A woman writes saying she was the personal representative for her son's father's estate. She does not live in the area of the estate and the judge removed her as personal representative. She feels the judge was not impartial in changing the personal representative for this estate settlement. She wants to know her legal rights concerning who is the personal representative for this estate settlement.
A condo owner asks about how a condominium declaration affects her ability to rent out her condo. If the condominium declaration does not discuss renting out condo units, the condominium association usually relies on state law. The condo owner could sue to change the condominium declaration but that could lead to upsetting her neighbors. What should the condo owner do?
When you sign over your property to someone else using a quit claim deed, you're only transferring ownership - you're still responsible for the mortgage. Even if the person who you're naming on the quit claim deed promises to make payments on your mortgage, there's a risk he or she won't. And since your name is still on the mortgage, you're still ultimately responsible for making payments. Read more about how quit claiming your home to a stranger who promises to make mortgage payments may be a scam.
A home owner asks about canceling an easement that he has on his neighbor's property. The easement may be for utilities and will be affected when the neighbor builds a pool. Both parties must agree to cancel an easement.
An investor asks about buying a real estate investment. The investor has calculated the return on investment for the real estate investment properties he's considering. But has he considered other real estate investment issues such as tenant demands and property maintenance? Taking those costs into account may change the investor's mind about buying a real estate investment.
A buyer asks whether he can cancel a short sale purchase. He doesn't want to lose his cash in escrow if he cancels the short sale. He needs to check the details of his contract before canceling the short sale. To find out how to cancel a short sale he should contact a real estate attorney.
Who legally owns a home on the day of closing? The party who possesses the home on the day of closing varies depending on where you live. If a seller stays in a home beyond the day of closing, the buyer should charge the seller substantial rent to assure the buyer that the seller will move out in a timely manner. It's important to be clear on possession at closing.
Managing real estate from out of state can be difficult. You may be able to get a family member to agree to take over mortgage payments on a property that you own but your name remains on the mortgage loan unless that loan gets refinanced. A quit claim deed transfers property ownership rights but does not change who's responsible for the mortgage. You should first try to work out a situation like this with family members and if it doesn't work out you may have to hire an attorney.
A restaurant building owner asks about avoiding capital gains tax when using a 1031 exchange. You can minimize taxes depending on how your 1031 exchange is structured. Is a 1031 tax exchange right for you?
After a home sale falls through, a buyer asks about getting earnest money back from a real estate agency. The real estate agency cashed the earnest money check. What can the buyer do to get her earnest money back?