My mother is transferring ownership of her house to me and my siblings.
That is the habendum clause and it is required to affect a transfer. However, there is a Special Warranty Deed language that offers another option. With that said, by transferring the house prior to death, you may be jeopardizing present or future federal benefits your mother has AND you may be exposing you and your siblings to additional capital gains taxes at the time of sale. PLEASE seek competent eldercare legal advice before doing this.See question
Foreign parents are planning on buying a home, and I plan to request their residency in the future.
Many foreigners own property here and it is often a much safer investment than in their home country. The only downsides I can think of (and it isn't really a downside), is that, depending on the investment (probably not their residence if there is no income), they may need to have a US tax return, and, upon sale, they may need to pay a percentage of the profit to the iRS, but it is merely an offset against taxes owed. However, it is highly recommended to find a CPA who handles foreign investors.See question
I worked for a real estate agent and was asked to move into one of the properties to make sure it's ready for showings (it's a 4plex) I have since quit working for the real estate agent and now the owner is trying to get past rent out of me. He ha...
He could try, but would need evidence (as would you). Do you have anything in writing? Any witnesses to the agreement? If I were you, I would just move on and react if he tries to sue you.See question
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.
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.See question
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...
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?See question
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...
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.See question
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.
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.See question
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...
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.See question
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.
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.See question
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...
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.See question