Join the 9 million people who found a smarter way to get Expert help
Recent real estate law questions
Conditional Non Compliance Approval process - neighbor
Conditional Non Compliance Approval process - neighbor uncooperative (lack of funds.) City of Los Gatos (Northern California) Violation of State Subdivision Map Act. (Orginally 2 lots, illegally split to 3 lots sometime before 1984) We are trying to purchase on of the divided lots. Trying to figure out best/worst case. Will call City of Los Gatos on Monday. The 'illegally' divided properties today each have a valid tax Tarcel i.d. # (separate tax parcel i.d., map measurements) and they each have a house built on them from around 1949.) The notice of violation was recorded May 1, 1984. Divided properties have been each sold at least once (and financed by a bank.) The one we are trying to purchase sold once (then became a bank foreclosure that a REIT bought) - now the REIT is selling and cannot offer us a clear title (REIT selling property-unable to get the neighbor (the neighbor was also the one that was foreclosed upon with this property because he paid too much for it) to cooperate with necessary division paperwork for the Conditional Non Compliance Approval process, neighbor will not be able to sell their house, cooperating is probably a money issue and resolving this will require having to maybe follow the original Subdivision Map Act Rules/Process, providing maps, surveys, engineering reports, etc. and adhering to City setback, and all the rules of a Conditional Non Compliance Approval process.From 1984 Notice "Provisions of government code section 66499.36 real property in Town of Los Gatos has been divided from a larger parcel in violation of the state subdivision map act of Los Gatos zoning ordinance. This notice of violation does not prohibit the sale transfer exchange of the former single parcel, described as one parcel."Should we buy this property and hang on to it for many years with the expectation that the neighbor will have to come around and resolve this some day - as they can't sell their property without resolving this? Or, what can we ask the REIT that is selling this to offer as a guarantee? It is at a very low price as is. Thank you!
Attorney At Law
Doctor of Law w/ highest honors
Where does the name of a non-purchasing spouse go in
where does the name of a non-purchasing spouse go in documents to acquire real property to be used as a residenceJA: OK. The Real Estate Lawyer will need to help you with this.Customer: and how is that done?JA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: hmm, I'm a veteran getting a VA loan and I applied for the loan myself and it has been approved on the basis of my income and credit score alone. My wife has no income and no assetsJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
I have a mortgage owner financed that I am carrying, the
I have a mortgage owner financed that I am carrying, the mortgage that I issued wrapped around an underlying mortgage that did not have a due on sale clause. The owner of the property has made his payments, however there is a homeowners association and the association has now and informed me that the owner is in arrears nine months to the tune of $1500 and they have exercise their right to foreclose in order to get the $1500. In this scenario, should I go ahead and do the foreclosure myself or simply allow the homeowners association to incur the expense… Would I not be paid from the proceeds of the sale since I am a essentially the first place lienholder at this
Counselor at Law
Can a spouse transfer her 50% ownership of a property to her
Can a spouse transfer her 50% ownership of a property to her child without the husband signing title? According to CA Civil Code 683.2 ; it's my understanding that the spouses 50% is community property and she may transfer it to whom ever she pleases. The house is in the county of Orange in California.I'm being informed by someone that only 50% of property is community property; as such, only 25% can be transferred as community property. Is this true?
We inherited a property when both my parents died in mid
we inherited a property when both my parents died in mid November of 2015 , the closing was Friday and all 10 heris signed off , when the buyers attorney went to register the deed he stopped because of a tax lien that I had , I want to know if I can renounce my inheritance of the property so the deal can go through , I was told it has to be done in 90 days after my parents died but the general statute seems to say 9 months
My home was sold at a foreclosure auction on Mon 7/13/16
My home was sold at a foreclosure auction on Mon 7/13/16 here in CA. The payoff amount given by the mortgage company was $141,696.48 and the (cash) buyer paid $177,300.00. I was told by the buyer and a real estate agent that the mortgage co has 21 days (I can only assume "business days" to pay me the difference of $35,603.52 that I am entitled to. When I called the mortgage co they told me they had no idea what I was talking about and referred me to a dept that can only be communicated with by fax or USPS mail. I have no idea what I need to do or how to go about obtaining the funds that I am owed.JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?Customer: As I had mentioned it was in CA, unfortunately I am not sure what kind of paperwork you are referring to.JA: Have you talked to a lawyer yet?Customer: No, that's why I posed the question here because I wasn't sure what to do, and if that is the best option.JA: Anything else you think the lawyer should know?Customer: That's basically all there is to it.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Me and my Fiancee purchased a beach house 3 years ago whereView more real estate law questions
Me and my Fiancee purchased a beach house 3 years ago where I paid the down payment, payed all the mortgages, sold my original house and paid off the home. Now since we are separating, she is looking to get a Market value of the home and try and make me pay half of the worth in a buy out, is this legally possible?