Unanswered | Answered

Deeds and Ownership

Parent Category: Property Law
Ownership of real property is one of the most valuable legal rights. The method of documenting and transferring this ownership gives rise to the questions in this category.
Answer . \nNo. The court would not allow the transfer of a deed when bankruptcy procedures have been initiated. The laws defining fraudulent conveyance, an action in which a debtor attempts to keep assets from creditors, are defined by state and/or federal bankruptcy statutes. Some activities...
Ownership of land is transferred deed. The owner executes a deed in exchange for the consideration paid by the purchaser. The deed must be recorded in the land records immediately in order to notify the world there is a new owner. A prudent purchaser will arrange to have the title to the land...
\nAnswer:\n. \nIf you conveyed any interest you may have in property by a quitclaim deed you can't rescind it unless you also included some revisionary clause and the conditions were not met.
You can check the grantee index at the land records office to see if any deeds have been recorded in your name.
Both. The purchaser benefits in knowing that the property title hasbeen researched and will be stood behind to cover losses and legalcosts to protect you property title. The seller benefits in thesame way, being that as long as you are not the type to try todefraud someone by selling property you...
You must look to the trust document to determine how you make a change in the trustee. You must follow the provisions in the trust.
A mineral rights conveyance involves the minerals below the surface of the land, not the surface land itself.
Zoning laws in large land tracts that allow for suburbandevelopment keep large industries from locating in largelysingle-family developments. Suburban zoning laws allow for offices,retail, or even light industrial development in suburban areas.
create instant heroes and fads
In most states, if you are not obligated on a note to the property, then you can simply execute a "quit claim deed" and convey your interest in the property to your husband. If you signed an outstanding mortgage you will still be responsible for paying that mortgage. Any transfer of an interest in...
"A person who acts as his own attorney has a fool for a client." This is an old saying. A notice of lis pendens means that somebody has filed, or is about to file, a lawsuit that will affect your property, and unless you want to defend yourself, yes you should. Now it is always "possible" that the...
You haven't provided much detail such as which church and country. United States Private ownership of property is allowed and is governed by state law. Religious corporations may privately own real property under the provisions of state laws.
Answer \n. \nIn modern days, an abstract of title is usually the title examination/search.\n. \nSimply reading the title and giving a report on the condition of the title is not the same as buying title insurance coverage for a mortgage or owner policy.\n. \nIn earlier history of title, an...
The will must be filed for probate. The court will examine the will and the family will be given the opportunity to object. You must be ready with evidence to convince the court that the will is a forgery. You should provide recent examples of your father's handwriting. If the court allows the will...
The concept of an arm's length transaction allows themarket to ensure that both parties in the deal are acting in theirown self-interest and are not subject to any pressure or duressfrom the other party.
Sure, but why would you want to use such an particular legal instrument?. There are so many other ways to transfer property.. Check with either 1) the internet and your jurisdiction or. 2) contact a local lawyer.. If this is not a general question, you need some specific advice and it's not comming...
When the railroads were first laid out in the 1800s the lines ran over both private land (farms, ranches, businesses in towns, homeowners, etc.) and government land. When railroads were first constructed there were different ways by which the railroad acquired their rights in the land: by deed in...
If you are on a mortgage you have to claim half of the interest by Texas law?
Your mother' estate must be probated. You are not the executor until the will has been reviewed and allowed by the probate court and you have been appointed by the court. Title to the real property cannot pass to her heirs until the estate is probated. Your mother's debts must be paid before any...
You must review the provisions of your trust to determine if the trustee has the power to sell real estate. If not then you will need to seek a court order.
Once a deed has been executed there is a new owner- the grantee . The grantor in that deed no longer owns the property and therefore, cannot make any changes in ownership. In order to make changes the grantees must execute a new deed that conveys any and all interest back to the original ...
You can try. However, If you were able to sell it the buyer would only have use of the property until your death. You should consult with an attorney to determine how the sale of a life estate is addressed by your state laws.
