2 of 3 the owners deeded on a property want to either sell and split proceeds or buy out 3rd owner (who is the only owner living in the house). 3rd owner refuses to sell the house or his share, stating he will stay in the house until the sheriffs ...
You must file a partition action in the Circuit Court where the real property is located. This will not stop a foreclosure, if you are in arrears. However, the bank may cooperate if you are represented by an attorney. Ultimately, you will not see cash out of the sale unless there is equity in the house.
Call an experienced real property litigator to protect your assets and your rights.See question
Both my name and my husband name are on the deed to home now. I intend to keep making the payments to mortgage company.
It depends entirely on how the deed is worded. If you and your husband held the property as "tenants by the entireties" or as "joint tenants with rights of survivorship", then his interest passed to you automatically, by operation of law. No additional paperwork is required to effect the transfer of title.
However, if you held the property as "tenants in common", his interest must pass through an estate and be distributed according to his will or the intestacy laws of Maryland.
Call an experienced real property litigator to protect your rights and your assets.See question
Mom & grandpa bought DC house in 1958 (deed names mom as wife instead of daughter)...grandpa put's grandma on deed in 1980 (purported to be corrective deed saying mom's name on 1958 deed was scriviners error). Grandpa died then grandma took revers...
If she has already been sued, she needs a lawyer ASAP. She has valuable affirmative defenses which will be waived if not properly raised, pursuant to the governing rules. In DC, a fraud in the chain of title renders all subsequent conveyances "void ab initio" -- the lender avail itself of the legal principle of being "bona fide" (a critical distinction from Maryland law).
Call an experienced real property litigator ASAP to preserve your family's rights and assets.See question
Tenant refuses to pay by a court order.
You are confusing a warrant of restitution -- which addresses only the parties' "in rem" liability (their rights relative to the use and possession of the property), with a money judgment -- which addresses the parties' "in personam" liability (their personal liability for a debt).
Consult with an experienced real property litigator to protect your assets and your rights.See question
I'm working on a loan modification with Wells Fargo in hopes to reduce my mortgage payments. I have completed my trail mortgage payments but the bank insist I need to find my ex-husband and get a quit claim deed on the property. I have not had an...
Typically, title to jointly-held property is resolved in the divorce decree. However, if he remains on title, you must either (1) obtain his signature on a quitclaim deed; or (2) sue him for partition in the Circuit Court. A partition action will divest him of title, and allow you to move forward with the loan modification. Your ex is entitled to the fair market value of his interest in the property.
We handled a case recently where we were able to offset every penny owed to the ex by offering proof that the ex had not contributed to any maintenance, property taxes, insurance, etc. Call an experienced real property litigator to protect your rights and your assets.See question
I paid 7000 grand towards car for my daughter. Stupid me gave her dad the money. He over spent by over a grand and demanding I pay half back to him of what he went over. I told him in an email and text tgat I would at tax time, but only said that ...
Yes, promises made by email or text can be enforceable. In court, the burden of proving a clear and definite promise rests with the plaintiff. The proof can include the emails/texts, and testimony about oral conversations.See question
ex husband file bankruptcy and gave up right to our property. purchased his shared of property from his bankruptcy trustee for $5K, trying to get a loan modification but mortgage company stating the quit claim deed in invalid because ex spouse's ...
You need to hire an attorney to resolve your title issue. A bank will not loan money against a property if title is murky. A few hours and a few hundred dollars can save you heartache.See question
I had an ex-girlfriend who I was taking care of financially (not as an agreement) to help her with bills and stuff. I recently discovered she had been in a relationship with another boyfriend while she was with me. I have given her over 10K in m...
First, accusing her of prostitution will not solve your problems. In fact, it would only serve to implicate you. Solicitation is a crime!
Second, generally, you may recover money bestowed upon another under quasi-contractual theories (e.g. unjust enrichment, promissory estoppel, etc.). An affirmative defense to those claims is that the value conferred was a gift, with no expectation of repayment. Your characterization of the value conferred as "money and gifts" suggests that such an affirmative defense is applicable here. If there was no expectation of repayment, recovery will be nearly impossible.See question
I am being sued for lead poisoning (by a non-tenant). When they sent over the doctors notes from their testing, it stated another house (call it house 1) was the source of the lead paint poisoning and had been abated twice in 30 years. The mother ...
Yes, you may file for summary judgment. Recently, our firm has been able to knock out lead-paint claims with an immediate motion under Maryland Rule 2-501. You should hire a lawyer to ensure your motion complies with the evidentiary burdens incumbent on a party moving for judgment on the merits.See question
Ever since neighbor had basement waterproofing completed, excessive, noxious (toxic) dryer fumes have been entering into my home and causing me health related problems AND negatively affecting the use and quiet enjoyment of my own property. Now, t...
You need an experienced real property litigator. I've tried similar cases, in the very recent past involving intruding water, vermin, noise, and smoke. You may sue for injunctive relief and money damages associated with the nuisance.
Call a lawyer ASAP -- the longer you wait, the stronger your neighbor's argument will be that the nuisance really isn't all that bad, since you tolerated it for a length of time!See question