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Recent real estate law questions
Does the arbitrator ruling in Weiss v International Village
Does the arbitrator ruling in Weiss v International Village from 2012 still stand as case law in Florida?. In there the arbitrator struck down the condo's restrictions on inquiries and official records requests as unreasonable. I am in an HOA where the board lawyer got the board to adopt the same rules that were struck down in Weiss. I am thinking of challenging our new rules and restrictions on recording with that or some other case law, if I can. I was ordered to stop recording and threatened for not getting consent. The HOA law says I can tape meetings without consent. I ask that because I see any restriction as a means of denying rights.
I called 911 one night to report that someone had stolen
I called 911 one night to report that someone had stolen $5000 cash from my "secret" stash in my apartment. I called 911 because I had good information about who took it and where they were. When the Police (Omaha) arrived, they treated me as though I were a criminal, searching with a fine-tipped comb through every shred of paper in my apartment for 2 hours. When they finished, they started to just leave. I asked the main officer, "Aren't you going to confront the person who stole it (She lived right across the hall from my apartment.), and see if you can get it back from her?" He answered me dismissively, saying, "No, she probably got rid of it by now." I told him that I called 911 specifically to retrieve it before she had a chance to do that. He answered me again dismissively, saying, "Take her to court." My question is, should I go over the officer's head, to the Chief, to report it so that someone will actually do something about it?
I recently acquired owner ship of my mothers home, I've remodeled
I recently acquired owner ship of my mothers home, I've remodeled it and have it in escrow now.Background: Mother had a reverse mortgage on the home. When she passed I obtained a home equity loan on my residence in Palm Springs, her home is in Spring Valley, a east San Diego community, and paid off the mortgage based on Short Sale terms, 95% of appraisal or approx. $300,000.00. The home was included in a family trust for which I am the only surviving Trustee. I thought I was buying the home from HUD but it seems that I was just satisfying the debt of $297,000.00. Then I actually purchased the home from the Trust. When the current escrow papers were being drawn the escrow officer had to provide information for the SFB, California State Franchise Board, form 593-c.Part II1. The property qualifies as the seller's/transferor's (or decedent's, if sold by the decedent's estate or trust) principal residence within the meaning of Internal Revenue Code (IRC) Section 121.2. The seller/transferor (or decedent, if sold by the decedent's estate or trust) last used the property as the seller's/transferor's (decedent's) principal residence within the meaning of IRC Section 121 without regard to the two-year time period.In question is the need/requirement to withhold taxes on the current sale. Durring discussions with various folks in the real estate business it occurred to us that we didn't need to take the property out of the trust, if we held it in the trust until this current selling there would be no withholding.That discussion led to a discussion reguarding returning the property to the trust via QUIT CLAIM deed process and proceeding as though there were no change of ownership before the current sale.I understand that I had an interest in the property based on the appraisal prior to the discount to the short sale price of $297,00.00, but since I bought it my interest is $297,000.00.I need to know my possible strategies to minimize the tax impact.Can you give me some guidance and opinion?
Im currently in due diligence of purchase of a 2.5 year old
Im currently in due diligence of purchase of a 2.5 year old home. On inspection of the property it has been discovered the builder did not adequately grade between homes for water drainage. Can I be found liable for damage done to the neighbors lot or home due to this run off not being up to code? This drainage issue effects my home and my down stream neighbors home.Per Inspector: Landscape grading is required to be 6 inches decline away from the structure for span of 10 feet from the base of the house. (International Residential Code) Or construction of adequate drain to prevent soil erosion.On the right side of the house (facing the house) there is no proper grade away from this structure. This results in ground water flow and condensation run off from the neighboring house causing excessive water against the foundation of the subject house with no way for the water to adequately recede. Recommend further evaluation by professional landscaper or general contractor.There is visible erosion on both sides of the house due to improper grading and missing splash block.
I applied refi Jan 6 2016 with a mortgage company. IView more real estate law questions
I applied for a refi Jan 6 2016 with a mortgage company. I have a forgivable lien (2nd) and I sent them the documents for it. It's my understanding (now) that the lien is recorded at $35k but the actual balance is $12k and forgivable @20% per year. After nearly 5 months of complying with all their demands and (here's the crux) spending $840.00 on a roof certification that they required three months into the process, they are now saying that I must either pay off the second or forgo a loan. As it doesn't make sense to pay it off I told them thanks anyway just please reimburse me for the roof certification. It is my position that I got no value from it and they should have discovered the issue with the 2nd well before they required the certification. They so far have refused. They say no loan is guaranteed until docs are signed. I'm saying they were incompetent and just want them to make me whole. Do I have a leg to stand on here in a small claims case?