Real Estate Law
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My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:
Is your daughter's ex willing to sign over title to the property to her in return for an agreement to pay him a lump sum of money when it is sold?
I look forward to assisting you as soon as I have received this information. Thank you.
She has not discussed that issue or any other solution with him. Also, as far as I know they are on good terms.
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He is putting my daughter in a corner. He has told her that the only thing that will satisfy him is to be completely off the current mortgage, which forces her to refi. I suggested to her that she keep current on the property and let him worry about his credit borrowing power.
Would having a quit claim deed alone serve any purpose? From what you are telling me, a signed monetary agreement prior to sale is good, but should it or any other written agreement between the two individuals be notarized? It appears the cleanest route would be to refinance. Even though he is not contributing he holds a full deck in California.
Can the agreement be drawn up by the individuals involved or is it advised to have a lawyer, as yourself, draw up the document(s)?
How do we write up an agreement based on negative value of the property at the time he walked away? Do we throw him a bone and hope he walks away with it?
Tina, Thank you for your valued advise! You have given us direction to resolve the issue.
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Hi Tina. We started the refi. process and received notification that there were 5 liens (in the partners name) against the property. Phone calls tell us the 3 minor liens are cleared. We are investigating the remaining 2 liens. One lien placed on the property in 2008 was processed against the partner in 2006 for $3,000 and his second lien is from the IRS in 2010 for $14,000. He walked away from the property approximately 6 months after the lien was placed by the IRS. My daughter knew nothing about these liens until applying for refi. She needs to sell before any more liens are attached. Can she negotiate a settlement with the IRS and remaining
lien prior to sale? Is there legal recourse against this jerk?
Tina. If the property is sold and not refinanced can she still sue for the liens paid? What court system would a lawsuit be filed with and is it advisable to seek a lawyer if a lawsuit is necessary?
Tina, Thank you for your advise. On Monday, July 8 I rated your service as "excellent".
Tina. I understand. I will provide a rating regarding your service and pay for the new information because your online service has been so helpful for such a minimal fee. The JustAnswer web-site is misleading regarding offering free service or additional help to current customers. The additional help offered toward a recent issue does not indicate that an additional fee will be charged. Your JustAnswer site asks if there are additional questions regarding the previous real estate law issue or do I want a 7-day free unlimited membership plan. Thanks again, George
When I attempted to submit my current rating it then states that I previously submitted a rating and that a new rating requires an additional fee. When I presented my current concerns about my prior real estate question to you there was no statement regarding a new fee. George
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