Sunday, April 29, 2018

Real estate lawyer questions & law ideas



Property owner has issued a civil notice to move in 60 days, then 3 day pay or quit for rent owed, but have reciepts.

My family and I've occupied a 5th wheel trailor on a common (w/ owner & 2 others) property for a little over 2 yrs. The owner has decided to sale the property and originally asked us to move with 60 day notice that was verbal. Afterward retracked said notice to be the ending of the current month (15 days) then again retracted to the 1st of the yr. 5 days after last notice was served a civil 60 day notice to end propensity Nov 30. 1 week later served a 3 day pay or quit for lease owed as well as breech of contract. I 've reciepts with owners signature saying rent was paid. Additionally we do not have a rental agreement due to the fact the owner has stated we're guests cash paid and not renters is for utilisties that is shared. Since the original notice we have been harrassed almost daily about when we're going, in addition to our guests, she has locked us out of common bathroom leaving us free of use, and turned off our power for money owed (but turned back on) what can we do and are we screwed w/out rental agreement?.
A: She may be processing the eviction, and you also might have a foundation to sue. More information are necessary to give a professional analysis of your problem. The best first step is an Initial Consultation with an Attorney. It's possible for you to read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice web site. I practice law in the following areas of law in CA, NY, MA, and DC: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not represent legal advice; make warranties, guarantees, or any forecasts; or create any Attorney-Client relationship.

Mortgage Refinance

I was once whoever owns the home that I’m living in right now before I transfer possession( Title) to a household member but the mortgage statement remains in my name which we’re sharing to pay off, my question to you is, do I have to return to ownership to refinance my mortgage. (the deed was recorded in public record).
A: View my reply to your identical question here. More details are necessary to supply a professional evaluation of your problem. The best first step is a First Consultation with an Attorney. It's possible for you to read more about me, my qualifications, awards, honors, testimonials, and media appearances/ publications on my law practice web site. I practice law in these areas of law in CA, NY, MA, and DC: Criminal Defense, Divorce & Child Custody & Contracts, Business , and Education Law. This answer does not constitute legal advice; make warranties, guarantees, or any predictions; or create any Attorney-Client relationship.

What can I do to save my house?

I was divorced about 8 years ago. We had a 1st and 2nd mortgage while wed. The 1st is with Bank of America along with the 2nd is with bank of the west. Subsequent to the divorce I took his name off title and my name is the only one on title. In order to save the house, I had to file chapter 13 to get rid of 2nd on the home. I made ch 13 pymts. My ex husband tried to get a ch 13 but for some reason couldn't. The lending company sounds like they're threatening to foreclose on the house and is sending letters to gather on the 2nd. The interest keeps piling up on the 2nd. What can I do to save my home?.
A: When the title changed to your single name did you refinance the mortgage? In case your husband's name continues to be on the mortgage with the 2nd bank, if not, that may be the issue. They might be attempting to collect the loan from him and utilizing the house as security. More details are necessary to give a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can also read more about me, my credentials, awards, honours, testimonials, and media appearances/ publications on my law practice site. I practice law in the following areas of law in CA, NY, MA, and DC: Education Law & Contracts, Criminal Defense, Divorce & Child Custody, and Company. This answer doesn't represent legal advice; make warranties, guarantees, or any predictions; or create any Attorney-Client relationship.

Do I need construction insurance?

I own a lot in Navarre Fl and am getting prepared to begin constructing a home. The contractor has liability ins and Builder's Risk Insurance. Do I as the property owner also want liability insurance during the build? Thx.
A: Someone walking by falls and breaks a leg. They will sue perhaps the contractor but in addition the land owner (that's you). You'd need it anyhow. C'mon!

What kind of letter needs to be sent in order to notify someone of this?

My grandma was leasing to possess to my girlfriend and I at our present address. She explained this to not only my girlfriend and I, but my mom, my girlfriend's mom and my girlfriend's father. We'd not have moved into this address had we understood that it was not "rent to own". What are our rights?.
A: From the little info in your statement, it sounds like your written lease agreement (you have one, right?) doesn't comprise such a purchase option or purchase right. It might be that your only recourse would be to sue your landlord for fraud in the inducement of the lease. But it'll be tough to win this type of case. Take your documents and go see a real estate attorney in your area. Many offer free initial consultations. All the best to you personally.

