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Recent Partition Suit questions

In a partition action case, the opponent side sued me and

In a partition action case, the opponent side sued me and also the bank who has the mortgage of the property. The Bank is NOT an owner of the property at all. The opponent lawyer said that 'th bank has a recorded interest in the property, maybe because the bank has a deed of trust, I calim that the bank does not have an interest in the property, because the deed of trust is not in effect, and the mortgage is paid on time. The deed of trust may kick in only if we default on the loan, which we have not done, the loan has been always paid on time and there is no issue with the loan. I requested that the opponent side will drop the loan from the lawsuit. Who is correct here?JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Has any paperwork been filed?Customer: Yes, the case is going on in Contra Costa countyJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Irwin Law

Juris Doctor JD

9,504 satisfied customers
I own minerals only(no surface) in a piece of land. The land

I own minerals only(no surface) in a piece of land. The land is under production and I have been receiving royalty payments for years . I am being sued under adverse possession in a quiet title suit. I don't contest the surface as I lost the surface many years ago in a surface only partition suit. They are claiming fee simple ownership of real property in the quiet title suit. Can they take my minerals from me?

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Loren

Juris Doctor

41,202 satisfied customers
In a forced sale by partition action how does a red tagged

In a forced sale by partition action how does a red tagged house and an un-permitted house affect the sale process? Would the "red tag" issues need to be resolved prior to sale or at least the encumbrance borne by the seller, or would that transfer to the buyer. Also if another house was built on the property, is habitable, yet un-permitted, would that house need to be permitted prior to sale or again the issue borne by seller or buyer. And finally, what are the impact of liens placed on the property by creditors, adverse parties lawyers, or others have on the sale or final accounting?

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Ray

Lawyer

Doctoral Degree

40,192 satisfied customers
I was engaged, and we bought a house together during that

I was engaged, and we bought a house together during that time. The relationship ended, but we continued on as housemates. Now he claims he's moving out immediately without discussing any of this with me. All the bills are in his name, and both our names are ***** ***** house title. I can't afford the house on my own, and I would love to sell. However, this leaves me with no place to live. What should I be doing?

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TJ, Esq.

Juris Doctor (JD)

11,622 satisfied customers
My parents died and left a shared estate of ten acres

My parents died and left a shared estate of ten acres between my brother an sister they live on property can I claim a third of the land property to build house?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: OhioJA: Has any paperwork been filed?Customer: just my name on shared deedJA: Anything else you want the lawyer to know before I connect you?Customer: I just want to know if I have the right to take my over 3 acre interests

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Ely

Counselor at Law

Juris Doctor

67,970 satisfied customers
After the filing for the Quiet Title to clear the unknown

After the filing for the Quiet Title to clear the unknown heir (unknown paternity from 1951, both mother & child now deceased), how long is the waiting period in Texas (assuming no heirs come forward) until the title is cleared? Is there some probationary period thereafter where other legal filings (such as Judicial Declaration of Heirship) should be delayed? We have learned that mineral rights may also be involved with this missing heir and that the royalty payers will require a Judicial Declaration of Heirship be sent to them. If all of the land in the estate (tenants in common) has been deeded out to the known heirs and the titles quieted on most of the properties, could this Judicial Declaration of Heirship have any effect on the property or deeds?

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Damien Bosco

Attorney

Doctoral Degree

3,750 satisfied customers
My father passed away without a will, he left his house to

my father passed away without a will, he left his house to me his son and my niece as joint-owner. i move into the house after my father death. now she wants me to pay her rent. we both own the house, but i paying the taxes and the insurance. she is suing me for rent. i am a senior with low income who do i go to for help

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Roger

Litigation Attorney

Doctoral Degree

34,584 satisfied customers
I have a few more questions. What is a partition suit and

I have a few more questions. What is a partition suit and where do I do it. Should it be done before the house is sold so she is aware of her percentage if any.?? The bank notified me today that if I have a lawyer write a letter stating that she has had nothing to do with the house since 2008, when she moved out of state. She will have to sign anything further for me to get a hardship, as I have been out of work and on short term disability since April with 4 breaks in my foot. Can you do it or can you recommend someone in the Braintree, Ma area who could do it?/ She had assured me that she let the bank know back in May that I was out on disability. According to the bank representative, they have heard nothing from her in 8 years. I hope you can help.

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Irwin Law

Juris Doctor JD

9,504 satisfied customers
What is role of trustee on quit claim deed? If there are

what is role of trustee on quit claim deed? If there are four owners, three want to sell(one is trustee) can home be sold?

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J. Warren

Attorney

Doctoral Degree

4,270 satisfied customers
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