Deeds and Ownership

Unless you are going to small claims court, you can't. Courts aren't going to let an untrained individual without an understanding of the system and the laws and processes waste the time and resources of the court system. Unless you are going to small claims court, you can't. Courts aren't going to let an untrained individual without an understanding of the system and the laws and processes waste the time and resources of the court system.

There is no substantial difference between DEED OF SALE and DEED OF ABSOLUTE SALE, except the words that constituted it. Because all sales are absolute whether movable or immovable, unless there is a condition provided in a particular contract, hence, it is another contract also called CONTRACT TO SELL. A CONTRACT TO SELL is substantially different from CONTRACT OF SALE, because the CONTRACT OF SALE is the DEED OF SALE or DEED OF ABSOLUTE SALE itself. The rationale of this CONTRACT OF SALE is that the rights of ownership, including all that is incidental with it are transferred absolutely upon the delivery of the thing sold without any condition; while this CONTRACT TO SELL imposes suspensive condition that is by agreement the title is reserve in the seller until the fulfillment of an obligation, thus, it is also called DEED OF CONDITIONAL SALE.

My answer to this query is supported by doctrines of legal authority in the Philippines, no other than the Honorable Supreme Court. In the avalanche of cases decided by the Supreme Court, it consistently declared that; "The distinction between a contract to sell and a contract of sale is quite germane. In a contract of sale, title passes to the vendee upon the delivery of the thing sold; whereas in a contract to sell, by agreement the ownership is reserved in the vendor and is not to pass until the full payment of the price. In a contract of sale, the vendor has lost and cannot recover ownership until and unless the contract is resolved or rescinded; whereas in a contract to sell, title is retained by the vendor until the full payment of the price, such payment being a positive suspensive condition and failure of which is not a breach but an event that prevents the obligation of the vendor to convey title from becoming effective." (San Lorenzo Development Corporation vs. CA, G.R. No. 124242, 200

The executor of their estate is responsible for this, an executor is usually appointed by the probate court. They have power of attorney to care for all assets, property and investments.

Local laws and regulations will determine how the executor makes the sale: public auction or private sale, and choice may depend upon whether there are liens on the property (mortgage, taxes, judgments, etc) that exceed the fair market value. A contested will might delay the sale indefinitely.

A Survivorship Deed is an arrangement for owning real property by which a person(s) becomes entitled to a greater interest in jointly owned property by reason of her having survived another person who had an interest in property. A survivorship deed is one that creates a joint tenancy with the right of survivorship or a tenancy-by-the-entirety for legally married couples.

A survivorship deed that creates a joint tenancy can name any number of grantees but they must each have an equal interest in the property. If four own the property by survivorship and one dies the other three will each own a one-third interest. The survivorship aspect means that when one dies their interest passes to the survivors automatically with no need for probate.

If two people own a property by survivorship and one dies, the survivor will become the sole owner with no need of probate. As joint tenants die the survivors only need to record their death certificate in the land records to clear the title of the decedent's interest.

Just the people that are on the home loan will hurt his/her credit. Title is different from loans mortgage. Once a house is foreclosured the bank will show this on the credit report for 7 yrs.

The answer depends on whether your name was on the deed when your husband granted the mortgage. If it was not, the lender can take possession of the property by foreclosure if the mortgage isn't paid. You need to consult with an attorney who specializes in probate who can review the title to the property and explain you rights and options.

no

If the property was in trust when it was granted, then the deed would override the trust because the trustee no longer controls it.

Similarly, if your will says your children get your house, but you sell it before you die, then the deed overrides the will.

but if the trust was not dissolved and a will is processed when the person dies who has the right to the property . the trustee of the living trust or the administrator of the will

The title should automatically pass to you if you acquired the property as joint tenants with the right of survivorship, as the surviving owner. You should record a copy of the death certificate in the land records to clear the title.

Contact a title agnecy or a real estate attorney about a "Quit Claim Deed".

You would to have your attorney draw up a "quit claim deed" to deed half your interest to the party you want to deed that interest to. That deed will then be filed at the courthouse and that would be it.

If you own property and execute a quitclaim deed transferring your interest. You no longer own the property. If the property is subject to a mortgage or if you made the transfer to avoid creditors you have complicated the title and created a problem for yourself but you cannot undo that deed. The grantee in that deed would need to convey their interest back to you. Transferring property that is subject to a mortgage will trigger the "due on transfer" clause. You should consult with an attorney.

You cannot sell your property during a bankruptcy proceeding. If a bona-fide offer is made to purchase the property a motion is filed for permission to sell. If allowed, an order is issued by the court that frees the property from the bankruptcy so it may be sold free and clear of your bankruptcy by the trustee. The proceeds from the sale will then be controlled by the trustee in bankruptcy.

Very roughly-- between $.20 and $.30 per gallon in the US. I started driving 7 years later, and I remember gas in the 30's (cents, that is).

Grant Deed gives permission to use or occupy land. A Quit Claim is usually used to simply change the name on a title of land/house within the family, without going through all the documents of an actual sale. If your father is putting the house in your name, there's no sale. He would just file a Quit Claim to change the name. A Grant specifies which rights are being transferred as well as what warranties are being made.Slightly different than the above explanation - a quit claim does not actually claim to have and transfer anything..it says the givor is agreeing to give up the rights, if any - that they may have.Hence the name - "quit claim" - someone says they won't make a claim, even if they could.

false

Usually it designates an agreement made between the owner of real property and other persons which allows the owner to live on the property for the duration of his or her life. The person may also collect rent or other profits connected with the property during their lifetime. Likewise the person is required to pay all costs of maintaining the property (including taxes) in, at the very least the condition it was in when the agreement was made. Said property cannot be sold or partitioned w/o the consent of the "remaindermen" (person(s) named in the life estate agreement) At the time of death the property automatically reverts to the "remaindermen" without the necessity of probate procedures.

You must transfer the ownership by deed of a gift which requires the same signatures and witnesses as a deed but no consideration is required of that other to render the transaction enforceable

Yes. How else would you get anyone to live there!!!!

Yes, under certain circumstances. An easement can be released by the party that owns the easement rights. An owner of property encumbered by an easement can petition the court to remove the easement and may prevail if there is sufficient evidence that the easement is no longer needed or in use.

You must have the lien avoided in the bankruptcy court. This has to happen before the bankruptcy case is closed or you have to petition to have the case re-opened.

LIENS SURVIVE BANKRUPTCY UNLESS YOU SPECIFICALLY MOVE TO HAVE THEM AVOIDED.

Let me add to the last post.

Most of the time, the creditor who has the lien is listed as unsecured, even though they are technically secured. You need to review your bankruptcy to see how the claim was handled. If it was paid as secured (100%) or 100% to unsecured, then contact the creditor.

If the debt was paid as unsecured (less then 100%), then you must have the lien avoided.

Most chapter 13's are less than 100% to unsecured.

The home owner of course. Tenants have tenant´s rights such as 30 day notice before eviction etc., but the home owner owns it.

A Life Estate provides its owner with the use and possession of real property for life. The life tenant can extinguish that right by executing a release that must be recorded in the land records. Otherwise it is automatically extinguished upon the death of the life tenant.

You need to approach the owner of the road and negotiate for additional easement rights. You should also discuss the situation with an attorney to determine if the laws in your state confer any other rights when you have right to use a private road.