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Rick Davis

Rick Davis’s Answers

10 total

  • How can I walk away for paid for raw land and get out of the poa fees.

    Rick’s Answer

    Just walking away is usually not the right answer as there could be credit damage from letting the POA foreclose. With that being said, there are options available to try and negotiate a way out of the property. I would be happy to discuss this a little further with you if desired. Feel free to send me a message and let me know a little more about the property (e.g., the address) so I can look into your options before we talk.

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  • If my spouse refinances our farm without me, does that take my name off of the deed ?

    Rick’s Answer

    No, if you own an interest in the property, you would be required to sign a deed transferring that interest. This can be done as part of the refinancing but it would require your participation.

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  • Do I need a private right-of-way easement to create a pathway from my garage to the basement door in the back of the house?

    Rick’s Answer

    Yes, you will want to document this agreement through an easement or license to as to avoid issues down the road if the neighbor changes his/her mind or the property is sold to a third party.

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  • If the title company disclosed our financial information to the sellers can we sue? They knew what our equity was before closing

    Rick’s Answer

    I agree with James Franklin Freeman III and would also note that at the point the title agency was involved, the terms of the sale would already be set forth in the contract, and therefore, this wouldn't have any effect on negotiations.

    It sounds like the seller was unrepresented in the sale. Although, there are times where FSBO makes sense, if the seller isn't well versed in real estate transactions, it is usually advisable either to hire a real estate agent or an attorney to help oversee the transaction as he or she would be more familiar with how these type things are handled.

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  • Is my notice adequate or am I actually required to sign the forms in the office?

    Rick’s Answer

    Let me supplement the previous answer to state that you should check your lease to ensure there isn't a paragraph dealing with the methods of providing notice. The lease may require that you mail notice to a specific address or via a specific method. Assuming there is no such provision, then I would agree your email is sufficient.

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  • Can they sue for the first issue after buying, even though they could have walked away, and do we need to fix the crack?

    Rick’s Answer

    I agree with James that you are best to disclose the newest discoveries. Just disclosing the issues, doesn't necessarily mean they can cancel the contract, but even if they attempt to do so now, it is better than dealing with this later.

    As to the first issue with the plumbing, the buyer did likely waive any claims if they were made aware of the issue, had the opportunity to cancel the contract/negotiate a new price, and decided to continue with the purchase.

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  • What are my options? Is there any way to get sole access to driveway?

    Rick’s Answer

    The first question that should be asked is where does the property line fall. Then you would need to review the specific terms of the signed agreement that likely granted an easement to one of the parties (or both if property line is down the middle). There are several possible situations depending on the answers to these two main questions.

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  • Do I fight the bill without pictures or work with the agency that sent the bill?

    Rick’s Answer

    The first thing to do is to ask for information regarding the breakdown of what is owed. If the collection agency doesn't have that info reach out to the apartment complex. If the debt is based on unpaid rent, you likely still owe it despite the unfortunate events leading to your move out. If it is damage, try to figure out if the landlord sent a statement of damages within 30 days of move out. Once you have that info, you can still fight it without picture but you might have a harder time winning in court if it went that far. Reach out to the collections agency and tell them which charges you disagree with. Offer to pay the charges you do agree with and see what response they offer.

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  • Can a HELOC after CHPT 7 be removed using a statute of limitations (6 yrs last paid)?

    Rick’s Answer

    Although this issue is not completely settled, the general understanding is that each month the mortgage payment is not made constitutes a new default and therefore the statute of limitations would run from the most recent missed payment. The bank may have lost the ability to collect for certain past due payments that were due over five years ago, but the remainder of the balance is likely still collectible. Also, other factors, such as the bankruptcy, may toll the statute of limitations. If the HELOC has been uncollected for so long, the bank may have charged off the mortgage. As such, you can try reaching out to the mortgage company to negotiate a reduced payoff.

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  • Can I provide a written 30 day intent to vacant? Will this prevent him from filing eviction. Do I have any rights?

    Rick’s Answer

    Unfortunately, since you did not sign a lease for the property, your ex-boyfriend does have the ability to remove you from the property. If you were to provide a "30-day notice" it will not have any effect of lengthening the period of time you can live in the property; however, it may discourage your ex-boyfriend as an eviction takes several weeks (not counting any potential notice periods). Your best course of action would be to try to negotiate an agreed move out date with the ex-boyfriend and avoid courts/attorneys entirely.

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