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Cheryl Rivera Smith

Cheryl Smith’s Answers

5,760 total


  • Even if the house was gifted to the other owner are they responsible for 2015 taxes?

    There are two owners of a home and property. And taxes are become an issue. Half the house was gifted on 12/31/15 to one of the owner's and the other owner paid all the taxes for 2015.

    Cheryl’s Answer

    If the taxes are not paid in full each year, the taxing authority could foreclose and you both will lose the house. Owner who pays taxes could sue other owner in small claims court for reimbursement if reimbursement isn't voluntarily given. Best of luck.

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  • What actions can I take if any to either recover my vehicle or the value of it?

    The owner of the mobile home park where I live and two of my vehicles towed with no warning verbal or written after realizing what he had did he paid to get one of my vehicle out of impound but not the second one now I don't think I can get my veh...

    Cheryl’s Answer

    Your best bet is to file a claim against your landlord in small claims court if he fails to help you, but the process will take time. What about the person whose name is on the title?

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  • What can I legally do with his things? I no longer want them in my house.

    My ex boyfriend and I broke up in October. He had started moving in but didn't. He left several baskets and bags of his clothes and other personal things at my place. I have given him plenty of opportunities to come get his things. There is always...

    Cheryl’s Answer

    There is no clear law on this, but I have tenants leave possessions they might want quite often. I send a certified letter, and one by regular mail that gives them 20 days to pick up the remainder of their items. In the letter, I state that if they fail to pick these things up by the deadline, they will be disposed of or donated to charity.

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  • My question is how can I get off this mortgage.

    Ok I'm living in a house where I have my name on the mortgage and so does my mom. I want my name off the mortgage but my mom won't do the paperwork so I can take my name off. The mortgage company said I can do this, but my mom just has to sign.

    Cheryl’s Answer

    Why won't your mom sign? It is possible that the "papers" modify her loan, increase her interest rate, or otherwise make the loan terms unmanageable for her. Only the lender can agree to remove you from the obligation without your mom's signature, and it is doubtful they will do it. I would have an attorney look at the papers and outline your options if there are any.

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  • Third party interests and title insurance

    The owner placed his property for sale, found a buyer and entered into a contract for purchase. Buyer's attorney found a problem with the title (a former spouse of a previous owner in the chain of title who appears to have an interest in the prope...

    Cheryl’s Answer

    My colleagues are correct. It is also possible to move the transaction to the title company that provided the insurance and they may agree to continue to take the risk and "insure over" the problem. This essentially gives the new owner they "clean" title he or she needs.

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  • Is the HOA responsible for pay for damages to my unit?

    Live in a condo run by a home owners association. Maintenance of the roof belongs to the HOA. Had a roof leak, the leak was repaired but cause damage to my floor and ceiling.

    Cheryl’s Answer

    Without reading the documents I can't be sure. However, most will provide that roof maintenance is the responsibility of the HOA. Resulting damage would the their obligation as well. You may want to talk to an HOA attorney if the management will not provide the help you need.

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  • Do i need to sign the quit claim form in order for her to assume the loan?

    I was recently notified by the mortgage company that my ex is 3 months past due on the mortgage. I have contacted her and asked her to refinance or assume the loan and to get me removed from the loan. She sent me a quit claim form to sign. Now i...

    Cheryl’s Answer

    Typically we don't use quit-claim deeds in Texas. With that said, it will not relieve you from liability on the loan. It is possible that your best bet is to talk to your divorce attorney and possibly apply for a modification since it appears she can't handle the loan obligation.

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  • Is there any remedy legally that I can take against the builder especially given I have had the home now for close to 2 years?

    I bought my home 22 months ago from a renown builder (brand new). The agreement was for 2252 square feet and this is written in the contract. I am in the process of selling the home and just realized that instead of 2252 square ft as in the contra...

    Cheryl’s Answer

    Keep in mind that the Collin County Appraisal District sometimes makes mistakes. Before you take any action, I would hire an appraiser to provide an accurate measurement so you will know for sure. It may not cost much since they would not be giving you a full appraisal. Best of luck.

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  • Do me and my siblings have to agree to all that just to sell my aunt 1 acre and a trailer?

    My aunt wants to buy real property from the estate but the paper the lawyer wants to be notarized also names her independent administrator over the estate and a waiver of notice and interest.

    Cheryl’s Answer

    I strongly recommend that you and your siblings hire an attorney to review this. It appears that it is only your aunt who applied for the letters of administration (any of you could have done it), and she was appointed by the court to handle the estate. Has an appraisal been done to make sure that the price is appropriate? Do any other heirs want to purchase it? Do you want to place it on the market? These are a few of the questions you want to ask yourselves, your aunt, and possibly an attorney. Sorry for your loss.

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  • Can she rent it out without my permission? Is there a way to force her to sell or refinance and get me away from this bad deal?

    My ex wife got the house in the divorce. Because she had no money to refinance or buy it, I agreed to continue to pay for the house in lieu of child support. I realize now that that was not a smart move. Now she is threatening to move and rent the...

    Cheryl’s Answer

    It is possible that she may be able to do this, but she, in turn, will have to pay for her new residence, so it is probably a wash for her financially. The only way to be sure is to go over the facts with your divorce attorney if you are unsure what the final award to her was. Best of luck.

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