If you are also on the deed the sale must have both your consent and your signature.
Yes, that is exactly when the builder would do it! If you're in agreement, there would not be any reason to have the expense of filing a lien. You will need to settle the dispute (like gentlemen) and obtain a release (and preferably a waiver of any other claims) that conforms to your local lien...
The rights you have to your mother's property depend on her will and a few other factors. The term "Community Property" does not mean that your stepfather is automatically entitled to all her property. That is a common misconception. The term comes from Spanish Law and has to do with income after...
Whoever granted the mortgage to the bank must have owned the property at that time. If they later conveyed the property to a new owner they breached their mortgage agreement with the bank and the new owner took the property subject to the mortgage . The bank can take possession of the property if...
Many people have questions about the legal effects of transferringtheir residential real estate to an adult child there can be somebenefits to doing this,its important to understand the potentialdisadvantages.There are basically three ways of putting a child'sname on real estate (1) An outright gift...
Your local council can give you this information or the local water authority
what do you mean by property? But a lien can go in animal control.
If there is "multi-financing" on the property already the new lender would only loan more money if there is enough equity in the property to justify the loan. You would need to consult with a lender to determine what the fees would be in your area.
"Beachfront property" can be privately owned, commercially owned, state owned or owned by the federal government. For example: beachfront condominiums, estates, cottages, town parks, state parks, national parks and military bases. If you want to know who owns the "beach" in Florida that's a...
If the buyer executed a mortgage in your favor then all you need to do is foreclose on the mortgage and take possession of the property. If the money due to you from the sale is not in the form of a mortgage in your favor then you will have to take your chances suing the new owner in a court of...
If the deficiency is forgiven by the lender, is it still subject to federal and state tax?. The mortgage preforeclosure short sale closing date was in 2005.
Their property becomes part of their estate and will be distributed according to their will or by the state laws of intestate succession if there is no will. See the related question link below.
It is unlikely a lender would advance any money to you on your life estate. If you died the life estate would be extinguished and the lender would have nothing. The most valuable aspect of a life estate is your use of it during your lifetime. Therefore, it's valuable to you but no one else.
I'm trying to do this exactly. I have one distressed property because of government tenants that didn't move out after their program finished. The government doesn't care and has done nothing about it. I'm in the process of vacating them but that's not what I want to write about. Currently because...
If your late mother executed a deed that conveyed her property to you while reserving a life estate for herself then you acquired the property by deed and not by inheritance. Your brother had no right to "forcibly" move into your home. You should have addressed the situation at the time he moved in....
Quitclaim deeds cannot be "revoked". Once the deed has been executed the property has a new owner: the grantee. The grantor in the deed no longer has any interest in the property.
How do you add a name to a deed
Things you can touch like your furniture, car, and real estate. Intangible would be like patents, copyrights, trademarks, interests in a business, and time shares.
The term is eminent domain. And yes, the government must pay a fairprice for the property and follow due process when it takes awayprivate property for public use.
You have asked an interesting question and the answer depends on the law in your state and whether your tenancy by the entirety predates the mortgage. The answer is generally yes, depending on the laws in your state. In Massachusetts and New York there is nothing in the law to prevent one tenant...
If the owner didn't sign the quitclaim deed then the deed is invalid.
When a decedent dies owning real property their estate must be probated in order for legal title of the real estate to be transferred to heirs or third party purchasers. Some testators grant the power to sell real estate to the executor of the will. Many do not. In that case the executor must...
If the trust is drafted properly by an expert in trust law, the property should not be vulnerable to creditors. For any trust needs or questions one should consult with an expert in trust law.
If you can't find the previous owner to execute a corrective and confirmatory deed then you must bring a Quiet Title action in a court of equity and obtain a judgment. Only a court order can clear the title. You should check to see if you paid for a certification of title or an owner's title...
