What is a cloud on a real estate title?
A cloud on title is some defect in the owner's title to real property, resulting in their not owning a 100% interest free and clear of claims, that can arise from various circumstances including the following:
Trust comes with time. It's only a foolish person who is drawn-in by a smile, loving words and promises. Take it slow and easy and get to know each other. Even the best of chameleons can't hide their true selves forever. Find someone that is fun to be with. Is good to you, keeps dates, gets along with your family and friends and is tentative to you, but not suffocating. Someone that likes to spend their weekends doing things with you. Takes you out to movies, clubs or simply spend some quiet time with you. If you find someone like that then take it slow and give that person a chance to prove their honesty.
Does a person who has a mortgage on a house have legal title to the property?
No. If you are on the mortgage but not on the deed then you agreed to pay for someone else's property for some reason. Being only on the mortgage doesn't give you any interest in the real estate.
You will not legally be able to sell the property if the girlfriend has a life interest unless you have her consent. She will expect some compensation, that needs to be negotiated with the estate. For example, the sale proceeds could be used to provide another property for her to live in during her lifetime. I would like to add this: It is true that the girlfriend will have to consent to the sale and even sign the contract for sale of the house and deed. Therefore, she will have to be satisfied with the price you're getting for the house as well as her share from the very beginning. In fact, if she were so inclined, she could just refuse to sell. How much do you have to give her? The value of a life estate is determined by using what are called "mortality tables". These tables calculate the expected lifetime of the girlfriend in order to get an idea of the value of her life estate expressed in terms of a percentage of the value of the property. As an example, the life expectancy of a 20 year old person is longer than the life expectancy of an 80 year old person. For this reason the value of the life estate of the 20 year old is greater than the value of the life estate for the 80 year old. These tables exist for tax purposes mainly and the girlfriend is free to hold out for a bigger cut. That's where the negotiation mentioned above comes in. Usually in these situations, the life tenant just takes a percentage of the net sale proceeds and goes.
What recourse do you have if your neighbor cuts down a healthy tree on your property?
You could attempt to sue in small claims court as recourse. However, if the limb was hanging over their property line in any way the neighbor is legally justified in cutting the limb back until it no longer crosses their property line. On the other hand if there was no notice/request provided by the neighbor, they trespassed onto your property or some issue with the tree is caused by the neighbors removal (i.e. the tree becomes diseased or dies from the limb removal) there could be some form of legal recourse. ==Clarification== A tree problem is best addressed in a friendly manner and by the cooperation of the parties involved. However, many neighbors who own large trees are uncooperative. If limbs from your tree are hanging over your neighbor's property and causing a problem those limbs can be cut back to the property line with or without notice to you or your permission. The work should be performed by a certified arborist. If the neighbors can agree on a professional trimming and the tree owner is willing to grant permission, a more aesthetic pruning can be done if the arborist is allowed to prune the offending branches back to their collar and try to maintain the symmetry of the tree. The results may be more pleasing than branches cut off at the property line. The right to trim branches hanging over your property from a neighbor's tree has evolved from old English common law.
Is it legal to witness a signature on a document if the signatory is not present?
Anyone who actually witnesses the person signing can be a signature witness.
Only a notary can notarize the signature, and only if the document is signed in front of them.
How do you obtain property by aquisition?
Acquisition is the act of procuring something. Generally, real property is acquired by virtue of an acquisition deed. However, acquisition of real property can occur by other means such as foreclosure, taking, court order and inheritance.
they can but i dont think they will cause they depend on god not bullets...what is the reason why they would? but i can understand target practice but they are too busy on faith and the religion and the people they preach to . hope this helped
When does ownership and risk transfer to the buyer?
At common law, the risk of loss passes to the buyer when the seller has fully preformed his/her requirements to the contract. If not part of the contract, delivery of goods is not required for the risk to pass to the buyer.
If the party to whom the offer is made in a reasonable time and in good faith requires the offeror to notify the offeree if he intends to reject on account of the delay.
How do you check the title of your house?
To have "title" to your house and land means you have the absolute right to possess it. The deed by which you acquired your property is your source of title. The title is not a separate thing.
What does et al mean on a property deed?
Generally, the term "et al" in the context of a lawsuit, stands for "and others". It is normally seen accompanying a party's name, e.g., Smith Jones, et al.,
How many names can there be on a property deed?
There is no limit to the number of names that can be on a deed.
Can a foreclosure action go forward against a property that has been awarded quiet title?
A quiet title action is a remedy brought by a party with interest in a property to remove invalid claims of interest in the property. A foreclosure by a party that has the right to foreclose a valid debt under a valid mortgage and note is not considered an invalid claim.
You may be referring to quiet title used as a defense to foreclosure. That type of action is a relatively new maneuver designed to challenge the validity of documents associated with the mortgages that have been recorded during a long period of sloppy lending and careless record keeping by mortgagees and their assignees. It has been used successfully in many states. Attorney workshops are being offered on the topic.
Quiet Title is reported as routine in some jurisdictions but it is not routinely allowed. It is part of the trend toward attacking the vulnerabilities of lenders who have not paid enough attention to the chain of title for holders of notes and mortgages, and toward MERS not being a legal interest holder in mortgages that pass through its system.
