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Recent Quiet Title questions
I am buying my home on contract from my inlaws. Which one
I am buying my home on contract from my inlaws. Which one has passed away, the other is in nursing home with alzhimers. I am still making my monthly payments to my brother in law who is taking care of there finances. What should i do? It is a double wide on an acre and a half of ground on permanent foundation. I am having trouble finding someone to finance it.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: INdianaJA: Have you talked to a lawyer yet?Customer: No I was going to tomorrow.JA: Anything else you think the lawyer should know?Customer: I don't know. My wife passed away 3 years ago
My brothers neighbor has easement rights across my brothers
My brothers neighbor has easement rights across my brothers yard. Recently the neighbor has put in a drive to the west of my brothers property, but continues to drive across his yard. There are no court records of the easement (that we know of). Is this easement still valid? He is no longer land locked.
In Michigan, brother and sister jointly purchased a condo.
In Michigan, brother and sister jointly purchased a condo. Agreement was signed by both. Title only listed sister. Many years later brother found out that his name was not on the title. Can he and how can he get his name put on the title now?
I have just found out my Mother (80yo) bought a property in
I have just found out my Mother (80yo) bought a property in N. Idaho that has a neighbors shed encroaching on her property by @ 200sq ft; with a 8x40ft strip of land via a 8ft fence offset. (With the fence encroachment it's more like 520sq ft total) The shed's gotta be @ 60 years old at least and the encroachment is obvious. Mom unknowingly let the encroachment be excluded from theTitle Policy and the Survey clearly shows the property lines identify the encroachment. The neighbor is simple folk that doesn't understand Adverse Possession and hasn't claimed it; but know they alsothink they own the land under it. I want Mom to get along with her neighbors; but she could lose this land & it restricts any future sale. Is there some kind of legal document ($1/yr perpetual lease maybe?) that would protect Mom and allow the encroachment at the same time before I have to file Action to Quiet Title? btw...is that no good dirty low down RE Agent liable for this? He clearly took advantage of a Buyer that may be on the edge of dementia.
My husband bot our daughter a house, and she and her husband
my husband bot our daughter a house , and she and her husband (not married) paid all moneys and have paid the house note every month . we just signed our name cause they couldn't get the loan. now they are splitting up and we are selling house. what are our rights to property to sell and what are his rights?
I need some legal counsel form a knowledgeable and
I need some legal counsel form a knowledgeable and experienced HOA attorney.Issues (summary): Tom and/or Abby HouseOn or about 7/25/2000, were provided a signed statement from Conrad Nebeker attesting that the Selmar HOA and Declaration of Restrictions dated June 11, 1979 were no longer in effect at the time Lot 6 was purchased from Conrad Nebeker by Abby Dunn (now House).On or about 12/1/ 2014 became aware (through a Title Search) that on September 23, 2002, Wayne Bennett (Incorporator) and Dean Sorensen (Registered Agent) created and then filed with Bear Lake County (without written and notarized authorization by Lot 6 owner(s)), Indian Creek HOA and included Lot 6.Tom and Abby wish to correct this error or mistake by the HOA in the County Recorders Office and the HOA is slow and reluctant to act.JA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: Bear Lake County, IdahoJA: Has any paperwork been filed in court? And what is your ideal outcome for the situation?Customer: No legal papers have been filed. The ideal outcome is for an attorney to write a letter-head correspondence to the HOA requesting they correct the mistake in naming our property in the HOA's filing with the county...and then the HOA takes timely action to correct that error, without retaliation.JA: Anything else you want the lawyer to know before I connect you?Customer: Originally our property's water and sewer were provided by the developer who formed a now defunct HOA. The developers's family took over maintenance of the water and sewer system, charging the homeowners $100 per year for the water, plus any maintenance costs for either the water or sewer system. Wanting to get out of that, the developer's family turned maintenance of both systems over to the newly formed Indian Creek HOA, which had no CC&Rs and no documents from any homeowner agreeing to join the HOA. In 2012 the HOA pushed for CC&Rs and could not get agreement and still had no documents from home owners agreeing to membership in the HOA and adherance to CC&Rs etc. That when I and my wife became aswer that the HOA already filed HOA formation papers with the county recorder's office naming all lots and homeowners as members of the HOA. Last fall the HOA had a meeting in which we declared our position of NOT wishing to be part of the HOA but remaining "friends" of the HOA. The result were meeting minutes in which the HOA stated that we were exempt from the HOA CC&Rs but nothing has been corrected with the papers filed in the recorder's office. Those recorded papers still name our lot as part of the HOA, etc.
If, due to fraud, two different people hold title to a pieceView more real estate law questions
If , due to fraud, two different people hold title to a piece of property, one of the two has been paying the taxes for 10 years and the other is not to be found, is there a statute of limitation to when the second person can attempt to claim ownership?