Unfortunately you don't say where you are because laws vary widely as to miscellaneous property rights such as your question. The first thing to do is ask your neighbor's permission just as a matter of courtesy. Many people assume everything has to have a legal underpinning. There are...
Personally, I would not buy a condominium unless my review of the complete declaration was finished. Otherwise, you (and I) have zero idea about the community you're (I'm) buying into. Whether or not it can be sold may be a local legal issue. See your state condominium statute.
You may be able to get a small estate waiver, depending on the jurisdiction. Chances are you are not going pay any taxes, but you still have to file a tax return.
You should consult with an attorney who specializes in probate law. Your husband's estate must be probated wherever he owned property in his own name. If he owned property in Indiana and Missouri, the initial probate would be filed in his usual place of residence which may be Indiana. If he also...
There is no 'form' to 'remove' a name off a deed. Rights in real property are transferred by virtue of a deed. The owner must execute a deed granting their rights in the property to a new owner.
Communal land ownership is where a group or culture owns the land, and not the government, a company, or an individual. In America, this is not a common concept anymore, since land that is not privately owned is owned by the local, state or federal government. This type of ownership still exists in...
because the saints had to the same ways of like showing their faith and jesus had been one of the greatest to do that and show his love
You need to sue the debtor in court and win. If you prevail in your suit you can request a judgment lien. The lien can be recorded in the land records if the debtor owns real property. The property cannot be refinanced or sold until the lien is paid. Generally, personal property can be seized by the...
Your local zoning or subdivision regulations may have the answer. Very often it is impossible to have rear access to property, such as abutting lots in a development, the edge of town, along streams, where the property abuts a large undeveloped parcel, or where some industrial or commercial use of...
No. In order to "secure" a land patent you must prove ownership and provide a chain of title from you back to the grantee in the original patent.
No. Title insurance only covers the person who purchased the policy. You would need to purchase your own title insurance policy.
The statement is misleading. It refers to two different forms of property ownership. A j oint tenancy with the right of survivorship creates a tenancy whereby if one owner dies the surviving owner becomes automatically the sole owner of the property without need of probate. When one owner in a...
Generally, a life estate can be sold if the buyer is fully informed as to what they are receiving. The buyer would need to take on your legal obligations (upkeep, maintenance, taxes, insurance, etc) under your life estate. Also, if you died the life estate would be extinguished and the buyer would...
If you inherited the property, the estate must be probated and your mother's estate is responsible for the mortgage debt. However, if there is no cash to pay the mortgage and you want to keep the property, the mortgage must be paid or the bank will take possession of the property by foreclosure. If...
The court has the power to distribute property acquired during the marriage. You need to consult with an attorney in your area who specializes in divorce law who can review your situation and explain your options under your state laws.
Title is alienated by transfer of ownership to another such as by executing a deed or mortgage. It is a recognized right associated with fee absolute.
" http://wiki.answers.com/Q/Father cosigns with son who is married After 2 years things are not going good in the marriage If divorced later would wife be able to lay claims to the house even though she is not on the loan ". Yes, you cannot disinherit a spouse.
No. Only the bank can release you from the mortgage. However, once you have guaranteed payment of a loan the bank won't let you off the hook unless the mortgage is paid or renegotiated. Generally, you are not free to transfer your property if it is subject to a mortgage. Most mortgage...
No. An easement is a right that you own in or to the real property of another. For example, a property owner (A) found their new garage encroached two feet onto their neighbor's land (B) for the lenght of the new garage. Fortunately, the two had a good relationship and the neighbor knew the error...
Public ownership of most land is the idea that land and resourceswithin a nation belong, ultimately, to the people of that nation.The property interests are vested in the state, rather than anindividual or communities.
helping people stealing violent abuse bad language respectful kind
You can sell the property you inherited in Georgia. You should consult with an attorney who specializes in real estate law who can review your situation and explain your options. You should bring copies of any proof you have that your inheritance comes from a duly probated estate and your title is...
Actually women have been able to inherit property under certain circumstances at least for 1,000 years in England and America.
