Kathryn Rae McKinley's Answers

I signed a 2 year lease over 1 year ago. It is NOT notarized.REAL BAD neigbor moved in and I NEED out. Do i get my deposit back?

Because the lease is more than one year old, and you and the landlord have apparently treated it as governing your relationship, the common law doctrine of part performance may apply, taking it out of the Statute of Frauds. (The requirement that the lease be acknowledged arises under the Statute of Frauds). In other words, it may not matter that it was not acknowledged because your subsequent performance essentially validated the lease. You really need to consult a lawyer.

2 lawyers agreed with this answer

I'm looking to create an LLC and transfer the title of my home to it. Do I need to play the King county excise tax in this case?

You indicate that there is a mortgage on the house. Because of that, even if you characterize your giflfriend's transfer to the LLC as a gift, you will pay excise tax on her portion of the mortgage. You should consult an attorney on this transfer. You should consult a tax accountant about deductions for expenses related to the rental.

1 lawyer agreed with this answer

1 person marked this answer as helpful

Can I reposess a car without a court order?

Repossession is a "self help" right that stems from a valid secured position. In order to be secured on a car loan, you need to be noted on the vehicle title as the "Legal Owner." If you do not have that status, then you cannott repossess the car without a court order. If you are on title and can repossess, you may not "breach the peace" in making the repossession. You would be wise to use an experienced repo company. You should consult a lawyer to fully understand your rights and...

1 lawyer agreed with this answer

Can a corporation be an owner of a sole-proprietorship?

The arrangement you are describing would appear to be a partnership or perhaps some sort of limited liability entity, not a sole proprietorship. In a "sole proprietorship" there is only one owner and that owner is an actual person, not an entity. You should seek assistance from an attorney as there are numerous legal ramifications arising from choice of entity, including tax implications.

1 lawyer agreed with this answer

Breaking a rental lease - never lived in house

Written leases are legally enforceable, and your daughter may be liable for rent and any other amounts provided for in the lease for the entire term, which I assume is one year. Having said that, the landlord did have a responsibility to mitigate its damages by attempting to relet the room once your daughter told the landlord that she would not be able to afford the room. Whether or not the landlord took reasonable steps to relet the room is an issue of fact based on all facts and circumstances....

1 person marked this answer as helpful

Who is legally responsible for the property tax after signing a real estate contract and filing for a home owners exemption?

Generally, the responsibility for payment of real estate taxes would fall on the buyers. However, since Idaho has no statutory provisions on this issue, it would need to be spelled out in the real estate contract. Even if the buyers are responsible under the contract, their failure to pay creates a valid lien on the property in favor of the county for the back taxes. Therefore, if the seller wants to prevent a tax sale, he/she will have to pay it. Depending on the terms of the contract with the...

1 person marked this answer as helpful

In Washington State what is the legal definition of a "Lot" when described in documents as "Lot and Dwelling."

If the plat has been recorded and the lots created, which I assume is the case since lots have been sold, then the developer owns 70 lots for most purposes. However, you reference documents that refer to "Lot and Dwelling." Without know what those documents are, or more information about them, it is impossible to say what the developer owns for the purposes of those documents. You may wish to have an attorney look at those documents to give you a more complete answer.

A power company is putting up a gate on the access road to our home, can they do this an restrict our access?

I agree with the other answers and would add the following: If you obtained title insurance when you closed on the property, and it did not contain a lack of access exception, you should be able to tender a claim to the title insurer if you lose your access to the propety.

Can I get my earnest money back?

You need to look at what remedies are provided in the contract for a breach by the seller. I recommend that you have an attorney look at the contract and advise you on your rights.

Trying to pay less excise tax to record quit claim deed.

You should consult an attorney. The amount of excise tax may hinge on how the mortgage and underlying note is structured. The issue is, how much debt was your brother being relieved of? That amount constitutes consideration to him. The answer may not be the same as how much his interest in the property was.