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Recent Homestead questions

To Eli I received an email from you after I contacted

To EliI received an email from you after I contacted management who must have alerted you.I have been a member with just answer for some time.Question:What areas of law do you practice?

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Ely

Counselor at Law

Juris Doctor

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I have a final judgement that does not appear on my credit

I have a final judgement that does not appear on my credit report, but does show up in county records. It is not on the home I own, but want to sell. Will it be discovered during the sale and need to be satisfied? The home is homesteaded, but the judgement was filed before the purchase of the home.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,090 satisfied customers
Under the same Utah code section you cited letter d) says;

Doug,Under the same Utah code section you cited letter d) says; (d) consensual liens obtained on debts created by mutual contract.Does this change your view on my previous question?

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LawTalk

Attorney at Law

Juris Doctor

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Now that I have the answers to the previous questions can

Doug, Now that I have the answers to the previous questions can you help me with the following scenario?In Utah a homestead exemption does not interfere with a contractual debt such as a mortgage from foreclosing without regard to the homestead exemption. In my case, I have a third mortgage which sits in a junior position to a first mortgage, second mortgage, and a judgement lien. Taken together the first, second and judgement lien add up to twice the value of the home. If the third mortgage exercises the power of sale would a bid greater than the first, second and homestead exemption be required in order to comply with Utah code stating that, “Property that includes a homestead may not be sold at execution if there is no bid which exceeds the amount of the declared homestead exemption.”

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LawTalk

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Juris Doctor

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We have just ended a 4 year rental of a house in MD. We made

We have just ended a 4 year rental of a house in MD. We made a 6k deposit and was paying $3,100 per month. When we moved out we left it broom clean as it was stated in our lease. We left no trash or debris of any kind, vacuumed all the rooms and had the family room professionally cleaned and wiped down counters. The landlord came to us and said we had to have the entire house professionally cleaned because the owners were returning and wanted to stay there for a while. We pointed out to the landlord that the lease states the house should be returned "broom clean" and that was what we had done. Landlord said because we didn't clean the toilets and the oven and have all the carpet cleaned which is only upstairs that she was going to deduct it from our deposit. She also pointed out that the grass wasn't cut but we moved out on 9/2 and the grass was cut that very weekend but landlord did not come to inspect the property until 9/12. We offered to pay $200 toward the cost of cleaning the toilets stove and fridge but she is insisting that we pay full cost for professional cleaning and leaving no expense toward landlord or owners. We have been excellent tenants for 4 years! Rent never late and when owners and landlord visited the property they always complimented us on how well we maintained the house. Never any complaints. Owners and landlord were just at the house in July and asked if we wanted to extend the lease another year. Now they want to make us pay all costs to do what is expected of a landlord. Not willing to pay any part of general cleaning. Absolutely no damage done to the house not even a smudge on the walls. When owners came in July they thought we had painted the house, that's how well kept it was. We had the grass cut every 2 weeks even paid $400 this spring for mulch and hedge trimming. Are we right in refusing to pay full cost for cleaning entire house professionally ?

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Richard

Owner

Doctoral Degree

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I will give you a shortened version of my problem. My

I will give you a shortened version of my problem. My husband took off leaving me behind in bills in 2111. Our divorce was final in October of 2114. In the decree the Judge gave me the house and the mortgage responsibility. My x signed a title deed which I filed in Lexington. For five Years the mortgage company has refused to talk to me because I was not approved by my x to talk to them and the mortgage is in his name only. The original company has turned the mortgage over to a mortgage servicing servicing company three times since it was financed. The new company took over this past January. I received and so did the old company the first tax bill in my name in November of 2115. I right away called the state followed by the mortgage company because the tax bill was $640.00 higher than normal. It was an error by the state. I submitted to the state the required paperwork to correct the tax bill. I also submitted a homestead application which they also approved Bot***** *****ne is I have no taxes. In april the mortgage company refigured the escrow and then raised the mortgage payment up an additional $179.00 to cover the incorrect tax bill. Three weeks ago I finally got all the paperwork together and sent them a copy of the divorce papers, the registered title deed, a copy of the original tax bill,a corrected tax bill, and the homestead papers with the approval. Yesterday I received a letter from them asking for more papers for loss mitigation which is not what I wanted. The letter was addressed to my x but I recognized it from the mortgage company as they somehow over time changed the spelling of the last name. I also submitted that in the packet I sent with proof. I have talked to them numerous times since June concerning the mortgage payment raise. I called them yesterday to tell them I was not asking for Loss mitigation I wanted them to correct there mistakes. I was told that no matter what I submitted it does not matter as They will no longer talk to me that everything I sent does not affect the mortgage. I was told that any extra escrow after two more years would be sent in a check to my x which I cannot cash. I have not been able to get a loan in my name as my credit is in the basement because of the divorce and being hospitalized and in rehab twice for six months each in the last three years. I am disabled and in a wheel chair since 1999 and am on a very low fixed income. I cannot handle the raise in payment. I am also in the long term care program and on Medicaid. What do I do now...I have been sending the old payment and one time sent what they asked for. They have been holding the payments and not applying anything to the loan until the next payment comes in. I have had five years of nightmare and frustration. Is there anyway thru this terrible mess please, Kathy Kepler

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

107,984 satisfied customers
My father has held title to his residence in Colorado since

My father has held title to his residence in Colorado since 1975. He married in 1987 and title to his home remained the same. He and his wife have filed jointly since their marriage. They are on contract to sell their home for $475,000 and he purchased it for $25,000. Although title to the house is solely in his name, research suggests that they each qualify for the $250,000 exemption. Is my understanding correct?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,090 satisfied customers
I own a piece of real estate that has been a rental property

I own a piece of real estate that has been a rental property of mine for approx. 23 years. I would like to gift this home to my daughter before I die. What are the tax implications to me and my daughter, if I deed it to her? My basis is very low on this property. Does the depreciation I have taken , over these 23 years, need to be re-captured somehow?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,090 satisfied customers
I live in NC. Me and my husband are selling the house he

I live in NC. Me and my husband are selling the house he bought 3 months before we got married 2 years ago. This house and mortgage is in his name but I spent lots of my money for upgrades. Can he sell the house whiteout my signature? Can I request separate check at closing?

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Loren

Juris Doctor

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