Doesnt the dpa have to be filed in the county if it is to be used with realestate ? Notorized in other state, quit claim, does it have to be in county and state of property? Previous deed did not have joint tenant, single person,. quit claim to j...
The durable power of attorney should be recorded with the grant deed or quitclaim deed. If it isn't, then how does one know that the attorney in fact has the power to convey real property and, in particular, execute and record a quitclaim deed conveying an interest in real property to him or her self. It doesn't matter if the quitclaim deed is executed and notarized in another state as long as it is executed and notarized in accordance with the laws of that state and the recorder's office of the county in which the deed is going to be recorded accepts the notarized document. Each state's laws vary with respect to the execution before a notary public of a document to be recorded and it is important to determine the specific laws of the state in which the deed is to be recorded. For example, California used to accept a notary by subscribing witness, but now does not with respect to a document that is to be recorded. The law was changed several years ago. Your question and facts are confusing, but it is quite clear that there is a serious issue regarding the validity of the executed quitclaim deed. I highly recommend that you retain an attorney to assist you with respect to this matterSee question
It is my understanding of the law that they can only have access to the property for certain reasons. Isn't this an invasion of privacy? My property manager emailed me and said the owner wants to come by and have access to all the rooms in the h...
If you have a written Lease, it should address when a landlord can enter upon the property and the amount of notice that he has to provide to the tenant. A well written lease will have a provision which addresses this issue. You should know that when a landlord rents property to a tenant, the landlord transfers possession of the property to the tenant. Therefore, the landlord must respect your privacy; however, the landlord does have the right to enter the leased premises under certain circumstances. California Civil Code Section 1954 addresses this issue. Your landlord cannot randomly enter the leased property, but he can enter the property to: (i) respond to an emergency that threatens life or property; (ii) make repairs or alterations that are necessary or to which you have agreed;or (iii) show the premises to potential buyers, tenants, or repair workers. In addition, the landlord can enter the premises if you give him or her permission or if you have abandoned the premises or if the landlord has obtained a court order. The landlord must give you 24 hours advance written notice before entering the premises. The notice must state the specific time of entry, which must be during normal business hours. If there is an emergency, then the 24 hour advance notice is not required. The landlord cannot abuse the right of entry or use it to harass you. IF he abuses the right of entry, you should notify him and discuss the matter with the property manager. If the landlord does not stop invading your privacy, then you should consult an attorney.See question
I am on day 4 of my 7 days to get my inspections done and just found out that the current and previous owners of 2006 home never paid their property taxes (back taxes over $13,000) plus this year's taxes. There are other liens on the house. I do...
The seller is responsible for the unpaid property taxes and other liens against the home. If you are purchasing real property, then you should purchase it through a title company. At the close of escrow, the title company will make sure that you receive title to the home without unpaid property taxes and other liens before escrow closes. With respect to the current year property taxes, they will be prorated in escrow. The title company should make sure that all unpaid property taxes are paid in escrow and debited against the sellers. At the close of escrow, the grant deed conveying title to the property will be recorded and then mailed to you and the title company should issue a policy of title insurance which insures your title to the property and shows that unpaid property taxes and liens have been paid and that you are taking title to the property free and clear of those encumbrances.See question
In the case of a drunken driving accident leading to a lawsuit
Your question is not very clear. I can only assume that your facts are as follows: your spouse was involved in a drunken driving accident and you want to protect your one-half (1/2) of your community assets and your separate assets. The simple answer to your question is no, especially if the event creating the liability has already occurred. Attempting to transfer assets at that point in time maybe considered a fraudulent conveyance. If you have separate property, then it should be protected ffrom a community property debt incurred by your spouse. Your one-half (1/2) of your community property will not be protected from a community property debt or liability. You could enter into an agreement with your spouse where your community property interest in certain assets is transmuted (changed) into your separate property (i believe this is the answer you are seeking), but the creditor will be able to argue fraudulent conveyance (the conveyance or transfer is not effective, because you only did it to defraud creditors, which the law does not look upon favorably). The question that you ask has a very complicated answer, if I'm assuming the correct factual situation. I highly recommend that you consult an attorney who has considerable experience in asset protection.See question
When a piece of property is being sold, which documents must the current owner have the original of (as opposed to a certified copy)?
