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Recent real estate law questions

I recently purchased a home. Prior to buying the home, a

I recently purchased a home. Prior to buying the home, a home inspector found that there had been a "rodent" infestation. It was littered with bait traps, mummified rodents, animal feces etc. As part of the condition of sale, we demanded that there be a complete removal of all bio matter, cleaning of the insulation and replacement of insulation, if necessary. The owner told us that it was done and we hired the same home inspector to verify. He sent us a note that the work was done, including new insulation, and we proceeded to buy the home.Four months, later, an electrician, we hired, found additional mummified rodents, bait traps, feces, etc, under the new insulation and in the outer reaches of the attic. The home owner's "cleanup" company is admits, they did not do a complete clean up but they did the work as requested by the original homeowner. The original home owner is refusing to complete the work per the purchase contract. The cost to do the work is $4500. Small claims count is limited to $2500. If I sue, and win can I get the original owner for all the cost to repair, lawyers, fees, etc. Do I even have a fraud case?

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Roger

Litigation Attorney

Doctoral Degree

 
32,798 satisfied customers
What are the laws concerning trees growing on property

What are the laws concerning trees growing on property lines? I live in town and my back yard is fenced with a privacy fence. The neighbors behind me are renting their house. In their backyard are three trees that are growing right next to my fence. One of the trees has gotten big enough that it is pushing against my fence as it grows causing my fence to lean inward. Do I need to talk to the people living at the house or the landlord? Also, if they choose not to do anything about it, what are my options?

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Loren

Juris Doctor

 
34,582 satisfied customers
We just had the foundation on our property repaired in

we just had the foundation on our property repaired in december of 2015. We were told to contact the iwners of the properties on both sides of our house to repair their drain pipes because all the water from both of their properties was also running to our property because of the direction that their drain pipes are facing. We wrote letters to both owners reauestinf that they make the necessary changes. One owner respondes right away however the other one was rude and arrogant and has done nothing yet so all the snow and rain water so far this year has ran to our property. We just had our 6 month chk on the house and was informed that our foundation had sunk more on the very side that is being dicussed. We need advice on what options we have and how we can include her neglect in the issue we are facing. At this moment she is patching the house together for auick sale. Any and all suggestions would be appreciated. Thank you

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KimberlyLaw

Principal Attorney

Master's Degree

 
3,648 satisfied customers
My condo was totally destroyed by a fire that resulted from

My condo was totally destroyed by a fire that resulted from a lamp that shorted out. The Associations master policy covered the rebuilding of the unit and included the replacement of HVAC, all kitchen cabinets, counter tops, counters, bathroom fixtures, mirrors, lighting fixtures through out the unit, doors, all plumbing fixtures, carpeted stairway and ceramic tiled floor in bathrooms and kitchen. However, they refused to pay for flooring other than the ceramic tile in the kitchen and bathrooms. The unit i purchased new came with wall to wall carpet in the other areas. I had taken out the carpet and replaced it with hardwood flooring. The management company told me at first that the association had passed a bylaw prohibiting hard wood floors being installed in all "B" units. I have a B unit. However, I checked the recorded dec and bylaws. No such limitation existed. Then I was told that the master policy didn't cover " betterments" installed by the unit owner. However, I installed "granite counter tops which were originally were laminated. They replaced the granite counter tops that i had installed. but would not give me credit for carpet or the hardwood flooring which i had to pay for. the dec. says nothing about "improvements and betterments"I had to lay out over $13000 for flooring. do i have a case against the Association or the ins. co.

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J. Warren

Attorney

Doctoral Degree

 
3,858 satisfied customers
We have our duplex. Have had many offers that fell through.

Hello we have our duplex for sale. Have had many offers that fell through. The last offer we requested a 5000 deposit due to this. They agreed and removed every subject except financing. They put the deposit in trust and now are backing out and requesting release of deposit. Are we entitled to any of the deposit?

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Albert Marmero

Juris Doctorate

 
230 satisfied customers
Jumbolair Estates pushed a tree limb down and through our

Jumbolair Estates pushed a tree limb down and through our back fence, endangering our animals, destroying our fence and say that since the tree is on a easement from our property they are not responsible for the damage. They pushed the tree limb down with a bulldozer and through the fence instead of calling a tree trimming service to remove the portion of the tree on their property. Are we actually responsible?

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Loren

Juris Doctor

 
34,582 satisfied customers
Purchased home from nton Mortgage thru Banner Bank Sept 1986

Purchased home from Hinton Mortgage thru Banner Bank Sept 1986 orig loan 60,619.00 30yr 9.5% fixed rate FHA loan. Husband lost Job, got behind on payment. HUD took over loan in 1992. Made payments to Hud for aprox 4yrs. Loan was sold or given to Ocwen Federal Loan servicing 03/01/1996. Maturity date 08/01/16. Rec'd Balloon Letter in March of this yr. saying payment due in full on maturity will not accepts payment after that time. Requested pay off quote they are saying we still owe $44K. Loan amount turned over to Owen looks like $60,619.00 the total amount of the Loan??. 20 yrs later I owe $44K, where is the credit for the 10yrs of payment made prior to Ocwen (between Hinton Mortgage and HUD). If the balance turned over was incorrect, the application of principal and interest incorrect for 20 yrs is also incorrect. Rec'd amortization schedule from Ocwen in 1996. They are not following their own schedule. I have copy of Deed and Trust between HUD and Ocwen, I have paper work from Hinton Mortgage, I have an annual tax-loan/Escrow statement from HUD dated 01/07/92 -12/3192 showing I paid $7,217.33 in interest nd $1,142.15 in tax. I am current on my loan payments. I look forward to paying off loan, but we do no owe $44K. A few yrs ago Ocwen said we were current on our principal and no longer needed to be on their Forbearance plan. They adjusted my payment from $735.00 a month to 705.00. When asked if he adjustment was enough to pay off loan at maturity, they said it would pay every thing except arrearage in the amount of aprox $9K (owe less than now) . I feel Ocwen is trying to steal our home by saying we owe $44K. I have not rec'd statements from Ocwen in yrs, although requested never rec'd. I do have payment history from Ocwen dating back to 03/01/96 - 06/15/96, it is not a running total and the report is hard to read. Can you firm help me?JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: Dallas TXJA: Have you talked to a lawyer yet?Customer: Most represent Ocwen. Some feel because my house is not in foreclosure, the case is light. And others are way out of our price rangeJA: Anything else you think the lawyer should know?Customer: We filed Bankruptcy about 5 or six years ago included Ocwen, but continued to make our mortgage payment. Ocwen said the Bankruptcy has been dischargedJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.

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3,740 satisfied customers
I have just been assessed a fee replacement upon move-out.

I have just been assessed a fee for carpet replacement upon move-out. The carpet was undeniably damaged due to a cooking accident and needed replacement. I do not deny that we were at fault. However, as I understand it the landlord would have been required to replace the carpet due to oregon law regardless of damage due to the fact that it was more than 7 years old(I am told). Is it possible to fight this charge? If it is possible the next big question: is it worth fighting an $800 fee?

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Roger

Litigation Attorney

Doctoral Degree

 
32,798 satisfied customers
I have lived in a condo years. My neighbor has serious

I have lived in a condo for 10 years. My neighbor has serious mental issues and his unit is foul smelling sewer stink. He leaves trash all over the place and feeds the wildlife. So now the building has mice. Me and the other owners have complained for years. Nothing is ever done. The association says they send him letters. That's it. We are all sick of it. Is there anything I can do?

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J. Warren

Attorney

Doctoral Degree

 
3,858 satisfied customers
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