transfer on death deed. grantor owners to joint tenants. convey quit claim. dated 2015. also says "when effective this instrument conveys any and all interests in the described real property acquired by the grantor owners before, on, or after th...
GENERALLY SPEAKING, a Transfer On Death Deed ("TODD") does not 'effectively' transfer any interest in the legally described real property held by the Grantor until the death of the Grantor; therefore, if subsequent to properly executing a TODD, and before the same Grantor's demise, the same Grantor conveys the legally described real property to some other Grantee, then said legally described real property can no longer be conveyed via the TODD (because at the time of the original Grantor's demise he or she no longer holds any interest in the underlying legally described real property).See question
I am selling 40 acres of land and in the purchase agreement that people buying my property has sent me states that I am responsible for closing costs. Since my land is paid for and they are getting a loan from a bank To buy my property arent they...
Keep in mind the old adage “everything is negotiable.” There is not a set rule regarding which party pays the closing costs, but it is very common for the buyer to request that the seller cover the closing costs. Then the buyer will not need to have additional funds available on the day of closing. The seller is not required to accept the terms of the proposed purchase agreement (also known as the “offer”). In your situation, you may want to consider countering the buyer’s offer by raising the purchase price enough to cover the amount of the closing costs.See question
We recently bought a house and are planning to close on the house in just a few days. However, the seller recently contacted us and told us they would not leave the house by closing and would continue to live in the house beyond the closing date u...
After closing, you can seek eviction from the court and also "ask" the court for damages (probably in the form of daily rent).See question
2 spouses own mortgaged house are separated but one spouse won't leave. Can the one spouse legally sign the home over to the other and not be responsible financially?
It depends. Did both sign the loan documents such as the promissory note? The vast majority of people do not realize that a “mortgage” is not the same thing as a loan from the bank. The mortgage is the security instrument the bank uses to put a lien on the underlying collateral property for the repayment of the loan from the bank. Both could be owners of record of the property while only one actually borrows money from the bank; but practically speaking, the bank would need both signatures on the mortgage documents (but not the loan documents) in order to properly place the lien on the underlying collateral property.
So you need to determine whether both husband and wife borrowed the money from the bank and thus both signed the loan documents. If both signed the loan documents then both are contractually liable for what is written in the loan documents.
If only one signed the loan documents, then the other is not “contractually” liable; however, there is very likely a mortgage-lien on the underlying collateral property that can only be removed by repayment of the loan from the bank.
I know this may sound a bit confusing; this is why you will want to discuss you specific situation with a qualified attorney.See question
I am a condo president, and have recently become concerned that one of the other owners is engaging in fraud. These are one-bedroom condos, about 900 sq. ft. He runs his business out of this location (he lives overseas) but also rents this space ...
You do not have sufficient information to conclude fraud is occurring. For all you know, the tenant is involved with the business in some respect. It does not sound like there is a specific violation of any homeowners' association covenant, rule, or regulation.See question
I bought a house to use as a rental property. The property already had renters and a management company at the time of the purchase, and I decided to keep the renter and use the management company. The management company only told me about the mon...
It’s not a simple answer. Although one could attempt to take the position that there was not a contract between you and the management company, that may not necessarily be the case. Even though there may not be a “written” contract, that does not mean a contract was not created. Moreover, even assuming that technically speaking a contract was not created, the management company could have a strong quantum meruit argument; simply this means something along the lines of "reasonable value of services." In other words, the management company’s argument would be that it should receive reasonable value for the service(s) it provided. I would encourage you to attempt to convince the management company to refund the renewal fee, but don’t be surprised if the company does not see things your way. You could also remind the management company that you could simply discontinue using the property management services altogether; this may encourage the management company to at least meet you in the middle.
Good luck.See question
I own my home his name is on nothing we have 2 kids he has not supported us at all he will not get a job. He has been leaving my windows and doors open when the central air is on to boost up my bill he has left the water hoses running outside my h...
Most importantly, are you and the children safe from harm? If you or the children have been threatened (put in fear of imminent bodily harm) or actually physically assaulted, then you can immediately seek an Order for Protection (“OFP”) from the county (district) court, which if granted will legally restrict him from coming within a predetermined distance of the home and/or you or the children. OFPs are enforced by law enforcement and it is a criminal act to violate an OFP.
If there is not a risk of physical harm, then yes, you can seek an eviction order from the county (district) court. Forms are available at most courthouses, and I’m nearly certain they are not only available at the Hennepin County Courthouse but also online at the website for Minnesota’s Fourth Judicial District.
To be clear, just because you seek an eviction does not mean you will automatically be granted an order evicting him from the home. But given the fact that he does not pay rent and is causing damage/waste to the property I think your request is likely to be granted.See question
Where is the best place to find public information regarding litigation outcomes of Homeowners vs. Builders. Specifically, the big names such as Lennar & DR Horton ?
In Minnesota, in the state district courts, you could search the Minnesota Trial Court Public Access system at http://pa.courts.state.mn.us/default.aspx
Many, but not all, Minnesota appellate court records can be searched and reviewed at http://mn.gov/lawlib/search/
The federal courts use a completely different electronic records system that can be accessed at no charge by visiting one of the federal courthouses and sitting at one of the computer terminals available to the public.
In addition to the above, there are several resources that offer electronic court records search for a fee; such as Lexis Nexus, Thomson Reuters, FastCase, etc.
We remodeled our home last year, have a signed contract for placing a new high efficiency furnace. Had the unit serviced today, the technician informed me that the unit was over-sized for the home, not to code, and was 12 years old, he also did no...
Advice and counsel from an attorney could be very beneficial in the situation you described; however, you do not necessarily need a "construction" attorney. Based on the little information you provided it appears that you may have multiple causes of action against the party that sold you and installed the furnace. I encourage you to contact an attorney that handles contract disputes and/or civil litigation and discuss the matter further. Good luck.See question
My wife owned a condo in CA and we stopped paying the HOA fees by July of 2008 (6 years ago). We had a Chapter 7 BK filed in May 2009 and completed in September 2009. We just received a letter stating she owes post bankruptcy HOA fees from June ...
Your situation is dealing with California contract and real property law in addition to U.S. bankruptcy law. I personally would not be comfortable providing much in the way of guidance without knowing whether California has adopted the Uniform Common Interest Ownership Act (like Minnesota has). If your situation involved property in Minnesota, and that property was subjected to (governed by) Minnesota’s version of the Uniform Common Interest Ownership Act (known in Minnesota as MnCIOA) then I could offer you very specific guidance. What you are going to need to do is seek the advice and counsel of a lawyer practicing real property law in California, and I would assume the real property attorney would be sufficiently competent in contract and bankruptcy law to address all of the relevant issues for you.See question