Real Estate

H.O.A. did no exist when i bought my home

denchan26 — Fri, 10 Sep 2010 19:10:39 GMT

When i bought my home in Oct. 2007 i signed a contract to be in an H.O.A. then about a year after we moved in i got a letter saying i owed back dues for 2005 i went to the title company to find out why it was not taking care of at closing come to find out at the time i bought the house they had not filed there paper work with Ellis county(Texas) and the H.O.A. did not exist well a few months later i got a letter showing that they filed the paper work as well as annexation all the back to 2005 i was wondering if anybody knows if this binds me to my contract or is it void since no H.O.A. existed at the time i bought my home

reverse mortgage being kicked out of home

taipan — Fri, 10 Sep 2010 19:34:10 GMT

This is a long story but to make short, with economy our business was faultering miserably we have been in business and owned this home and property since 1978 In Sept 09 we took a reverse mortgage to save the place and hoped the market would return or work would start picking up again. Times were rough and of course all insurances life and medical could no longer be paid for. Well at signing of title for loan they decided to remove me from title as Im not 62 yet. With backs agaiinst the wall we begrudgedly did it.

Then the unthinkable happened, my very health husband dropped dead of a brain anuresym . The home & all is willed to me and the mortgage people say I can sell. Yeah right no one can qualify So I can ask for 2two 90 day extensions and then they foreclose. They happily would take a short sale as we had to pay $13,000.00 in loan so they wer covered by insurance in case market fell. They will get thier money one way or other. I cant even get my husbands SS for a yr & 1/2 I have no place to move I have live stock to sell HA HA no ones buying even personal items hard to sell now.

Question Do I have any recourse to be able to save my home of 33 yrs or stay longer till I can at least have time to sell or get my life in order? Help

Sorry so long but you needed to know story

Thanks

How to get out of a timeshare.

pyrite — Thu, 15 Oct 2009 04:28:09 GMT

We have a timeshare unit in Arizona that we have found not useful and with the yearly maintenance fee, a money drain. In this economy timeshares are not selling and listing companies are really a bad way to go. We have tried to rent the unit out without success. Furthermore, the timeshare contract (as with most) includes provisions that make the contract valid even if the owners declared bankruptcy and is automatically passed on to our kids if we die. Would giving the timeshare ownership as a gift to an LLC protect our kids from the timeshare. Is there any other way to dispose it? It is interesting that you can foreclose on a home or have a vehicle reposed, but a time share is more difficult to get rid of.

thank you.

Association Repairs that Cause Damage to Homeowner's Propert

JDblue — Fri, 10 Sep 2010 18:52:10 GMT

Has anyone dealt with a Homeowner's Association (for a quad home type development) that has required repairs to something like a driveway, only for their contractors to damage the homeowner's property such as an air conditioning unit in the process?

At first the association's contractor verbally acknowledged they are responsible and would fix the damaged unit, but several weeks later after multiple people have looked at it, the contractor now says it's not their fault and the association is taking the word of the contractor. Of course, there is no written documentation of any of this.

ReconTrust Trying to Auction my home!

SgtNeo — Fri, 10 Sep 2010 05:04:31 GMT

I have two issues.

ReconTrust and B of A served me a notice of Trustee Deed of Sale of my property in Arizona for a previous owner who defaulted several years ago. They state that they are the current beneficary of this property. I am the current owner who purchased the home and was financed with Chase who is the current beneficary. DO I have terms for a law suit against ReconTrust and B of A for false accusations.

My other issue is with Chase and their obligation to participate in the Home Affordable Refinance Program set by Obama administration. I met all the qualifications but chase denied me over and over and then I wrote a letter to the president of Jpmorgan Chase and a month later they transferred services of my loan to IBM Business Lending Services. What is up with this?

Vacant Land in Mi

Edward W Jarusiewicz — Thu, 09 Sep 2010 14:15:30 GMT

Have been paying off a Bank Loan, now Bank wants to Foreclose in Jan 2011, and sell Property.

My Question is, can they take my Home, or other Propertys, if Property sells for less than I owe?

Vacant Lant For Sale in Mi

Edward W Jarusiewicz — Thu, 09 Sep 2010 20:56:25 GMT

We have a Loan with a Michigan Bank to sell some Vacant Land, it expires Feb 1, 2011.

