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Deeds and Ownership

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.

5,025 Questions

When a trustor is established does a trustor have the ability to change the trustee in a deed of trust?

A trust is established by a Declaration of Trust. The trustee is the person appointed to hold title to and manage the trust property. The declaration contains all the powers of the trustee and the provisions of the trust. You must review it to determine if and how the trustee can be terminated and a new trustee appointed.

If you are on a promissary note but not on the deed do you sign the mortgage?

If you are not on the deed then you don't own the property. If you don't own the property then you should not promise to pay the mortgage. A co-signer on a mortgage and promissory note is completely responsible for paying the mortgage. If the primary mortgagor (who in this case is the owner of the property) defaults on the mortgage the lender will go after the co-signer of the note for payment. A default will ruin your credit. If someone has asked you to sign their note and mortgage then you should require they execute a new deed with you as the co-owner of the property.

What if your name is not on the deed but your husband left the property to you in his will. Will the property go to you?

Yes. As long as the will was drafted properly according to state laws the court will approve it and the property will pass to the surviving spouse as long as there are no debts that must be paid by selling the real estate. The estate must be probated in order for title to pass to the surviving spouse legally. The property will be subject to any encumbrances that existed prior to your husband's death such as a mortgage.

If a property is jointly held by mother and one of the sons does the property automatically goes to the joint holder after her demise?

If the deed is properly drafted- yes.

If the deed is properly drafted- yes.

If the deed is properly drafted- yes.

If the deed is properly drafted- yes.

Are you liable for neighbors water lines on your property?

It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.

It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.

It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.

It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.

How do you remove name of deceased spouse from homestead real property?

Call a title company and find out. It is easy if the deed was in terms of "right of survivorship." Generally, you'll need the death certificate, proof of marriage, and a copy of the deed, which they may be able to provide. Probably the only reason you would need to fix the deed is when and if you sell and it can be sorted out then.

How do you get duplicate to lost mobile home title?

You have to apply to the DMV of your state for one. There is an application that has to be filled out.

Can you split up mortgaged property?

Not without the lender's permission. Of course there's nothing to say you couldn't prepare and record a Quit Claim Deed, but if the lender found out about the transfer, he could call the entire loan due and payable in full. Not a good idea.

A third party with other access has a right of way over a driveway shared by two other owners of other properties. How can you cancel the right of way owned by the third party?

If the owner of the third property was granted the right to use the driveway you need to get a proper release in writing from the owner of that property and record it in the land records. If the third party will not release their rights then your only other option is to bring suit and hope the court accepts your argument as to why their rights should be terminated.

You should have the issue reviewed by an attorney who specializes in real estate who can review the property titles and explain your rights and options.

If the owner of the third property was granted the right to use the driveway you need to get a proper release in writing from the owner of that property and record it in the land records. If the third party will not release their rights then your only other option is to bring suit and hope the court accepts your argument as to why their rights should be terminated.

You should have the issue reviewed by an attorney who specializes in real estate who can review the property titles and explain your rights and options.

If the owner of the third property was granted the right to use the driveway you need to get a proper release in writing from the owner of that property and record it in the land records. If the third party will not release their rights then your only other option is to bring suit and hope the court accepts your argument as to why their rights should be terminated.

You should have the issue reviewed by an attorney who specializes in real estate who can review the property titles and explain your rights and options.

If the owner of the third property was granted the right to use the driveway you need to get a proper release in writing from the owner of that property and record it in the land records. If the third party will not release their rights then your only other option is to bring suit and hope the court accepts your argument as to why their rights should be terminated.

You should have the issue reviewed by an attorney who specializes in real estate who can review the property titles and explain your rights and options.

Do I have a claim under the California Community Property Law if my late husband intended for his Retirement Insurance to go to me but his daughters are the named beneficiaries?

If by "retirement insurance" you mean a qualified retirement account covered by ERISA, then the retirement account had to provide that the surviving spouse is the beneficiary, unless the surviving spouse consented to a different designation (such as to the daughters). So the claim is not under community property law, but rather federal ERISA law. I'm not sure about California in particular, but in at least one community property state, you might have a claim for fraud against the community if your husband caused community assets to pass to someone other than you. It would be a difficult claim, though, because an exception to the fraud on the community claim is a "natural" disposition of the property. And it is natural for a father to leave assets to his children.

How does an addendum work when selling a house or purchasing a house?

An addendum is a legal document that is attached to a pre-existing legal document. It adds other terms and provisions to the original agreement. An addendum can modify or amend the original agreement. Once signed by the parties it has the same legal effect. In a real estate transaction the original document would be the Purchase and Sale Agreement. An addendum to a P&S Agreement can address issues such as financing, the contingency listing of the buyer's property, payment terms if there is to be seller financing, agreement to maintain the grounds until buyer takes possession, agreement that the seller pay for the homeowner title policy, extension of closing date, homeowner's insurance, etc.

