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Roger Thomas Dunaway's Answers
- 6 Legal Answers
- 0 Legal Guides
1
Attorney answers:
Can my documented easement be taken away by the property owner who's property it crosses.
I presume that you have an easement which is part of your property's legal description since you mention "easement papers" that came with your deed. If so, the adjoining property owner does not have the unilateral ability to interfere with your easement rights. There may be a question as to the easement's location based on whether it is defined with specificity in your "easement papers." Also, if there is no documented easement (ie: defined in your deed) or if location is at issue, you may have...
3
Attorney answers:
How do i dissolve an Homeowners association?
Most Homewoners' associations are formed as non-profit corporations. Check the Articles of Incorporation and the Bylaws first to see if these documents address how to dissolve the association. There may be a procedure whereby members (or the Board of Directors) can call a special meeting for that purpose. If not, legal action may be needed to have a court order the dissolution.
2
Attorney answers:
Can I put a lein on more than one real property if own by the person who the judgement is against?
The answer may depend upon laws of your home state. In some states, the judgment may show up on a property's title report without the judgment creditor having to take any action. There may be a requirement (in other states) that the judgment creditor take some sort of action to have the judgment attach to real estate (i.e.; record a certified copy of the judgment with the county auditor/ recording office). It is always best to speak with an attorney in your home state to get correct advice on...
1
Attorney answers:
What could they sue us for? Real Estate-
It is possible that you could be sued for the asking price. The seller's available remedies here will depend upon what is stated in the Purchase & Sale Agreement as well as applicable state law. I would take this matter very seriously and encourage you to seek counsel to represent your interests. I presume the property is in Ohio from your post. Thus, you will need an attorney licensed in Ohio to properly advise you about your obligations and rights under the terms of the Purchase & Sale...
1
Attorney answers:
If I walk away from my home of 30 years, the mortgage company said they would take the house would I still owe money?
If you just "walk away" from the property and stop paying the mortgage, you legally still owe the money. However, you can possibly negotiate a deal with the lender. The lender may be wiling to accept a deed in lieu of foreclosure where they take back the property to save the time and expense associated with a foreclosure action. If this option is pursued, make sure you have agreed in writing that if the lender takes the property via a deed in lieu of foreclosure that it will terminate any...
1
Attorney answers:
How to remove a defunct company from a title report
Cathy: Although I am in Washington, I am sure the law would be similar in New York. Do you have evidence that the loans were paid in full? If so, the title company "may" be willing to remove the loan information from the title report. The title company "may" also want you to indemnify them against any possible risk associated with removing the loans from the title report. I think that approach is maybe a long shot. The best approach is to file a Quiet Title Action to remove the the loan...