If we can't sell by then, they will auction it off to the highest bidder !

My question is can they attach our Home and properties in N.J. if the Loan isn't satisfied ?

Moving to Florida and bad credit

trish93 — Thu, 09 Sep 2010 16:11:54 GMT

I currently live in Minnesota with plans to move to Florida after the sale of my home here. I have bad credit and judgments. I plan to make Florida my permanent residence and get a job. Can a creditor come after me for any debts incurred in Minnesota? Eventually I would want to purchase a home in Florida and obtain a mortgage. I know what makes sense in order to get the credit to get a home.

landlord wont pay labor now evicting

reeses — Sat, 15 May 2010 23:01:41 GMT

I started a deal with my landlord to fix the floors a do some painting to get into it to rent, at the start of the job the landlord and I discussed there was alot more that needed done . It ended up it needed all phases done everything was so old it was gone. I had to fix water lines,wall outlets,had to totally replace the gas lines,I had to strip the hole bathroom out the torlite and sink was broke , I had 3 weeks of everyday coming here at 7 am and worked till 10pm up to 2 am , it took a week for me to clean and get rid of the roachs

the landloard sence the beginning asked for the hours of time i had in the house and did return the amont of recepts for the materials but when I asked when they was going to pay me anything she pushed it off Then 3 months ago the hot water tank goes out I installed the new tank the landlord took the price off the rent for the tank and sair she thought i was installing it for free which it opened the opertunity to ask for the other pay as well I was told the landlord had to discus it and she would get back to me the two weeks later I get told that they wasnt paying nothing to have the water tank put in that I owed rent and they was going to evict me the just got deliverd the eviction

Land Contract

StephGrn — Thu, 09 Sep 2010 04:16:07 GMT

Does anyone know if, in the state of Ky, a person that is buying a home on land contract has a right to make a new contract of the same kind with a different person? My husband and I recently signed a contract to buy a home, only to find out they "had no right to sell" according to the "real" owner. They were on a land contract with him.. We gave him a substantial 'cash' downpayment and are in the middle of a tug of war between the people we signed with and the person they were buying from. We don't have the money, now, for an attorney and don't know what to do. Is the contract we signed even legal? If we get the money back and buy from the original owner (assuming they still have the money), can they come back on us with this contract? It was just notarized and not filed anywhere. We are at a loss and any help will be greatly appreciated!

working a deal

Tim B — Wed, 08 Sep 2010 22:37:35 GMT

I have a question. A woman's father just passed away recently and she is the executor of his estate. The father owned a house that was left vacant for a few years while he battled an illness. The daughter now wants to sell the house and I want to buy it.

The owner owes back taxes dating back several years, and there is also a mortgage on the home. The woman is willing to hold the paper for me on this purchase. I can only give her a small amount of cash as a down payment and then pay her the balance of the selling price in monthly installments. The cash down is no where near enough to get the back taxes current and/or even pay off the existing mortgage.

She has mentioned that she would let me take possession of the house and start making payments to her that would be applied to the selling price, but the house needs repairs and I don't want to put a nickle into it until I have clear title.

What kind of a deal can I present to the seller that will make her happy and also provide me with clear title. I'm in the mind set of treating this as a typical purchase; a down payment and monthly installaments (mortgage) and having clear title but because of the existing mortgage and back taxes its nothing close to that. She is willing to make the existing mortgage payments but how could this work for me with that lien over the property?

Any suggestions? Thanks.

Tim

4d107384-f81c-4f43-911b-3d11ac643b60 1.03.01

perfected a mechanic's lien

johnsmith2010 — Mon, 06 Sep 2010 17:33:57 GMT

I have perfected a mechanic's lien on a property located in West Virginia and I want to foreclose to secure payment. I began work before the homeowner refinanced, but recorded my lien after the banks refinance. WV law states:

§38-2-17. Priority of mechanics' liens over other liens.
A lien authorized and created by this article shall, when perfected, attach as of the date such labor, material, machinery or other necessary equipment shall have begun to be furnished, and shall have priority over any other lien secured by a deed of trust or otherwise which is created subsequent to such date. Each lien authorized and created by this article shall be subordinate to any other lien created by a deed of trust or otherwise which is duly recorded or otherwise perfected to constitute constructive notice prior to the date labor, material, machinery or other necessary equipment giving rise to such lien shall have begun to be furnished, notwithstanding the fact that some other lien authorized and created by this article may have priority over such other lien created by deed of trust or otherwise which is so recorded or otherwise perfected.

