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I am in the middle of doing a deed in lieu my parents past

I am in the middle of doing a deed in lieu my parents past and there was a mortgage sadly we did not act fast enough to get the probate going, I am working on that now I have been officially assigned by the probate court. Just need to complete the process. I was originally told by the banks lawyer I just needed to be assigned and we could complete the deed in lieu. Now on Monday I was told I have to complete the probate and have 30 days to make it happen. Is there anything I can do to have this extended?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: Oops Albuquerque New Mexico, we totally know we should of moved faster we could of put the house up for sale but now it is too late, the house is old needs work we just do not have the funds to keep the house.JA: Has any paperwork been filed?Customer: Yes I have been officially assigned by probate court, I will be going today to get the rest of the probate filed.JA: Anything else you want the lawyer to know before I connect you?Customer: This is all I can think of now..

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626 satisfied customers
In the midst of a contentious divorce, through ineffective

In the midst of a contentious divorce, through ineffective legal representation, the marital house is on the verge of foreclosure and neither party has the money to bring the mortgage current. Weirdly, the husband's name alone is on the mortgage.... while the spouse's name alone is on the title. Failure to agree on how to prepare and take the house to market has led to court order to sell the house ASAP to avoid the loss to foreclosure. My understanding is that California community property law protects the husband's rights to half the proceeds from the sale. However, through other poor representation spouse has been awarded full decision making on listing the property, accepting offers, and finalizing the sale. In its "as is" condition with many needed repairs, the property will possibly cover the payoff of the loan, but NOT the rest of the debts that are owed against it. There is a huge amount of "cleanup".... removing many vehicles, as well as truckloads of scrap, etc... that neither party has the time to oversee or money to pay for. One suggestion has been offered that the husband should present a "voluntary foreclosure" to the lender.... that would immediately render the authority of the existing title null and void... returning it to the "rightful owner".... the lender. The language of the last two court orders includes prohibitions against creating any new liens, or recording any new documents that would hinder or prevent the sale of the property... Would this "voluntary foreclosure" be in violation of the court's order or intention? Husband's primary concern is removing personal property that has been stored in one room of the house...80% family heirlooms and separate property of the husband. My understanding is that the bank would take control of the property immediately... change the locks and then negotiate arrangements for the personal property to be retrieved.... What am I not considering in this scenario?p.s. Given the 30 day pressure that has been applied for spouse to accept an offer and sell the house... there is some chance that it would be a "short sale".Please discuss pros and cons.... or perhaps suggest a better solution to just "being done with it"

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Asad Rahman

Attorney

J.D.

4,690 satisfied customers
MY HUSBAND DIED 11/21/2016 AND ON THE MORTGAGE BUT THE DEED

MY HUSBAND DIED 11/21/2016 AND I AM NOT ON THE MORTGAGE BUT I AM ON THE DEED TO OUR HOME. I CAN NOT AFFORD TO MAKE THE MORTGAGE PAYMENTS. DO I TRY TO SELL THE PROPERT IS UNDER WATER FOR THE AREA OR DO I DO A DEED IN LUE OF FORCLOSURE? I HAVE NOT MADE A PAYMENT THIS YEAR.JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?Customer: NEW JERSEY, NOJA: Has anything been filed or reported?Customer: NOT THAT I KNOW OFJA: Anything else you want the lawyer to know before I connect you?Customer: THERE ARE TWO LIENS ON THE PROPERTY THAT I KNOW OF, IRS AND 2ND MTG

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Loren

Juris Doctor

43,682 satisfied customers
In regards to my last question: We have been honest with

In regards ***** ***** last question :We have been honest with full disclosure the whole time with our agent and title company. Should I get a copy of the inspection form so if there was something on there they did not ask for us to fix i will know they already knew about it? We did not have hardly anything to repair after inspection but I just don't want them to ask for stuff later. I have a right to the inspection form right?I am a first time seller in a hot real estate market where people are desperate for houses so I want to be as careful as possible

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LawTalk

Attorney at Law

Juris Doctor

37,188 satisfied customers
We are closing on our house tomorrow as we sold it. We made

