Kelly M Stearns’s Answers

Kelly M Stearns

Astoria Real Estate Attorney.

Contributor Level 7
  1. If the bank is not listed as the owner of the property on the deed, is our contract valid?

    Answered over 1 year ago.

    1. Kelly M Stearns
    2. Robert Lloyd Mauger Jr
    3. Christopher L Cauble
    3 lawyer answers

    If this was a typical foreclosure a notice of foreclosure should have been published in the local paper and the county recorders office should have a notice of default recorded against the title as well. Speak with the title company handling the sale and review your title report. If that is not helpful, a local real estate attorney can assist you in ascertaining the status of the property. My guess is this is either in Bankruptcy or in the redemption period, or the bank is correcting an error...

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  2. How do I rescind a guardianship and conservatorship set up for my father?

    Answered 4 months ago.

    1. Kelly M Stearns
    2. Matthew C McKean
    3. Conrad G Hutterli
    4. Rachele R Selvig
    5. Christopher Keusink
    5 lawyer answers

    Yes, the court will have to approve a final accounting and also your request to resign or rescind the guardianship/conservitorship. See ORS 125.230. http://www.oregonlaws.org/ors/125.230

    3 lawyers agreed with this answer

  3. Can my former tenant sue for his security deposit if he failed to provide a forwarding address?

    Answered 4 months ago.

    1. Douglas A Kincaid
    2. Kelly M Stearns
    3. Gregory L Abbott
    3 lawyer answers

    As I understand it, if you have no forwarding address, customary practice is to send a copy of the final accounting to the rental address and allow the post office to forward the document. The facts of your interactions with the tenant my overcome this custom but I would discuss this case with counsel before acting.

    3 lawyers agreed with this answer

  4. If I give my landlord a 30day notice to move out can she give me a 72hr no cause eviction ?is It legal to do that?

    Answered 11 months ago.

    1. Kevin Elliott Parks
    2. Kelly M Stearns
    3. Cheryl Rivera Smith
    3 lawyer answers

    You question is a bit unclear. I am not aware of a 72 hour "no cause" notice in Oregon. There is a 72 hour notice for nonpayment of rent. OR a no cause 30 day notice. Is your last month rent on deposit with the landlord? or did you pay it on time?

    3 lawyers agreed with this answer

  5. Do I need to pay the additional rent for one month?

    Answered over 1 year ago.

    1. Orion Jacob Nessly
    2. Kelly M Stearns
    3. Troy Austin Pickard
    4. Joanne Reisman
    4 lawyer answers

    You indicate the tenancy was a 6 month lease. The lease should state if you need to renew, if the lease is terminated or if your lease automatically rolls over into a month to month tenancy. It is typical that 30 days notice be given to terminate a tenancy. If your tenancy automatically rolls over to a month to month tenancy then you do need to give 30 days notice in writing. It is possible to rent for a fixed term of 6 months with the understanding that the lease ends at the end of the term....

    3 lawyers agreed with this answer

  6. My husband died we ave 3 houses in both our names I want to do a small estate affidavit do i have to list them as real prop

    Answered over 1 year ago.

    1. Joanne Reisman
    2. Kelly M Stearns
    3. Diane L Gruber
    3 lawyer answers

    The way title is held on the homes (real property) will determine your course of action. If the homes are held with the right of survivorship then you can file a death certificate with the county recorders office and transfer the homes outside probate. If the homes are held in another manner you will have to complete a typical probate, if their collective value exceeds the $200,000 maximum required for a small estate affidavit. Either a small estate affidavit or a probate should allow you, as...

    3 lawyers agreed with this answer

  7. Will medicaid disallow a quit claim deed made over 14 years ago

    Answered over 1 year ago.

    1. Joanne Reisman
    2. Kelly M Stearns
    2 lawyer answers

    The current look back period is 5 years for the transfer of assets. If your quit claim deed was properly executed and notarized the interest in the property should have transferred as of the execution and acceptance date. That does not mean the transfer will not be scrutinized since it was recorded recently. In my opinion it would be in your best interest to consult with a local Elder Law Attorney to assist you in applying for Medicaid for your Mother.

    2 lawyers agreed with this answer

  8. I have a large restitution I pay on. My Grandma wants to leave me her house. Can the state seize it as partial payment?

    Answered over 1 year ago.

    1. Jordon Huppert
    2. Diane L Gruber
    3. Kelly M Stearns
    3 lawyer answers

    The terms of your restitution payment contract will determine if they can seize the home for payment if or when you inherit the home. Your grandmother, with the help of a local attorney, should be able to create an estate plan placing the home in trust for your benefit without placing title in your name, and there may be other alternatives as well. I suggest your grandmother meet with a local estate planning attorney and inform them of this issue. That attorney should be able to assist her in...

    2 lawyers agreed with this answer

  9. Certificate of Trust requirement by lender.

    Answered over 1 year ago.

    1. Michael Robert Weinstein
    2. Michael Raymond Daymude
    3. Kelly M Stearns
    3 lawyer answers

    Often a title company will have a form for a certificate of trust and they maybe able to assist you. Ask your loan officer if they are working with a title company on your refinance and then speak with a title offer at that company. If that is not effective an local estate planning attorney should be able to assist you.

    3 lawyers agreed with this answer

  10. Is landlord required to repair structural issues in a commercial property?

    Answered over 1 year ago.

    1. Edward J. Fucillo
    2. George Costas Andriotis
    3. Kelly M Stearns
    4. Nancy L. Lanard
    4 lawyer answers

    From the facts you state here, if the local building inspector indicates it is a structural issue the property owner is responsible to repair the damage and bring it up to code. If the property owner refuses to do so, then you might with hold rent and make the repairs. In the interest of maintaining an ongoing relationship with your landlord you probably want to discuss the repair options with him and show him a bid or two from a licensed contractor for these repairs. Then try to get him to...

    3 lawyers agreed with this answer