Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

We took out a mortgage last April, the square footage is…

We took out a...

We took out a mortgage last April, the square footage is incorrect, I notified the assessor and he came out later to check on the info and them change their records, but my lender chose not to use the correct figure, told them that the records were going to be changed but they ignored that info. If they chose to foreclose they wouldn't get the whole house. that was just a FYI., question: is it ok to have incorrect info on a mortgage.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

Arizona and if we wanted the mortgage this is the way it had to be, I have screen shots of the entire conversation in case I needed to have this contract voided.

Lawyer's Assistant: Has anything been filed or reported?

Filed or reported to who?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, just need to know if this is valid or is my mortgage now non- existant

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
2/28/2018
Olivia Kent
Category: Real Estate Law
Satisfied Customers: 4,072
Experience: Executive Director at Neurogenx Nerve Center of Princeton
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.
Give me just a moment to review what you've written.

Ask Your Own Real Estate Law Question

You always want to have correct information on a legal document but you can't force them to change it. What you can do is send them a certified letter return receipt requested with the correct information and ask them to update it. If it ever becomes an issue you'll be able to show that you did what you could to get it updated.

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
Is my mortgage the way it stands a legal and binding contract or can I have them write off the mortgage because it is incorrect and they chose from the start not to correct the errors, if the shoe was on the other foot you know they would try to void the contract?

In theory you can argue that since a fundamental part of the contract is incorrect there was no "meeting of the minds".... but they won't just cancel it. You'd have to make that argument in court.

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
no to the call, already spent $59 for this

That automatically comes from the site. You can ignore that if you don't want a call :)

Ask Your Own Real Estate Law Question

Is there anything else I can answer for you?

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
Is my mortgage with it's errors legal and binding? Or can I request that the lender write it off, because if it was the other way around they would not honor it.

Whether the mortgage is legal and binding would depend upon whether the square footage error changed the fundamental terms of the loan. I'm presuming they loaned you X dollars for your property located at*****and whether*****is 4,000 sq ft or 3,400 sq ft doesn't change the fundamental terms of the contract. There is nothing to "not honor" here. They loaned money to an individual and have a reasonable expectation that this money will be paid back - not written off.

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
Money loaned is based on square foot equals market value equals how much money is available, by using a lesser square foot figure my available cash was limited. The increase in square foot increased my equity by $20,000-$27,000 by the lender using the incorrect figures even though all the docs. in, and actual measurement backed up what I was saying my equity was cut limiting my barrowing power.
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,905
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

I am an Arizona licensed Attorney and it will be my pleasure to assist you. You are 100% if the legal description and the square footage are incorrect this must be amended on your loan documents. Incorrect square footage impacts many factors, including but not limited to property taxes. Who is the lender? You mortgage is not necessarily void. It will be difficult with incorrect information for the lender to prevail in a foreclosure.

Ask Your Own Real Estate Law Question

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
Olivia, thank you for your advice, I reminded my lender of the discussion we had last year, he also has copies, but chose not to correct, so I asked them to write off my mortgage, since they could not foreclose if need be on part of a house, and they chose not to investigate my claims and it has been a year. It has now gone to the Executives for a decision, I am supposed to get one tomorrow (Friday) before 9 pm. They had all the documentation to back up my claim and when I asked them to get another appraiser they refused. You'd think when the appraiser measured the outside of the house and saw that there was a significant difference between his outside figure and what the assessor showed that he may question the missing footage- It's hard to hide almost 200 square feet , no basement and no attic, but no, no one questioned it, I asked the appraiser to use his figures-0utside numbers but he said no he had use the appraiser's figures no matter what. The lender has all this info and chose not to question it. The assessor has corrected his files as I told the lender that was. going to happen. It's too late for them to amend the mortgage and they can't claim ignorance. The mortgage seems to be invalid, their own fault. I'll let you know the outcome. I really appreciate all your help. Thanks Jan
Customer reply replied 4 months ago
Absolutely 5 stars, more like 10

My pleasure.

Are you able to see the rating scale at the top of the page on your end?

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,905
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Attyadvisor and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now

Thank you.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Attyadvisor Your Own Question
Attyadvisor
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,905
8,905 Satisfied Customers
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.