In one case in California, the mortgagor filed a quiet title against the lenders who were foreclosing. They did not respond to the lawsuit. The court heard the plaintiffs evidence and the plaintiff won by default.
If you think you may have success with a quiet title remedy you need to find an attorney in your jurisdiction who is familiar with that type of case and who can review your situation and explain your options. It can be a complicated and costly endeavor. The best time to file a quiet title lawsuit is during the foreclosure. The attorney could advise if a quiet title can be pursued in your case after the foreclosure has been completed.
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ADDITIONAL ANSWER:
One has to look at this question from more than one point of view. In addition to people who have lost or are in danger of losing their interests in real property in a foreclosure proceeding, a quiet title action may be filed after a foreclosure by a person who acquired title after or as a result of a foreclosure. For example, if the current owner acquired title after a foreclosure and if the chain of title had some defect prior to and unrelated to the foreclosure, that defect would still exist. The foreclosure does not by itself, wipe out all clouds upon the title especially if notice had not been given to someone with an interest in the property. If the new owner wanted to eliminate that defect and have a clean chain of title, he would file a quiet title action after the foreclosure.
How do you go about removing a name off a deed if they have abandoned the property?
You must obtain a deed from the co-owner or you must bring an action in a court of jurisdiction and convince a judge to award that interest to you by an order of the court.
Where to get a copy of a California quit claim deed?
Deed copies can be obtained for a nominal fee at the land records office where the property is located. Do an online search for the "county + land records". You should find contact information and may be able to obtain a copy of the deed online or by mail. Many land records in Massachusetts may be accessed online and copies of documents can be printed from your home computer at no charge.
How do you establish your rights as the heir to your deceased mother's mineral rights?
You need to consult with an attorney who specializes in property law and probate law who can research and document your father's mineral rights and then probate his estate to make certain those rights pass to you legally.
What happens when a property is conveyed by deed to the holder of a life estate?
The "life tenants" can reside on the property for their lifetime. They are responsible for taxes, maintenance and any improvements they choose to make and are required to keep the property maintained in at least the same condition as when it was awarded. They cannot rent, lease, sell or transfer the property. Nor is the property subject to creditor attachment by the debts belonging to the "life tenants". Upon the death of the "life tenants" the property reverts to those named as the "remainder men".
If a quit claim deed is filed in the state of Michigan after death of sole owner is it legal?
If it's a legal quit claim, and the owner signed it before their death, yes. I would look into Michigan's law to see if there is a time limit to file a new quit claim, but I doubt there is. A quit claim has to be notorized and witnessed, so it would be obvious if you where trying to fraud someone, or if the owner had actually signed it.
Why did my husband leave the house and not tell me where he was going?
A spouse may do this for several reasons. Here are just two examples:
1. They may see no need to inform (no impending danger or relevant concern).
2. They may intentionally choose that the information should remain private (disclosure of which may cause undesired effects).
How do you change the name on a deed from a deceased with a living trust?
You need to review the trust document to determine how the land can be transferred by the trustee. You should consult with an attorney who can review the trust and explain your options.
Can an individual place a lien on my car if it is paid for and I own it outright?
No. Only a court can issue a lien. You would need to sue the car owner in court for a debt and win a judgment. The court could then issue a judgment lien and the sheriff could seize the car to pay your debt. A judgment lien could also be used to take any other personal property to satisfy the lien and it could be recorded in the land records if the defendant owns real estate. In that case, the property could not be sold or mortgaged until the lien is paid.
How much does a quiet title action cost?
Generally the owner of the property. However, if an owner of property finds there is a title defect some time after their purchase, such as when a title examination is performed for a refinance or sale, the owner may go back to the attorney who certified the title or to a title insurance company to recover the cost. It depends on the details. My ant had my uncle to deed her home to him by power of attorney when my ant died she left evervthing tomy uncle. MY uncle had me deed the property to me years later using power of attorney also, USING THE SAME ATTORNEY EACH TIME. When uncle died left every thing to me. NOW 4 YEARS LATER HOUSE WAS SOLD BUT FELL THROUGH DO TO TITLE CO.WILL NOT INSURE SAID DUE TO SELF DEALINGS BY MY UNCLE & ME. THAT SAME ATTORNEY SAID HE WOULD DO A QUIET TITLE AT MY EXPENSE
Can a husband evict his wife from home he owns in his name only?
Can a husband evict his wife from a home with only his name on the lease? There is no divorce process. in the state of ga??
Can a quitclaim deed stop foreclosure?
No. The deed would only complicate the foreclosure process and cause an increase in legal costs. The mortgage takes priority over the deed since it was granted first. The grantee in the quitclaim deed would take the property subject to the mortgage. The foreclosure would still be filed against the mortgagor.
Who is county commissioner of Lawrence county Ohio?
Lawrence County, Ohio. Oct 24, 2007 @ 10:04 AM ... COUNTY COMMISSIONERS: Doug Malone, Tanner Heaberlin, Jason Stephens, ...