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C Rose again in regards to splitting the 2 houses and no…

Customer Question
Hi, this is Theresa C...
Hi, this is Theresa C Rose again in regards ***** ***** the 2 houses and no written agreement yet, (and not in my name)
Hi much would you charge to write this document, then we can sign and notarize, I just want to make sure its worded correctly
Thank you,
Theresa
Submitted: 8 months ago.Category: Legal
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Answered in 34 minutes by:
11/19/2017
Lawyer: DrakeLAW, Lawyer replied 8 months ago
DrakeLAW
DrakeLAW, Lawyer
Category: Legal
Satisfied Customers: 1,038
Experience: Attorney
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Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

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Lawyer: DrakeLAW, Lawyer replied 8 months ago

Please give me some time to get back to you, my pleasure.

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Customer reply replied 8 months ago
Ok got it thanks
Lawyer: DrakeLAW, Lawyer replied 8 months ago

Hello Teresa,

Have you given any thought to having the house titled in your name or your getting a lien against the property to best protect you? The answer to that affects what needs to be done.

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Customer reply replied 8 months ago
I'm not sure witch would best protect me
Lawyer: DrakeLAW, Lawyer replied 8 months ago

The best protection is getting the property titled in your name, but I need to double-check something for your jurisdiction. You are in Minnesota right?

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Customer reply replied 8 months ago
That is correct
Lawyer: DrakeLAW, Lawyer replied 8 months ago

Alright, you are able to take title to the property subject to the mortgage. Is it a private lender or a conventional mortgage on the properties?

There are tradeoffs for each scenario. I can explain further once you answer that.

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Customer reply replied 8 months ago
I Beleve conventional through a bank. Liberty state bank st cloud mn
Customer reply replied 8 months ago
It has to protect her as well if I fail to make the payments. I pay 100 percent of mortgage now
Lawyer: DrakeLAW, Lawyer replied 8 months ago

I see, I am glad you said that. I was typing out an answer but that simplifies things.

Then I think you should do a written contract secured by a lien on the property but leaving the title in her name. That way, she cannot sell the property without your permission and take all the proceeds forcing you to chase her for your breach of contract. With the lien, she will not be able to sell without you getting what you are owed for the equity. Conversely, if you stop making payments, she will be notified as the property holder and mortgage holder and she can cure or sell the property and those terms can be written into the contract and your lien extinguished or value reduced by your breach of the contract between the two of you.

Does that make sense?

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Customer reply replied 8 months ago
it seems straight forward. What would aoprox. cost for a document like that run
Lawyer: DrakeLAW, Lawyer replied 8 months ago

Yes straightforward in principle, the devil is in the details of course and the documents need to cross-refer and contain sufficient language to protect each of you.

I suspect the cost for this with a lawyer would be $1,000 to $1,500. I encourage you to call a local attorney or two and find out.

I could draft the two documents for $500.

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Customer reply replied 8 months ago
That aounds reasonsnle. Let me run all this by her sns i eill het nacl ti you.
Thank you so much for all your help thus far
Customer reply replied 8 months ago
I'll get back to you
Lawyer: DrakeLAW, Lawyer replied 7 months ago

Ok, no problem.

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