Attyadvisor 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:

Barrister

Barrister

Lawyer

11,963 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 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

4,998 satisfied customers

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

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
We own a condo purchased some years ago in Fairfield county
We own a condo purchased some years ago in Fairfield county ,Ct the area of the condo in the Appraisal ( a month before closing) states Gross living area is 1205 ft2. Listings from a few years ago ( e… read more
Lori
Lori
Juris Doctor
1,850 satisfied customers
I'm looking at online listings of apartments in Santa
I'm looking at online listings of apartments in Santa Monica, and I see one that I believe to be stating a significantly higher square footage than what I believe is the case. I looked at the LA Count… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,198 satisfied customers
The 48 year old home we purchased was advertised at 2,670
The 48 year old home we purchased was advertised at 2,670 sq. ft. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,599 satisfied customers
We are selling our house and we are under contract with a
We are selling our house and we are under contract with a buyer who after 45 days decided to pull back because after they received the appraisal report it showed that the sq ft of the house are lower … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We are under contract for the sale of a property using a 1-4
We are under contract for the sale of a property using a 1-4 TREC residential contract. The buyer made an objection to the survey citing "shortages in area" and are trying to back out of contract beca… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
Can we count the square footage of a suite which is attached
Can we count the square footage of a suite which is attached to the house but has a separate entrance to the overall house footage?… read more
Attyadvisor
Attyadvisor
Attorney
Doctoral Degree
8,905 satisfied customers
If a certificate of title is recorded in a foreclosure, is
If a certificate of title is recorded in a foreclosure, is it lawful to have the entire foreclosure reversed four months later?… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,159 satisfied customers
On or about April, 2014, I obtained a reverse mortgage from
On or about April, 2014, I obtained a reverse mortgage from “Generations Mortgage now Champion Mortgage” for my property at***** Nashua, NH, however, through the negligence on the part of their counse… read more
socrateaser
socrateaser
1,031 satisfied customers
I am selling my house and my realtor used the square footage
I am selling my house and my realtor used the square footage from the county tax records which is apparently wrong. The MLS listing from when we bought the house in 2006 shows the correct square foota… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,963 satisfied customers
We bought a house in San Francisco in June 2011. It was an
We bought a house in San Francisco in June 2011. It was an arms-length transaction - open market, listed on MLS, we didn't know the seller, not a foreclosure. The the sale price was a little cheaper t… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,963 satisfied customers
I have just recently discovered that the county record for
I have just recently discovered that the county record for my home show less square footage and 1 less bathroom. Can the county go back and assess me additional property taxes?… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My home is a 5 bedroom home. I was trying to do a refi and
My home is a 5 bedroom home. I was trying to do a refi and they send over an inspector and there telling me the 2 bedrooms and full rec room is unlivable space just because 2 sides of the home is belo… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,198 satisfied customers
I put an non-contingency offer for a house, and they accepted
I put an non-contingency offer for a house, and they accepted the offer. The contract is in escrow now. But now I found out they cheated on the square footage - they counted the finished basement in t… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
We purchased a home in 2004 in Spring Texas, 77389.
We purchased a home in 2004 in Spring Texas, 77389. Everything went as expected, and have lived in the house for 8 years. We have been in the process of refinancing to combine loans originating from t… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,176 satisfied customers
What is state law in Arizona regarding foreclosure on a house
What is state law in Arizona regarding foreclosure on a house that we owner financed the mortgage for if the people that bought the house are not making their mortgage payments either not at all or ex… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,599 satisfied customers
I have been declined for a refinancing loan for only one reason...according
I have been declined for a refinancing loan for only one reason...according to the appraiser, he couldn't give a value because there are no comps in the area. I live in Georgia, have been in my home f… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,159 satisfied customers
We are trying to sell a piece of property which at one time
We are trying to sell a piece of property which at one time had a warrant deed with vendors lien on it. In the line, there was also an exhibit a which contained a right of first refusal as well as a s… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
I own a home (its paid off in California) And I own a home
I own a home (it's paid off in California) And I own a home (have a mortgage with a second) in Phoenix. I am thinking of forclosing on the house in Arizona. Can the lender come after my paid off house… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 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