Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Inherited property with other siblings. I want to get

Customer Question
mortgage in my name to...
Inherited property with other siblings. I want to get mortgage in my name to make repairs on property after renting. What steps should I take?
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
1/25/2016
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,638
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

Are your siblings willing to sell their interests to you?

.

Or are they willing to agree to pledge the property as collateral for any mortgage loan?

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
They will sign over property to me without buyout. I want to put home in my name to get home equity loan for repairs and upgrade of property.
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago

Ok, then if the property has already been transferred out of the estate to you and siblings, then they would all need to sign a quitclaim deed from them as the grantors over to you as the grantee transferring their ownership interest to you.

.

Once that quitclaim deed was recorded, (they can all be on one deed), you would then be the legal owner of the entire property and can go to your local lender and begin the process of applying for an equity or home improvement loan on the property so you can make repairs.

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
How do we transfer property. There was no will.
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago

Ok, then if the estate hasn't been settled yet, then you have to take a few steps back...

.'

Someone will have to file a probate case to settle the deceased's estate and be appointed Administrator by a local probate court judge. That person will then have the power to gather all assets, pay any debts and taxes for the deceased and the estate, and then distribute the remaining assets to the heirs at law.

.

Real estate is transferred from an estate to the heirs by the Administrator having an estate deed prepared by a local attorney.

.

Then once the real estate is on the heirs' names, they would execute a quitclaim deed over to you..

.

So the property will have to go through probate first before it can eventually be transferred to you.

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
I live in new Mexico. The property is in Indiana. Do I need an attorney in Indiana.
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago

Yes, each state has exclusive jurisdiction over any real estate within its boundaries. So a NM attorney can't practice in IN and a probate case will have to be filed in IN since that is where the land is located.

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
thank you
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago

You are very welcome. Glad to help any time..

.

If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

.

.

thanks much

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
Will do
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago

Thanks much.

.

.

Barrister

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,638
41,638 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

41,638 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Are real estate investors allowed to contact list pendens
Are real estate investors allowed to contact list pendens recipients? If not, who is? Is there any legal way to conduct a purchase of the property without breaking any contact law? … read more
Barrister
Barrister
Lawyer
41,638 satisfied customers
A landlord signed the attached agreement with a real estate
A landlord signed the attached agreement with a real estate to rent a few apartments. The landlord has his own listing on streeteasy that state by owner no fee. a secondary real estate contacted the o… read more
Lori
Lori
Juris Doctor
1,343 satisfied customers
I think a person failed to be honest in a real estate
I think a person failed to be honest in a real estate situation … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can an attorney in local govenemnt sponsor real estate
Can an attorney in local govenemnt sponsor real estate agents as if he was a real estate broker? … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,587 satisfied customers
Real estate mortgages, I got a mortgage with an adj rate its
real estate mortgages , I got a mortgage with an adj rate its the 1 year libor plus 2.25 percent, is this ok or would the treasury index been better ?… read more
Lori
Lori
Juris Doctor
1,343 satisfied customers
As real estate question. 1988 divorce, deed to be held as
As real estate question. 1988 divorce, deed to be held as tenants in common, husband awarded use and occupancy, while wife is required to pay 50% of all repairs and maintenance. When youngest chums ti… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,587 satisfied customers
Real Estate What are the odds that a home sells better if it
Real Estate What are the odds that a home sells better if it is empty except for a few staged items ...like a picture or 2 and some bathroom towels? What else would you suggest?… read more
Michael
Michael
Research Librarian
Bachelor\u0027s Degree
117 satisfied customers
If i obtain a home equity loan then i cannot pay but the
if i obtain a home equity loan then i cannot pay but the sale of the home covers the "foreclosure" will there be repercussions for me? … read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,517 satisfied customers
In a transaction involving a "gift of real estate" there is
In a transaction involving a "gift of real estate" there is no consideration (it's a gift). If the gift deed is recorded is it protected from third party claims or can it be challenged because there w… read more
Barrister
Barrister
Lawyer
41,638 satisfied customers
Real estate Question Can you define “wholesale real estate”
Real estate Question Can you define “wholesale real estate” & “Bandit”sign? Also, are bandit signs legal in Michigan?… read more
LegalGems
LegalGems
Juris Doctorate
11,965 satisfied customers
Need a real estate lawyer in city. I signed a real estate
I signed a real estate contract without my thinking through but would like to cancel the contract. what can I do without getting sued? … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Is an Agreement for the Sale of Commercial Real Estate
Is an Agreement for the Sale of Commercial Real Estate binding if only the Husband signs the Agreement although both the husband and wife are on the deed for the property … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Is there a real estate loan for business where the borrower
Is there a real estate loan for business where the borrower pays monthly for several years and then closes the loan with a large balloon payment?… read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,517 satisfied customers
Does a real estate investment fund need a real estate
Does a real estate investment fund need a real estate license to operate? The crowd funding company's real estate broker license was suspended since 11/11/2017 due to several violations that was broug… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My wife and I closed on our 1st mortgage and home equity
My wife and I closed on our 1st mortgage and home equity loan in November, 2017. We had an existing mortgage with Wells Fargo and switched it over to our bank, PNC. They had their appraiser come out t… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,858 satisfied customers
I have a real estate question. I inherited a mortgaged home
I have a real estate question. I inherited a mortgaged home in the state of Florida. Probate has already taken place and the deed is in my name. Queston is will the mortgage company give me a hard tim… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I own a commercial real estate mortgage co. I operate under
Hello, I own a commercial real estate mortgage co. I operate under a California Finance Lender's License (CFLL). I would appreciate it if you can tell me if it is legal to pay someone a referral fee o… read more
KLAW
KLAW
Juris Doctorate
2,110 satisfied customers
I currently hold a Real Estate License and Mortgage License
I currently hold a Real Estate License and Mortgage License in the state of Colorado. I am being told that I am a risk to hire from a local Real Estate Office because hold both. I do not double side a… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x