Questions answered by Cheryl Rivera Smith

Archived

Can a property owner divert his surface water onto my land?

Cheryl's answer | Answered on October 08, 2013

Their water is "trespassing" on your land. You can contact the city and make them aware of this, and you can contact a local real estate attorney...

Archived

Do I have anything to stand on with Ocwen Loan Servicing, LLC?

Cheryl's answer | Answered on October 08, 2013

Mr. Busby is correct. Contact a local bankruptcy attorney. Many will offer a free initial consultation and will work their fee into the payment...

Archived

Can a Second Mortgage company come looking for their money after 3 or 4 years of non-payment. Is there a statue of limitation?

Cheryl's answer | Answered on October 08, 2013

In Texas the limitations period is 4 years. Most states are similar. Debt collectors have a reputation for coming after you long after the...

Archived

Can I quiet title or what other process can I take to handle this real estate matter?

Cheryl's answer | Answered on October 08, 2013

If all relatives are cooperative, you don't need a lawsuit to quiet title. You may need a probate attorney to do an heirship proceeding that takes...

Archived

Am I entitled for security deposit back?

Cheryl's answer | Answered on October 08, 2013

I certainly think you have an argument for the refund. Write a demand letter outlining your case and send it to the landlord with a deadline for...

Archived

Can the bank go into my checking and savings to collect the deliquent real estate taxes that they paid. Mortgage is current.

Cheryl's answer | Answered on October 08, 2013

They shouldn't be able to go into your accounts without an order of garnishment and I have never seen that happen in cases like this. Since the...

Archived

In 2008 we signed a lease to own agreement on a home in Florida. Later found out that the broker never legally owned the home.

Cheryl's answer | Answered on October 08, 2013

Yes you can! Unfortunately if he has no assets, all you may get is an uncollectable judgment. You can also file a complaint with the real estate...

Archived

How do I get out of my mortgage?

Cheryl's answer | Answered on October 08, 2013

The mortgage company will not allow you to remove your name. Your best bet is to pay the mortgage directly. To be removed, you can pay off the...

Archived

I came to home a 3 day eviction notice for non payment of rent. What are my options for preventing and/or delaying this action?

Cheryl's answer | Answered on October 08, 2013

The best thing is to reach a compromise with your landlord. You don't have to vacate in 3 days - that is your time to cure. If you don't move...

Archived

Do I have the right to obtain copy of the title search report from my attorney at closing?

Cheryl's answer | Answered on October 08, 2013

If you paid for it, you should be able to get a copy. As the former president of a title company, I don't understand why it would be a liability...

Cheryl Rivera Smith's Answers (5818)

Can a property owner divert his surface water onto my land?

Do I have anything to stand on with Ocwen Loan Servicing, LLC?

Can a Second Mortgage company come looking for their money after 3 or 4 years of non-payment. Is there a statue of limitation?

Can I quiet title or what other process can I take to handle this real estate matter?

Am I entitled for security deposit back?

Can the bank go into my checking and savings to collect the deliquent real estate taxes that they paid. Mortgage is current.

In 2008 we signed a lease to own agreement on a home in Florida. Later found out that the broker never legally owned the home.

How do I get out of my mortgage?

I came to home a 3 day eviction notice for non payment of rent. What are my options for preventing and/or delaying this action?

Do I have the right to obtain copy of the title search report from my attorney at closing?