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I would like to have Tina answer my legal question on Real…

I would like to...

I would like to have Tina answer my legal question on Real Estate. I started paying for this property in NM in 10 2016, I have been paying each month, the problem is that the owner (who is a friend) has not signed the contract. We have emailed the contract back and forth, once it was finalised I got it notorized here and sent it to her in 12 2017 she has not signed it nor sent it back so that I can get it on record here De Baca County NM 88119. what do i need to do?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

NM

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

I went to the county clerk and we filed a mortgage deed in 11 2017

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

Ii dont think so

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Answered in 21 minutes by:
3/8/2018
Wendy
Wendy, Moderator
Category: Real Estate Law
Satisfied Customers: 1
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My name is ***** ***** I am a moderator for this website. Unfortunately, the Expert you requested is unavailable to assist with your Legal question. I have opened your question to all the professionals for this topic and marked it high priority.
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Olivia Kent
Category: Real Estate Law
Satisfied Customers: 5,280
Experience: Executive Director at Neurogenx Nerve Center of Princeton
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. 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 site - but if you do want a phone call I’d be happy to do that as well.
Give me just a moment to review what you've written.

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Is there *any* formal legal writing of any kind indicating that you own the home or will own the home - or otherwise detailing your relationship and where the money is going?

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Customer reply replied 6 months ago
No there is nothing in formal legal writing, the only thing that I have is text communications.
Customer reply replied 6 months ago
We have been friends since kids, she begged me to buy the place and get her out from under it. I have spent over 13K on the elec, plumbing and issues with the EPA.
Customer reply replied 6 months ago
Sorry, I also have a contractor coming in to fix the bathroom. It is a gov. program where they fix the bathroom as ADA compliant.

Oh my gosh, ok. That's not good. You either need to get something IN WRITING stating that you own the home - or some other such legal arrangement - or you're going to need to sue her for your rights b/c if you don't have anything in writing you legally do not own the home. PLEASE do not spend any more money fixing the place because you're liable to get none of it back if you continue. Please tell me if you understand what I wrote - it's really important that you understand.

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Customer reply replied 6 months ago
Thank you ...I do understand...what can I see her for ??breach of contract or ?? Not sure how to fix this at this point
Well, since you technically don’t have a contract you could try to sue her for breach of an oral contract. And you can ask for something called “specific performance“ were someone does what they promised to do in the first place. Or you can sue for the return of your money. But I wouldn’t lay out a cent until you know where you stand. I try not to assume that people are trying to take advantage… But all signs really are pointing in that direction in the case of your friend So you need to protect yourself.
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Customer reply replied 6 months ago
Thank you very much,I appreciate you assistance ..

It's my pleasure! If you wouldn't mind could you please take a moment to submit a rating. It DOES NOT cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively. 5 STARS is always appreciated! If you have follow up questions I'd be happy to answer them as well. You can still ask follow up questions after rating. There may be some lag in my response time if you follow up with additional questions. It just means I'm working with someone else but I will ALWAYS come back an answer your questions when I'm done.

Olivia Kent
Category: Real Estate Law
Satisfied Customers: 5,280
Experience: Executive Director at Neurogenx Nerve Center of Princeton
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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.

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