It will depend on what the Letter of Authority provides- whether the property can be sold or mortgaged during a time that the estate action is open, will be determined by the Court. Additionally, it will depend on whether the decedent died intestate or not - but it is not uncommon that one or more... View More

A deed is essentially a contract that conveys real estate. Once the deed is signed over to another party (the grantee) the grantor (the person deeding the property) has no further interest in the property. There are exceptions to conveying real estate by deed, and when it comes to probate or... View More

If you have a recorded land contract and the buyer defaults, then the only way to remove the land contract as of record is to have a court judgment against buyers in a land contract forfeiture action. This is true even if the buyer has abandoned the property. I hope this helps.

It sounds as if some how during the initial transaction, your name was placed on the title. If there was no consideration, and you canceled the transaction, then the title company may be trying to clear the title. A quit claim deed is used for just that purpose. When you endorse a quit claim... View More

When the Seller's home disclosure is not endorsed by buyer prior to closing, the buyer actually waives any issues related to the condition of the home. So if the seller failed to disclose a problem with the home, the buyer would have to have the signed disclosure prior to closing if the buyer... View More

The divorce decree is a court order that is binding on both parties. However, the mortgage will need to be paid by someone if it has not matured by the time your last child turns 18. So if the provisions of the divorce decree fail to address this issue, or does not provide that your ex- spouse is... View More

Generally speaking, a property can be considered abandoned when it is determined by a court officer or court that a tenant has abandoned the property. Alternatively, if the tenant provides you with keys to the property, that is considered delivery of their interest. Other than that, you need to... View More

You will need to file a judgment lien against the party's home, but it will only attach to their interest in the property. Also, a judgment lien cannot be foreclosed upon. It is a lien that remain on the home until the debtor sells or refinances the home.

I would definitely want to review a title abstract before issuing any new deeds. That is a first step before doing anything further. Need to see the title abstract to date, then we can see how to proceed with 'new members."

Subject to reading the will itself and the court's letter of authority, personal representatives who have been given authority over real estate may have the right to evict the occupants who have no lease and no beneficial interest in a property, regardless of who they are.

If the Land Bank actually received a judgment to take your property, you would need to confirm that you were served properly by them. You have ONE YEAR from the date of the judgment to request the court to set aside the judgment for good cause.

The first step is that you would want to speak with a real estate lawyer who litigates. You don't mention when this fraud happened, so there may be limits on when you can sue. Fraud allegations are not taken lightly, and proving fraud has a very high threshold of proof, so you would need to... View More

Something does not sound correct. If the mortgage was paid off from the insurance company, the servicer should not continue with the foreclosure. It would need to be canceled. An experienced real estate attorney should review the documents and former loan payoff to be certain. Good luck.

They can definitely challenge the will if there are no other witnesses or notary to the will. If you prepared the will and you are the only named beneficiary, to the exclusion of the other siblings, then there is a rebuttal presumption of undue influe nce by you over your parent. You have to ha... View More

To bring your action, you have to have a fee simple interest in the property, which you do not have. However, nothing prevents you from assisting your parents from asserting their rights and you advance funds to help them do so.

Great question. If the court order has been entered, then the fact that there is an estate opened now on the file is of no consequence. The estate will have a personal representative that will be tasked with completing the eviction process. I hope this helps.

You could record a claim of interest on the property if in fact you had a legal right to the subject property. You must be careful as you could be slandering his title interest. Therefore, it is best to seek have a real estate attorney review the title abstract first, and then get with you as to... View More

Not quite sure what your question is, however, in general there is a redemption period for most foreclosure sales - meaning that the homeowner is given a specified time after the foreclosure sale to still pay off the mortgage lender and retain ownership of the home. This is called the redemption... View More

Any agreements concerning real estate must be in writing, according to the "Statute of Frauds." The idea is that certain types of contracts must be signed and in writing to be valid because verbal or oral agreements dealing with real estate can create confusion and therefore, verbal... View More

Generally speaking, 'Yes' provided that an estate for the decedent is opened and the personal representative of the estate decides to pursue or continue the lawsuit.