1) Since I began work before the homeowner refinanced, would I be considered senior lien holder over the primary mortgage company?

2) Am I required to notify the primary mortgage company of my intent to foreclose and can they prevent my foreclosure to avoid being wiped out as junior lien holders?

3) Do I have to sell the property at auction, or can I take possession of the property after foreclosure with clear title?

4) If the primary mortgage company decides to buy me out to protect their interest, am I obligated as senior lien holder to allow them to do so?

Real Estate Agent needs to be changed...

spark1873 — Wed, 08 Sep 2010 02:35:27 GMT

Hello,

I helped my parents list their house through someone I knew - who is now my ex. The house has been listed for a year through him, it didn't sell, so it was rented out while it was listed for another year. Then, he suggested shortsale and it still hasn't sold for another year. My parents live in another state and they kind of got too consumed with what they're doing over there and sometimes they forget that this house even exists... But I really want to help them sell it.

What is the best way to sell a house on short-sale? Are lawyers better? Where do you find good real-estate agents?

Cooperating Broker Commmission Split Dispute

pfong60 — Tue, 07 Sep 2010 21:57:34 GMT

I recently represented a buyer in the purchase of a vacant lot located in Lancaster, CA. The lot was listed for sale by another broker who represented the seller. When I first contacted the listing broker about the property, we discussed some of the particulars about the lot including the commissions he would share with me if I were to bring him a qualified buyer. Shortly thereafter, I submitted an offer from my client to purchase the property and after some negotiations to finalize the terms of the sale we came to an agreement and subsequently opened escrow. During our initial discussions, the listing broker indicated that the commission split to my office would be 3% of the purchase price. While in escrow, the listing broker then indicated to me that the seller wanted to reduce the commissions resulting in a 2% split to my office. Following the buyer's due diligence, the listing agent then informed me that the seller wanted to reduce the commissions whereby my office would receive 1% of the purchase price. To ensure my client would be able to timely close this transaction under the terms agreed upon between the him and the seller, I agreed to accept the 1% commission split. Question: Do I have any recourse to pursue the listing broker for the difference between the original 3% they agreed to pay less the 1% they ultimately paid?

Commercial Lease Signing Date

Carol F — Mon, 06 Sep 2010 05:11:24 GMT

I had an interest in a commercial space which was a 3 year term effective 9/1/10. My broker went on vacation during the month of August and returned on 8/31. Upon his return I contacted him about submitting the lease he informed me I had to contact the landlord directly.

I then emailed the landlord on 9/1 and informed him I was ready to submit the lease he (the landlord) informed me the lease was rescinded. I said (in the email) I wasn't aware of this and when was this done. he told me he would get back to me and let me know. Two days later on 9/3 I received an email from his attorney (dated 9/3) not prior to 9/1 that the lease was rescinded and I should return all copies to him immediately.

I have spent a lot of money preparing for this space and some of it is not transereable. Can I sue the landlord for this loss. I m still willing to take the space. I do feel however he received a better offer and used that to get me away from the deal.

What can I legally do in this case. Walk away or sue landlord for losses?

Carol

Suing a landlord/real estate attorney (rent to own contract)

jfishysticks — Sun, 05 Sep 2010 02:33:03 GMT

I'm not sure if i'm posting in the right section, the situation we're in is so screwed up it's crazy.. but i'll try.

To make a long (LONG) story very short: We entered into a rent to own program through a real estate attorney. We put down a considerable down payment to keep our monthly rental payments low, were promised in the contract that that money would go toward the down payment when we purchased the house. We were also given $7,000 off the price of the house for repairs we made before we moved in.
Through the course of living here, we found out the attorney did not own the house, there was an actual owner.. and they were refusing to sell (even though they also entered into a contract). They took their situation to a lawyer and got out of their end.. leaving us up in the air. The contract we signed had a time stipulation and that ran out.. meaning we were out our down payment, the attorney refused to return it. Right before the contract ran out, the house went to foreclosure. It is now owned by the bank and there's a strong possibility we'll be forced out.