When a property is sold, there are alot of documents that are signed in escrow, which are all original documents. The only original documents that you will need to give to the escrow agent is the Note and Deed of Trust, if there was a mortgage on the property. If the property is owned by an entity, the escrow agent may want original resolutions from the (i.e., Board of Directors if it is a corporation) authorizing the sale of the property. If there is a lease on the property, the buyer may request the original lease agreement and the assignment of lease transferring the current owner's interest in the lease to the buyer. The escrow officer will usually let you know what original documents are required. The above documents are some examples.See question
Is it still possible for sale to go through? Can anything hurry this up? The home has been vacant for over one year.
If you are purchasing a home in California, then you should have entered into a Purchase and sale agreement with the Bank. The Purchase and Sale Agreement should state all of the terms and conditions of your purchase of the home. Once the Purchase and Sale Agreement is executed by the buyer and seller, there is an escrow opened with a title company to consummate your purchase of the home from the Bank. Contact your escrow officer at the title company to determine the status of the escrow (what items are completed and what items are not). Yes, it is still possible for the sale to be completed. To facilitate the closing, keep on top of the Bank and the title company. You will want to make sure that you get a title insurance policy on the home, which requirement should have been provided in your Purchase and Sale Agreement.See question
I want to break the joint tenancy arrangement with another party and need to know how to go about doing it. Do I need to tell the other party about it? Will the other party have to agree to break the joint tenancy?
It is very simple to break a joint tenancy. You simply prepare and excute before a notary public a quitclaim deed to yourself and record the quitclaim deed with the County Recorder in the County in which the real property is located. You do not have to inform the other joint tenant nor does the other joint tenant have to agree to terminate the joint tenancy. I recommend that you consult an attorney to prepare the quitclaim deed so that it is done correctly. Most attorneys will simply have their paralegals or legal assistants prepare the quitclaim deed with the other required documents. Under California law, you must also file a preliminary change of ownership form with the quitclaim deed for property tax purposes (to ensure that their is no reassessment of the property for property tax purposes). When the quitclaim deed is recorded, you will then own the property as tenants in common with the other owner of the property.. In addition, individuals may enter into an agreement (Co-Tenancy Agreement) when they own undivided interests in property as joint tenants or tenants in common. . Make sure that you are not violating any type of agreement with youir joint tenant. In addition, there are other legal consequences to changing the ownership from joint tenancy to tenancy in common. You should consult an attorney to make sure that terminating the joint tenancy will accomplish your objectives.. . .See question
I have been taking care of my mother in her home for almost 5 years. I tried to purchase the home (while she was still alive) but the bank wouldn't let us because of their arms length policy. Does the arms length policy still stand if she is decea...
If your Mother owned a home and did not have a Revocable Living Trust, then her estate must be probated. If she had a Will, then the Will must be probated. If she didn't have a Will, then her estate must be probated intestate. You should consult an attorney to begin the probate of her estate. If you are her sole heir, then the home will pass to you subject to the debt through the probate process. Once you are named as the executor (if she has a will) or the administrator (if she does not) and Letters Testamentary are issued to you by the Probate Court in the County in which your Mother resided, the Bank will talk to you. The Bank is most likely not talking to you, because they are not the ones who will sell the home and they need to be able to talk to the appropriate party , who now owns the home.. Your Mother's estate is the owner of the home.See question
Also, do I sign their name or mine?
No. The Power of Attorney needs to be in writing and your parents should have their signatures to the Power of Attorney notarized. It is recommended that an attorney prepare the Power of Attorney, because there are a number of different types of Powers of Attorney. In addition, certain powers granted by a Power of Attorney require certain language.See question
I'm buying a property in cash, 40'0000.00 can I buy it in my kids name.
First, it depends upon the age of your children. If your children are over the age of 18, then you can buy the property in their name. If they are under the age of 18, then the property cannot be deeded directly to them because they do not have legal capacity. In that case, you would have to take title in your name under the Uniform Gift to Minor's Act or as custodian for your children.
Secondly, you should determine if you want to put the property in your children's name. It maybe that you don't want to put the property in their name because they will then have control over the property. Are they mature enough to own the property? Do they have the financial abilty and acumen to own property? It maybe that you want to form a trust (irrevocable, which means it can't be changed) and have the trust take title to the property. Your children would be the beneficiaries of the trust. Lastly, if you purchase the property for your children in any manner described above, you will be making a gift to your children in the amount of $40,000.00. There will be gift tax consequences.