Damages on commercial property. Severe damage to my building from my neighbor's trees and landscaping.

The commercial property owner neighboring the ground raising was lifted by my commercial property behind my building to give landscaping. The root systems egressed into the lower wall of our building endangering the building stucco and a tree and shrubs were put there and shoved the wall stud framing the floor plate off. Extensive structural damage to my building including water damage. Who's liable for repairs?.
A: It seems like your neighbor would be responsible. There are plenty of questions that are unanswered, and this could actually be more of a tort law dilemma than a real estate one. Have you consulted an engineer and architect about the origin of the structural damage? If it was the plants or the earth work themselves, it sounds like your neighbor is responsible, but it will be important to understand and have signs regarding the causation. Take photos, get statements from engineers or architects regarding the damage along with the reason for the damage, and get a couple of approximations for the expense of repair. Then go see legal counsel or two. All the best to you.

Is it grounds foqualification if an attorney, reserves the corporate name of a suspended HOA when his client is an owner of the HOA?

Without meaning to animate the corproration the client is being sued by their renters separately athe lawyer gores out and allows the corporate name. Then he encourages the plaintiffs to visit the IDR process based on the ruling records to solve issues instead of court but these CCRs can't be enforced as long as solicitor does not restore and holds corporate name..
A: Your question is vague and needs clarification. More details are required to give a professional analysis of your problem. The best first step is a First Consultation with an Attorney. It's possible for you to also read more about me, my qualifications, awards, honours, testimonials, and media appearances/ publications on my law practice site. I practice law in CA, NY, MA, and DC in these areas of law: Criminal Defense, Divorce & Child Custody & Contracts, Business , and Education Law. This answer doesn't constitute legal advice; make any forecasts, guarantees, or warranties; or create any Attorney-Client relationship.

Faulty grant deed issued from 2015 default tax auction -assessor will not amend- affecting my rights

He will just issue a corrective title if the newest owner requests it- property acreage in san bern co. I'm adjoining package -the missing majority of property legal descrp and my commercial operation is drastically affected by the clauses of it's. Ex, ingress & egress. New owner understands he has an incomplete title. He needs to impede my access (which ive enjoyed for 24 yrs) I want to correct this historic chain of title deed to represent correct public information- Isn't there a law about public information that assessor is violating?.
A: The appropriate method of coping with this might be to file a suit against your neighbor to allow you a right-of-access easement and to clarify the property borders. More details are required to give a professional analysis of your problem. The best first step is a First Consultation with an Attorney. It's possible for you to also read more about me, my credentials, awards, honours, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This response does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

leak in apartment ceiling. Do they have to check for mold by law?

Have had observable leak in kitchen ceiling twice in the same spot. First time maintenance man said there was no leak, merely "very poorly" patched the damaged drywall. Recent rain has caused visible damage in the exact same spot. This time they sent roofers to repair leak in roof. Nothing has been done. The drywall still hasn't been mended but, my primary concern is mold. So what can I do? What legal obligations do they have?.
A: The landlord is bound by the implied warranty of habitability and is required to maintain the home. The landlord should inspect and repair it in a timely manner, if there is signs of mould. More details are required to provide a professional analysis of your issue. The best first step is a First Consultation with an Attorney. It's possible for you to read more about me, my qualifications, awards, honours, testimonials, and media appearances/ publications on my law practice website. I practice law in these areas of law in CA, NY, MA, and DC: Education Law & Contracts, Criminal Defense, Divorce & Child Custody, and Company. This response doesn't constitute legal advice; make warranties, guarantees, or any predictions; or create any Attorney-Client relationship.

CA laws on secondhand smoke from neighbors smoking outside their home entering our bedroom windows

Can I legally request my neighbor and his renters to smoke away from our window specially past 10pm? We get secondhand smoke entering bedroom windows and our house all hours but terrible at 2am or 10pm! We live in a single fam house in Laguna niguel orange county ca.
A: You can sue for annoyance. Additional information are required to give a professional analysis of your problem. The best first step is a First Consultation with an Attorney. It's possible for you to read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice site. I practice law in the following areas of law in CA, NY, MA, and DC: Criminal Defense, Divorce & Child Custody & Contracts, Company , and Education Law. This answer does not constitute legal advice; make warranties, guarantees, or any predictions; or create any Attorney-Client relationship.

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