We went to a very good real estate/contract attorney and told him the situation, showed him the contracts, and asked what we could do.
After a few days of research he said there is a "reasonable chance" we can win, but his fees in total will cost $2,500-$3,500. He wants to take this guy to the cleaners. Wants to sue for not only our down payment, but damages as well, and report the attorney to the Bar association. He knows our financial situation, and even stated that considering that, he understands that choosing him may not be a good option for us at the moment.

Does $2,500-$3,500 sound too expensive? I've considered shopping for a lesser priced attorney, but the situation is so complicated, the contract is so shady and confusing, i'm concerned that finding someone cheaper would lessen our chances of winning. I would dive in if I knew we had a 100% chance of winning, but you never know.
Honestly, what would you do? What does "reasonable chance of winning" really mean in lamens terms? I understand he can't give us a "I know you'll win!" answer because that would be irresponsible.. but I feel like I need a little more assurance before diving in and possibly losing $3,500 on top of what we've already lost.

Sorry for the long post. Thanks in advance for any advice. I'd be happy to provide more info if needed, I tried to keep this as short as I could!

I am paying rent to the own that is already on foreclosure?

Dambasina — Fri, 03 Sep 2010 03:18:41 GMT

The owner of the house keep tells me that he still owns the house and takes rent money every months from me. But, a number of people knock on my door and ask me all kind of questions. Some of them, they say they came to see if tenants are still in the house. Others tell me that the house that I am renting is on foreclosure. However, the owner still tells me that he is the owner and to ignore all those who come and knock at my door. I am not sure if the owner telling me the truth. I suspect that he has lost the house and he is just collecting money from me. How can I find out that the house I am paying rent every month is still belong to the owner.

Whose property is it

Jasperlawmule — Sun, 05 Sep 2010 00:06:44 GMT

I visited my sister in another state (SC) where she just purchased a home when I arrived she wasnt there the next door neighbor who had been away for four years came over several times to inform me that her swing set and picnic table were in my sister's back yard I told her I would let my sister know as soon as she got home everytime the neighbor came over and told me then the neighbor sent over the police to tell me so as soon as my sister arrived the police were still there so he told her ... my sister... the police told her to put the stuff into the neighbor's yard even though it was there when my sister purchased the house is this right?

Advidavit of Heirship

MNUCEH — Sat, 04 Sep 2010 16:01:51 GMT

I want to file an advidavit of heirship without attorney help. Can I do this?

How should she protect her future?

M Read — Fri, 03 Sep 2010 18:02:42 GMT

My adult daughter is living with a man. He works in house construction, framing+, roofing, maybe interior and exterior work. She wants to build a house, and have him build as much as he can. From what she said, he does everything except electric and plumbing. ..........She plans to get a construction mortgage in only her name, and find and buy the lot only in her name. ............Since they are living together, and he will do most of the work on what will probably be called THEIR house, how can she best protect herself NOW in case they split later? She is wise enough/and has the experience to know that is a possibility.

Besides mortgage and deed only in her name, what steps should she take? The state is Missouri.

Thanks.

Is quit claim the answer?

dplum — Fri, 03 Sep 2010 06:35:09 GMT

I live in NC and like an idiot, I co-signed for a home for my daughter 4 months ago so she could take advantage of the 1st time Homebuyers Credit. I am on the mortgage AND the Deed as is my daughter. We have had a falling out and I'd like to rent the home out so as not to lose my butt and ruin my stellar credit. Truthfully, I cannot afford to maintain 2 mortgages.

I could care less what the repercussions are for my ungrateful daughter. I wouldn't mind it if she were still legally responsible for her portion of the mortgage (should things go sour with a tenant) while having no say in what I do with the property. Would a quit claim deed accomplish this?

She wants to continue to live in the home with her unemployed boyfriend who smokes pot all day in front of my grandchildren, something the cops say they can do nothing about. They also say he can be there at anytime with her permission as her "guest". The issue is they will not be able to afford the mortgage and it will simply be a matter of months before they get foreclosed on. She has made mention of signing off on the house. I am currently in revenge mode and not thinking as clearly as I normally do. Of course I'd like to maintain my good credit but the situation is causing major stress for me and my entire family. We need resolution now

What are my options? What are the rules for the 1st Time Homebuyers Tax Credit? I think there is a timeframe that you have to remain in the residence (as your primary) or the money has to be paid back? Which would be great. She gets pretty big tax returns (single mom living off the system) and it would be a big blow for her to have to go 2-3 yrs with the IRS keeping her money to pay back the tax credit.