The answer depends on the circumstances. The bank won't give a mortgage to someone who doesn't own the property. Therefore you can borrow money on a house if you're not on the deed. On the other hand. A person who is not on the deed should not sign the mortgage as a co-borrower with the owner...
\n. \n. \nObtain a copy from the office where land records are filed. If the deed was recorded you don't need the original. If you didn't record the deed then you have a big problem.\n. \nIf the record title is still in your deceased parents' names then you will need to file a probate petition to...
Generally, no. Married couples own their property as tenants by the entirety or joint tenants with the right of survivorship. When one spouse dies the full ownership of the property passes to the surviving spouse with no need of probate. A buyer's attorney will examine the title to the real...
You haven't provided enough detail. If the funds are depleted because you mishandled them, you will be held accountable. The court will require an accounting from you in which you will need to show all the property and funds coming into the trust and all the money going out. If you can't account for...
Salvage rights must be purchased from the owner of the property. In the case of abandoned real property, the city or town must take title to the property through a tax taking procedure. Citizens can then purchase the property from the town. You should inquire at the tax assessor's office where the...
You could find a perfectly good deed in a safe deposit box while settling the estate of your grandfather. The deed shows that he acquired 100 acre of forestlands in 1925. At first impression, you might think you would inherit the land. However, a examination of the land records shows that he sold...
If the property is owned by a valid trust it is not part of the decedent's estate. The purpose of the trust was to protect and preserve the property for the children. The second wife has no rights in the property.
We have to take care of public property because that is all about us and around us...We all stay in our country as a public... The most important requirement of this is to just co-operate with the public..The all profits and losses is just because of us so to overcome that we have to take care of...
To save time you might want to find out who filed the lis pendens and figure out what it will take to settle their claim, in addition to all of the other customary things one does in a purchase. Otherwise you go under contract and make sure a third party holds any earnest money and that the contract...
You must consult with an attorney who specializes in trust law and who has a good reputation in the community. The attorney will review your situation and explain your options. Most importantly, she/he will draft a trust that is valid under state laws and meets your needs. It is important to draft a...
No. A rider adds to the document, and perhaps changes some of the original provisions.
No. Not unless one is expressed in the court order that created the easement. You need to review that order.
The grantor is the owner of the property. The grantee is the person or other entity who receives it in a deed. If William Smith conveyed his farm by deed to the The ABC Development Corporation, Smith is the grantor and ABC is the grantee.
Joint tenancy means the house only belongs to one of you (the one that is on the deed) whereas "Tenancy in Common" means you are both on the dead and if one of you dies the other automatically owns the house along with all the responsibilities associated with ownership (paying the mortgage,...
Generally, yes. As long as the repairs are reasonable and necessary. There are times when repairs must be made in order to be able to sell the real estate or to close the deal when an offer has been made. In that case the repairs are definitely a reasonable expense. In fact, that type of decision is...
An heir is the person entitled, by reason of relationship, toreceive an intestate (without a Will) person's estate after theirdeath. It is also the term for a person who inherits under a Will (weathera relative or not).
Yes. However, your father would be equally responsible for paying the loan. If you defaulted on the payments the bank would go after your father for payment even though he doesn't own the property. If there was a foreclosure your father's credit would be ruined as well as your own. You should...
You need to discuss this issue with the bank. It may require that you refinance the property. In that case you would need to be in a position to qualify for the loan. Some lenders will allow an assumption of the mortgage. In order for title to the real estate to pass to you the estate must be...
If you are married and have poor credit in your name, it may be that you can obtain a better rate without your being on the mortgage. However, it is a risky financial move, in my mind, for you to have title without having any of the responsibility for its payment. Another Perspective Most...
With a quit claim and the agreement of your mortgage company, you can transfer your home title to anyone. However, if you are carrying the mortgage, there needs to be lien on the title until the loan is paid in full.
In Texas the other living person takes over and in other states I do not know.