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Recent Unjust Enrichment questions

If a property is bought by an unmarried couple with the

If a property is bought by an unmarried couple with the intention of it being their retirement home but now have separated, what potential issues must be considered as far as one buying the other out. The house is solely titled to the female partner but a large amount of cash was contributed by the male partner. The female wishes to retain ownership but there is conflict over the settlement price. Are there potential tax consequences? If it cannot be settled, how is a court likely to approach the matter?

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Gerald-Esquire

Juris Doctor

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I am the seller on a lease purchase and have run into issues

I am the seller on a lease purchase and have run into issues with the person purchasing and need assistance looking over the contract. We have an attorney and they have written and reviewed the contract but the buyer is starting to make claims of the contract being unfair. IS this something that can be looked over for a second opinion ?

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Ely

Counselor at Law

Juris Doctor

69,554 satisfied customers
A property I had a mortgage on was sold without paying off

A property I had a mortgage on was sold without paying off the recorded mortgage, the seller who I had given the mortgage to didn't want to pay it off for no valid reason except make more money, the buyer and new owner was very much aware of the mortgage and purchased the property with the mortgage lien on it, of course he has no title insurance but he has no intention of paying the mortgage and he knows I don't have the money or time to hire a lawyer. Because the seller and buyer conspired with one another to deprive me of money rightfully owed can I also file a lawsuit for unjust enrichment? is there any other claims or other suggestions to compel the owner to pay off the mortgage?

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LawTalk

Attorney at Law

Juris Doctor

37,886 satisfied customers
My son is renting to own a trailer. I went online and typed

My son is renting to own a trailer. I went online and typed up a "Contract for Deed" which has been in place since July 2014 when this started. It was signed by the seller and his wife, my son, and two unrelated witnesses. Now the seller is saying that it is not valid because it was not notarized. Is her correct?JA: Because laws vary from place to place, can you tell me what state the property is in?Customer: IowaJA: Has any paperwork been filed?Customer: Not not "filed", but each has a copy of the contractJA: Anything else you want the lawyer to know before I connect you?Customer: no, thank you

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legalgems

Juris Doctorate

19,058 satisfied customers
My mother sold her house to help my divorced brother keep

My mother sold her house to help my divorced brother keep his house. She paid off $220,000.00 of his mortgage so that he could refinance by himself. She moved in and has been paying utilities. He is trying to force her to move out without paying any money back to her. He says it was a gift. She gave it to him under the verbal agreement that she could live with him indefinitely. She has no money to buy her own house and he is causing her an enormous amount of stress by being cruel and she wants toget away from him, but can't because he took all of her money. Can she sue him for the money?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: In New JerseyJA: Has anything been filed or reported?Customer: The money was filed as a gift to thr IRS unfortunatelyJA: Anything else you want the lawyer to know before I connect you?Customer: No

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LawTalk

Attorney at Law

Juris Doctor

37,886 satisfied customers
I live on a private road in New Jersey. There are 4 homes

I live on a private road in New Jersey. There are 4 homes total on the road. For as long as the road has been in existence, all expenses therefor have been shared equally by all 4 homeowners. One of the homeowners recently got into a dispute with another of the homeowners. Now he is refusing to pay for any expenses for the road beyond his property (he is the first home on the road). The road is in desperate need of repair, and he is trying to avoid his share of the cost to repair. Any ideas on what we should doz?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: New JerseyJA: Has any paperwork been filed?Customer: Do you mean as in a lawsuit?JA: Anything else you want the lawyer to know before I connect you?Customer: no

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Gerald-Esquire

Juris Doctor

7,428 satisfied customers
I'm not sure whether this would be considered Real Estate

Hello ... I'm not sure whether this would be considered Real Estate Law or Contract Law ... We have/had been working with a contractor in a home renovation project. We know he is in breach of contract based upon ATCP regulations. What was supposed to have been a 3 to 4 month project has extended to over 9 months. He has met substantial completion ... and then pretty much bailed before reaching absolute completion. We have received numerous "final invoices" where the number keeps changing. He agreed to not charge interest, and, now he is ... though the time extension in getting paid the rest of what he is owed has been b/c of his mistakes with invoices, etc. When my husband and I have reviewed each "final invoice" he has sent, we have found math errors, and draws w/o the proper invoices... We never received notice of delay, based upon ATCP 110.027. The GC was not on site at times when he should have been... the majority of the bigger projects have had to be re-done (ie: We chose a floating bamboo floor. He has never installed a floor like this. He never disclosed that. He, by admittance, did not read the directions provided by the company ... Our floor had to be laid three times before it was done correctly by a third party.) There has been professional negligence, harassment, malice w/o intent ... The number given to us change ... So... the question ... What kind of legal recourse do we have? We have been unable to refinance our house when rates were low b/c of his time delays in communication, getting information to us, correction wrong information ... Ethics matter to us and we have no desire to be vindictive, however, this has been a living nightmare and now we are told that he decided to charge $700/month of interest, when, delays are based upon him, and, at the onset of this project (turning a duplex into a single family home), he agreed to not charge interest, among other agreements, which he has continually broken. We are very frustrated and do not want to make legal mistakes in how we handle paying for the remainder of what is due (We took out a construction loan, received an interest free loan from the village where we live, and, knew that there would be overage, which, we would pull out in equity from the house once we finished refinancing it.) Do we have any legal recourse in this situation? Thank you so much! I do realize this has been a novella to read .... With appreciation - Lori

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Ely

Counselor at Law

Juris Doctor

69,554 satisfied customers
I have a wrongful lien that was put on my house, Los Angeles

I have a wrongful lien that was put on my houseJA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: Los Angeles CAJA: Has any paperwork been filed?Customer: Yes. My ex's attorney filed it on my house because she failed to pay him. In the settlement, I was to pay her a portion to her for her attorney fees which I did, but she never paid him.JA: Anything else you want the lawyer to know before I connect you?Customer: That sums it up basically

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Ely

Counselor at Law

Juris Doctor

69,554 satisfied customers
The co-owner that secured the private loans for improvement

The co-owner that secured the private loans for improvement did so unilaterally noting the property as collateral, repairs/improvements were made, and both enjoyed the benefits of those improvements. The sticky wicket here is that the co-owner used the property to secure the note, signing his name only to the Deed of trust. The other co-owner did not sign nor was asked to by the lender. The private loans are still unpaid and now the other co-owner wishes to file a partition action. The Prom. notes and Trust Deed are in a file and have not yet been recorded yet against the property. It the property were forced to be sold, based on earlier responses, it seems like the co-owner (debtor) would get stuck having to repay all of these outstanding bills on the property - even though both enjoyed the benefits of the private loan, only one co-owner signed, and therefore may be solely responsible to repayment from his 1/2 of the proceeds of the sale? This is sad and maybe true? But, as stated, aren't joint tenants equally responsible for expenses incurred relating to the property and would this not be unjust enrichment of the latter party that did not sign? It seems that an earlier private loan to acquire the property would be subject to this as well? Ultimately, does one go ahead and try to record these private loans against the property, even though only one signed the Deed of Trust to secure the notes or is this something that has to go directly to a civil action. One of the purposes is to encumber the title to compel the non signing co-owner to understand that one can't stick the other with expenses that were mutually beneficial.

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Ray

Lawyer

Doctoral Degree

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