Thanks for your responses in advance.

Help In GA.

rwilli9048 — Thu, 02 Sep 2010 17:25:07 GMT

Hello ya’ll,

I have a situation that I'd like to talk about to see what some of you think about it... Like many others on here I helped my fiancé at the time to refinance her house back in Jan 06, so I co-signed on the loan and a couple of weeks later filled out a quit claim deed (thinking we were going to get married later that year) proof love is blind… Well, three months later she gave me the ring back and broke off the engagement…

So here I am years later with my name still on the house loan (and she won’t take my name off the loan either). There have been a few times when she made late payments that has affected my credit score. Before all this my credit score that year was around 725 and the last time I checked (08-2009) it was 658.

I couldn’t even a $1200 loan (didn’t really need the money) from the credit union where I work just to try and build my credit up some and they said I wasn’t approved.

So my question is… Isn’t there some sort of protection for the co-signer in case something like this happens? Is there something I can do to get my name off the loan and live my life trying to build up my credit again? I’ve called the mortgage company and they said there was only two ways and without her signature / approval it‘s useless.

I understand that I’m responsible for the loan if she can’t finish it off, but it would seem to me that I would have some sort of rights that in case this happens… there ought to be a way for me to get off the loan… Is there a way I can take her to court? If anybody has any information about this situation I’d appreciate any help…

Thanks

Help In GA…

Partition Action

sue dennis — Thu, 02 Sep 2010 16:55:50 GMT

I inherited land that my late father owned with 3 partners. I cannot locate the others and I am paying taxes on the land. How do I go about getting a partition action done. Can I receive expenses when the land is sold for the taxes my father and I paid on the land and for our time in visiting the property to check up on it and make sure the timber wasnt stolen or it was being tresspassed on?

Approximately what is the cost for this action?

Unmarried couple brake up

Dally — Sun, 29 Aug 2010 08:55:29 GMT

I have a few questions in my messed up situation:

My now ex girlfriend and I bought a house together both names are on the deed and mortgage. We planned on getting married but that didn’t happen because I found out about her lying to me about using drugs. She moved out because I wouldn’t let her smoke dope and that is more important to her. I have not denied her access to the house at all and I did not tell her to move out. She received inheritance from her grandmother and put the down payment of $20,000 on our house. We did not draw up an agreement on who gets what or how to handle the house if we brake up. I have made all the payments on the house and all the house bills now for about three months since she does not have a job (We have only owned the house for about three months). Since she terminated the relationship and has left the house and is in the process of moving out, is she entitled to her 20k back? Do I consider the down payment she made a "gift" since there was no written agreement and it was investment in our relationship because the plan was to get married? Can I make her sign a "quit claims deed" since I am not willing to sell the house and she does not want it?

Real Estate Buyer Agent in MA

nmlob — Tue, 31 Aug 2010 01:53:07 GMT

In June 2010, I went to open house in MA. The Real Estate agent told me she is helping the listing agent for the open house. The listing agent could not come. Later she gave me her business card and told me if I interest the house, please call her. I assumes that she is helping the listing agent. Few days later, I decided to make the offer and call her. We went to her office. In her office, she told me she is represented buyer. I thought she is only represented this open house I am going to offer. She wants me to sign the buyer agreement that I did. Later, I could not get the offer due to the price. After that, I did not call her again. She called me two times and offering me some of house on the market. I was not interest. At the beginning, she things I shop the house for myself. But I shop the house for my sister.

Two month later, I found the house for my sister by myself. I am the co-borrower on her mortgage. When I and my sister signed the counter offer, I told the listing agent I don’t have buyer agent. Few days later, the buyer agent called me, I told her I am all set with the house. She asked if I told listing agent she is my buyer agent. I said I did not. She is upset and told me she will call the listing agent for the commission. I told her you are not my buyer agent for this house. She said I signed the buyer agreement which means she is my buyer agent. I told her I did not record I signed something that she is my future buyer agent. I thought I signed the agreement only for the open house. There is only my name on the buyer agreement. Nor my sister name.

Now, What can I do? I told listing agent I don’t have agent, but she pops up and said she is my buyer agent with signed agreement. My sister and I ready signed the P&S agreement.