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Cheryl Rivera Smith

Cheryl Smith’s Answers

5,760 total


  • Should I send copy/hand over copy of survey to potential buyers who are asking to see it or a copy?

    Selling about 14 acres of land and I paid to have professional survey done about 2 months ago on my land. Now I am selling land, and have had callers & potential buyers asking for me to send them a copy of land's survey. Is is best and smarter to ...

    Cheryl’s Answer

    Having closed thousands of transactions over the years, I have never seen reimbursement for a survey that was already done. And, typically the buyer will require the copy you have as part of the due diligence process. Look at the big picture and price the property appropriately so that your costs are covered in the gross sales price. It keeps you from looking penny-wise and pound-foolish and promotes good will on both sides of the transaction. Best of luck.

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  • What's the easiest way to clean the title on a property in Houston, TX?

    My wife and I live in CA and purchased a rental property out of state in Houston, TX. Sadly my wife recently passed away and I would like to know how to clean the title by removing her name so I can sell or refinance the property. The title lists ...

    Cheryl’s Answer

    • Selected as best answer

    If your wife died without a will, it is possible that you can sell the property with an Affidavit of Heirship to convey title. It is much less expensive than probate if the title company will accept it. If the facts are appropriate, the "name removal" happens at closing via the affidavit. Sorry for your loss.

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  • How can I evict her legally?

    I have a land contract in Michigan to a woman for $300 per month. contract states "as is" on the property. She $1200 behind in payments stating trash removal, past water bill ( which I paid), to wit should be deducted as to her own accord. Her ne...

    Cheryl’s Answer

    You need a Michigan attorney on this one. In Texas, land contracts are very procedure-intense regarding foreclosures and one wrong move can increase your liability. Please invest in the appropriate legal help. Or...since you are planning to give the house to charity talk to your cpa. Maybe you can write off the loss to her instead.

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  • Need help understanding warranty deed statement/language

    This statement is on my warranty deed, can you please explain to me what it means..... SUBJECT, HOWEVER, to the following: (1) Any and all reservations of oil, gas and minerals, exceptions, covenants, conditions and restrictions contai...

    Cheryl’s Answer

    Actually language is for the Seller's benefit. You may want to hire an attorney to prepare a proper deed to protect your interests.

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  • What action, procedure or paper work is required in Texas to sell a SFR (conveying title) under the following circumstances:

    1. The owner (a single person) died several years ago. (but left a will) 2. The executor of the will has not and in all probabilities will not be probating the will due to lack of funds. 3. All 5 heirs are still living.

    Cheryl’s Answer

    You could probably convey using an Affidavit of Heirship. Check with the title company and see if they will accept this in lieu of probate. Best of luck.

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  • Can a person do a background check on someone that is buying your home through owner finance?

    We own our own home and we are requiring 20% down so therefore we have to be the first mortgagee. What is the site that you need to get on? This is in the state of Texas.

    Cheryl’s Answer

    Yes. With the buyer's/tenant's permission. TransUnion offers a service at www.mysmartmove.com. Best of luck.

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  • Real Estate question owning a Condo

    My Condo is protected by a Group Master Policy / Condominiums Association . I was told that I have to have a personal property insurance also. Do I have to have one? I cant afford one right now. Thanks

    Cheryl’s Answer

    Personal property and interior policies don't cost much. If your condo is destroyed by fire, you probably won't get anything installed beyond the studs, so you really need this policy. Shop around.

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  • What action can be taken when you are required to pay Homeowners dues to the developer and refused to give members roster.

    Association will not provide account ledger on account.

    Cheryl’s Answer

    They are not required to give you an account ledger and if they do so, may be in violation of the members' privacy rights. If you want the information, become a member of the board and participate in the management.

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  • Grandparents bought a piece of farmland with house lot, verbally gave it to me, do I legally own it?

    When I was a child my grandparents bought 160 acres and verbally gave me the houselot. When they purchased it, they put my dad and aunts name on the deed. In 2010 after I got out of the Navy, I decided it was time to build a house. However, my gra...

    Cheryl’s Answer

    If you contributed "sweat equity" into the property, or had detrimental reliance on your ownership, you may have some type of interest. You need to go over the specific facts with an attorney to see if you have a case. Best of luck.

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  • Can a person check to see if a person is legitate when they are purchasing your property in Texas?

    FOR SALE: 3-2-2, Brick home. $99,500. Owner financed. $20,000-30,000 down. Call: This was the ad. The gal that is buying our home does not call us first. She sees it on craigslist. Goes into our neighborhood and figures out from the picture on ...

    Cheryl’s Answer

    You already signed the contract and if you don't perform, you could be deemed in default. Immediately find a local attorney or, at the very least, a broker (I have worked with a good broker in Red Oak named Debbye (Deborah) Wallace - maybe she won't charge too much to act as a consultant). You can, at the very least, require an application to be completed by the buyer with social security, driver's license, and banking information, so you can pursue payment if she defaults. Best of luck.

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