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Recent Homestead questions

I own a condo in Clearwater Fla. for a time, I want to sell,

I own a condo in Clearwater Fla. for a long time, I want to sell, wife disagrees, threatens not to go sign (if Necessary) do I need her signature to effect a sale?

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Loren

Juris Doctor

40,346 satisfied customers
In AZ, we have a community property with survivorship rights

In AZ, we have a community property with survivorship rights for our house. Our paralegal wants to do a beneficiary deed instead. Which is better? The former has been notorized and recorded btw.

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Lucy, Esq.

Juris Doctor

32,016 satisfied customers
I need some clarification on homestead issues in Utah. When

I need some clarification on homestead issues in Utah. When the code says:(3)A homestead is exempt from judicial lien and from levy, execution, or forced sale except for:(a)statutory liens for property taxes and assessments on the property;(b)security interests in the property and judicial liens for debts created for the purchase price of the property;(c)judicial liens obtained on debts created by failure to provide support or maintenance for dependent children; and(d)consensual liens obtained on debts created by mutual contract.Does this mean that the homestead itself (the primary residence) is protected from lien, levy, execution and forced sale when (a) through (d) do not apply, or, does it mean that only the homestead exemption ($30,000) is protected in the event a judgement creditor forces a sale?

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J. Warren

Attorney

Doctoral Degree

4,258 satisfied customers
The Utah code on homesteads states the following: (3) A

The Utah code on homesteads states the following:(3) A homestead is exempt from judicial lien and from levy, execution, or forced sale except for:(a) statutory liens for property taxes and assessments on the property;(b) security interests in the property and judicial liens for debts created for the purchase price of the property;(c) judicial liens obtained on debts created by failure to provide support or maintenance for dependent children; and(d) consensual liens obtained on debts created by mutual contract.Does this mean that as long as (a) through (d) do not apply that the homestead in question cannot be seized and sold by a non-consensual judgement creditor?

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Attyadvisor

Doctoral Degree

7,876 satisfied customers
In Utah, if a judgement creditor is in third position on a

In Utah, if a judgement creditor is in third position on a home that has a homestead exemption, is the creditor able to sell the property at a Trustee's Sale and take title subject to the existing mortgages (1st and 2nd positions) or do they have to pay off the senior loans to take title to the property?

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Ray

Lawyer

Doctoral Degree

39,100 satisfied customers
If you buy a property at a county tax sale, can the original

If you buy a property at a county tax sale, can the original owner who has the right of redemption sign a quit claim deed over to a third party and that third party sell the property and then pay you - as the tax sale buyer - from the proceeds of that sale before the redemption period expires, and is it legal to do a real estate closing with the third party buyer (bypassing the original owner with the right of redemption) at the closing? I am the tax sale buyer and have been told that a third party had the owner sign a quit claim deed on a promise of helping her improve her credit score ( no money to her and they have sold the property, had a closing without me, and sent me a check without the original owner ever redeeming it from me.) Is this legal?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: Georgia, RomeJA: Has any paperwork been filed?Customer: The closing took place on the 29th, while I was out of state, and I was express mailed a personal check from the buyer for the amount of money I paid plus 30% mandated fee. I doubt any paper work has been filed at the court house yet, because at this point I have not yet signed the quit claim deed they are insisting I sign. I have refused to sign anything at this point, and the attorney's office has sent me an email stating that if I do not sign the email I could be in legal trouble. This doesn't sound right to me. I thought only the original owner had the right of redemption and to pay me before she could do anything with the property.JA: Anything else you want the lawyer to know before I connect you?Customer: No, thanks.

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Ray

Lawyer

Doctoral Degree

39,100 satisfied customers
My wife injured a child at our house where she had a daycare

My wife injured a child at our house where she had a daycare business. She then drove off and struck 3 people with her vehicle. Injuries included broken bones and bruises. The car is in my wife's name with a car loan in both our names. Both the house and car are insured by Farmers who denies the 5 claims stating that they were intentional acts. The claimants have not filed lawsuits. My wife is pleading not guilty by reason of temporary insanity with pre-trial scheduled Feb 13, 2017.I own 7 houses. One is a homestead. Some are in my Subchapter S Corporation,s name. Some were purchased before my marriage. All, except one have mortgages cosigned by my wife. My question is that if the injured parties don't receive settlement of their claims from Farmers, if my houses could be used to settle the claims. If not, which houses are safe from the claims. Also my wife is willing to a divorce before trial with me keeping all the houses.

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Loren

Juris Doctor

40,346 satisfied customers
My daddy sold one of his homes - his homestead what all is

My daddy sold one of his homes - his homestead what all is the title co going to seek as for as public records that my dad may owe with his equity he over 70 but has not taking s s benefits just medicaid he is free and clear of debt.So what will the title co search for on him so I can prepare him . He has not filed his personal taxes since 2014 .Carlos

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Ray

Lawyer

Doctoral Degree

39,100 satisfied customers
How does a final judgment affect homestead property in

How does a final judgment affect homestead property in florida?JA: Has any paperwork been filed?Customer: No, but they are threatening to do so in the next 30 days.JA: Anything else you want the lawyer to know before I connect you?Customer: No, thank you

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RealEstateAnswer

Juris Doctor

33,152 satisfied customers
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