We are closing on our house tomorrow as we sold it. We made it through all inspections and appraisals with flying colors. The people paid over asking price and it is a very clean offer. We are in a very hot market right now as there is no inventory. The buyers have already scheduled their movers and put deposits down and are VERY eager to get moved in.So, they are doing the final walk through before we move out as they moved up their closing date and even scheduled movers before we even did. Anyway this past Friday a huge electrical surge from a lightning storm hit our house and fried the fan motor engine on our downstairs HVAC. We had it fixed by the best and most expensive mechanic in town so they could get it done in time. We have tested all other outlets and things in our house and nothing else seems to be fried or damaged.They wire us the money for the house by the end of the day tomorrow. Then we move out over the weekend.Legally it will be their house when we are moving out so I am worried if any damage happens they may come back and try to get us to pay for it. My issue also is we moved up the close date and jumped through hoops to make sure we could move out faster for them so it is THEIR choice to do it in this order.So my questions are: should I just take a check instead of a wire so it gives it two days to clear so the house is not fully " theirs" yet while we are moving out ( we hired professional movers but anyone can nick a wall or something ). ? Or should I just take the wire? I guess he paperwork during their closing will make it theirs anyway or not till we have the money in our account? We gave full discloser about the storms causing our A/c unit to go out the day it happened via email to our agent but could they come back later and claim something if they found some other issue from that lightening storm?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

53,282 satisfied customers
I have a house my son n I r on the mtg I thought the deed

I have a house my son n I r on the mtg I thought the deed was in my name. He is telling me different. I spoke to real estate agent that looked it up n she said it was in my name.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: He wants to sell n bring me to courtJA: Has anything been filed or reported?Customer: New yorkJA: Anything else you want the lawyer to know before I connect you?Customer: Well he said he can sue me

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

53,282 satisfied customers
My friend bought a house over a year ago. It's appraised at

my friend bought a house over a year ago. It's appraised at $150,000. She owes about $98,000 on it. Her boyfriend moved out and she lost her job. Shes about 3 months late on the payments. Rather than being forclosed I'm going to make the house current and pay the monthly payments. She's going to move out and I'm going to redo and update the house and then put it up for sale and flip it. What contract or paperwork should be drawn up to protect me ad shows I own 100% of the house and when I sell it she gets zero from the profits. She is a good friend but I still want everything to be on paper and done the right way.

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P. Simmons

Attorney

Doctoral Degree

38,080 satisfied customers
Almost similar question- in NY state rented a house for a

Almost similar question- in NY staterented a house for a year- contract stated no dogsdog was later accepted by landlord- who said as long as take care of damages-after one year- scratches on the floor by dog.There were preexisting scratheces on the floor by other renters (who had dogs) and most significantly- the floors were covered with rugs- prior to our move and the rugs created significant discoloration (UV) which requires complete resanding.this discoloring problem predates us and had nothing to do with us.The landlord now wants us to cover the entire cost of resanding (approx 5,000 sf- $15-20,000). This covers ares that have no scratches but the floors all connect.I have brought three sanding experst and they all say the damage from the rugs, which predates us- requires that the floor be sanded regardless of scratches.What do we owe this landlord?

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Lucy, Esq.

Juris Doctor

33,582 satisfied customers
On January 27, 2017 I sold my 3FAM investment house. The

On January 27, 2017 I sold my 3FAM investment house. The house is located on NJ State and my residence is on NY State. On closing day, my lawyer did deduct from my final check an amount of $14,200 for NJ State Capital Gain taxes and an amount of $ 63,500 as bulk escrow.After 60 days from closing day I'm still waiting for $63,500 back from bulk escrow and I have a strong frustration feeling because of this unusual big delay.I wish to know who is keeping this money and which are the legal regulations related to this Bulk Escrow. Will the money be returned automatically to my lawyer? Whose responsibility is to ask money back: mine's or my lawyer's?Basically, I want to know which the legal ways are for me to get back this big amount of money ASAP.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

116,668 satisfied customers
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