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Recent Rental Property questions

Question about living in a home as a primary residence and

question about living in a home as a primary residence and then turning it into a rental...how long do i have to live in it as primary before i can rent it out without any penalties or risk to the mortgage i have...JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: OregonJA: Have you talked to a lawyer yet?Customer: no not yet......was just doing some research on line for nowJA: Anything else you think the lawyer should know?Customer: only that i am planning to rent it to a family member - not sure if who i rent it to makes any difference...

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Ely

Counselor at Law

Juris Doctor

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What can be done in this situation... My friend has his name

What can be done in this situation...My friend has his name on a deed with a rental property he used to own with his ex-wife (10 years since divorce) and he wants to have his name removed. He is listed as the contact for tax purposes and has had his tax returns garnished by the IRS because she didn't pay the tax bill on the rental property income. The property is not mentioned in their divorce decree/MSA however she has possession of a handwritten note of him giving her the property. Is there anyway for him to recover the $3k-$4k that he has already paid? If so, how?Thank you!

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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45,592 satisfied customers
Myself and 5 other students are supposed to be renting a

Myself and 5 other students are supposed to be renting a house in Indianapolis, IN starting Aug 1, 2016 thru July 2017. We have been trying to contact the landlord for awhile with little or no success as Aug 1 is quickly approaching. Last night we found out that in June 2013 the house we will be renting went into foreclosure and in Dec 2014 the courts show "amended dismissed without prejudice" with a monetary award going to the plantiff and against our landlord. Two times prior to the judgement in Dec 2014 the property went up to sherriff's sale. Also found out that she filed bankruptcy Nov. 2015. Not sure where bankruptcy stands. Landlord is supposed to call us on Friday, July 29 to set up a time to meet with her and get $4800 from us that is due Aug 1. Not sure what we should do and we have a case # ***** the above court decision if that would be helpful

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Loren

Juris Doctor

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35,470 satisfied customers
When does a 60-day notice-to-vacate start when my rental

When does a 60-day notice-to-vacate start when my rental property is sold? I was told to vacate at the date of an offer (financing was then rejected, then accepted- only 1 week ago). I have to be out in 24 days, the closing date. Fair, legal?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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45,592 satisfied customers
I have an interesting situation, the town home we rented

I have an interesting situation, the town home we rented for five years was foreclosed on and after the 90 day letter we contacted the Attorney for the bank to tell them we were the renters and we were planning to leave before the 90 days were up (July 17 was the end of the 90 days). So we signed a new lease with a new place to rent on 5-18-2016 and on June 30th we started moving our belongs over with July 2nd being the end of our move, we cleaned the town house up and transferred the utilities over to the Attorneys office for Gas and Electric on July 5th. I noticed there was a paper on the door over there on July 15th that said that the home was inspected and said to be in an empty and abandoned state and the bank would be redeeming the property soon, this paper stated that on July 13th. I received in the mail at that address (Old) a summons to court for a hearing on unlawful detainer, basically an eviction to us even though we have nothing there nor are we living or residing there or have been since July 1st. I'm wondering if I should worry since it only has my name on it but they have no other information about me or should I pursue legal advice locally so that an eviction does not show up on my record. The other thing is I have a paper trail that shows our move out process, signed lease papers, cashier checks for new place, U-Haul receipt and utility transfer paperwork, so I can prove we moved out....really lost to what to do here because I received this in the mail box and not served at all and this was on Saturday and there is a hearing next Wed.

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Gerald-Esquire

Juris Doctor

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Question about contract. I entered into an agreement with my

Question about contract. I entered into an agreement with my separated wife that in the agreement I would provide $65K back into the heloc, reduce her mortgage to me (on a rental property- i hold the mortgage), move out all in return for her to refinance the house in her name (out of mine). In the agreement she would pay me $95k out of the sale of the rental property (which sold). She says the contract is not enforceable because she was forced into signing it or I would not put the $65K into the heloc for the refinance to go through. I had every right to take out $65K loan on the heloc (house in my and wifes name) and I paid the loan back in this agreement. She say she was "forced" so what do I need or her need to prove she was forced and make the entire contract unenforceable?

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MIAMILAW1127

Partner

Juris Doctorate

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1,396 satisfied customers
My husband and I purchased a property together. Mortgage is

My husband and I purchased a property together. Mortgage is in both names. When our relationship hit a bumpy patch, he stopped paying the mortgage - without my knowledge (hid mail from me). I continued to pay for household utilities, groceries, HOA fees, insurance, etc. The home is now in foreclosure. Is there any legal action I can take against him for allowing the home to go into foreclosure.

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RealEstateAnswer

Juris Doctor

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29,062 satisfied customers
I have a prenup that states at time of separation, I get 60%

I have a prenup that states at time of separation, I get 60% of marital property. My wife moved out and I then took 60% of what was in the heloc out. She is challenging a contract saying she was forced to sign it or I would not retun the funds to allow her to refinance. I ended up in the agreement giving her the money to refi in return for getting a payment out of a rental property (whihc did sell and money is held in escrow due to this claim). What is her rights and mine towards one to take my portion of heloc funds out and for her to claim contract is enforecable cause I "forced" her?

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LawTalk

Attorney at Law

Juris Doctor

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31,652 satisfied customers
Sold a rental property and have question about proceeds

sold a rental property and have question about proceeds check. (could be account but i think it is legal issue)

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Loren

Juris Doctor

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35,470 satisfied customers
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