Can a lender put a lien on your current house for the old house if the old house is foreclosed?

Yes. Most homes that go into foreclosure have liens against the owners.

Yes. Most homes that go into foreclosure have liens against the owners.

Yes. Most homes that go into foreclosure have liens against the owners.

Yes. Most homes that go into foreclosure have liens against the owners.

How do you determine property lines?

Have a surveyor do a stake survey to show the property lines. It will cost a few hundred dollars in the city, or up to a few thousand dollars for a rural property. The surveyor must usually find the deeds that reference and define your property and those of your neighbors and make a determination of where your property lines are. Depending upon how your property is defined, your lines may be very difficult to locate exactly, if not impossible (e.g., "from the large birch tree to the pile of stones", neither of which can be found 50 years later). When neither you nor your neighbors can find the lines, you can establish a "new" line by agreement and record that with the deeds for future reference.

When attempting to locate lines for a new fence, some jurisdictions require consultation with the official "fence viewer" who will help establish the line, if there is a dispute.

If your spouse was driving a vehicle registered and insured in both your names and got into an accident can the house which is in your name only mortgage and deed be taken away should a lawsuit occur?

There is always the possibility that a person injured in a car accident will go after the other driver's property if the other driver is found to be at fault and doesn't have enough coverage. As an owner of the car and insurance coverage, your property may be reachable.

If homestead protection is available to homeowners in your state you should record a Declaration of Homestead in the land records immediately. A homestead exemption can protect your property from seizure by creditors. You should consult with an attorney ASAP who can review the situation and advise if you are exposed to liability since the car is registered and insured in your name. She/he could also advise you if you have protection under your state's homestead laws.

Who can live in house after life estate?

After a life estate has been extinguished the fee owners, sometimes called remainders, have the right to the use and possession of the property.

After a life estate has been extinguished the fee owners, sometimes called remainders, have the right to the use and possession of the property.

After a life estate has been extinguished the fee owners, sometimes called remainders, have the right to the use and possession of the property.

After a life estate has been extinguished the fee owners, sometimes called remainders, have the right to the use and possession of the property.

Is good credit required to get a quitclaim deed transfer?

You don't need good credit to be the grantee in a quitclaim deed but you do need good credit to borrow money to buy the property.

You don't need good credit to be the grantee in a quitclaim deed but you do need good credit to borrow money to buy the property.

You don't need good credit to be the grantee in a quitclaim deed but you do need good credit to borrow money to buy the property.

You don't need good credit to be the grantee in a quitclaim deed but you do need good credit to borrow money to buy the property.

Can a home owners association representative enter privately owned property and conduct a survey and report of said property without notification or prior consent from the owner?

You need to check the Homeowners' Association Rules and Regulations for any provision that would allow such an action. If that privilege was not reserved in the association documents, and the owner didn't grant that right in any other signed document then the answer would be NO.

Where do you sign Oklahoma Quitclaim Deed?

Just above the line that should either say your name or the word "Grantor"

If your deceased husband owed money to the IRS and they put a lien on your house should you remove his name from the deed?

Removing his name from the title will not accomplish anything. You need to consult with an attorney who can review your situation and negotiate with the IRS for you. You cannot ignore the lien.

Removing his name from the title will not accomplish anything. You need to consult with an attorney who can review your situation and negotiate with the IRS for you. You cannot ignore the lien.

Removing his name from the title will not accomplish anything. You need to consult with an attorney who can review your situation and negotiate with the IRS for you. You cannot ignore the lien.

Removing his name from the title will not accomplish anything. You need to consult with an attorney who can review your situation and negotiate with the IRS for you. You cannot ignore the lien.

Grantor verses the grantee in quit claim deed?

The grantor is the person who transfers their interest in the property by deed. The grantee is the person who receives that interest: the new owner.

What does a lis pendens form look like?

_________________________________________________________________________________________ IN THE SUPERIOR COURT OF THE STATE OF NEW YORKIN AND FOR THE COUNTY OF SUFFOLK ASPEN SUMMIT LLC Plaintiff, v. MARK NOGID Defendant NOTICE IS HEREBY GIVEN that an action has been instituted and is now pending in the Superior Court of the State of NEW YORK in and for the County of Suffolk upon the complaint of ASPEN SUMMIT LLC, Plaintiff, against the above-named Defendant Marc Nogid, that the object of that action is to foreclose Plaintiff's assessment lien against Defendant's real property, which is described as followed: 14 Fairway Ct. Sag Harbor, New York. In the County of Suffolk. Any persons in any manner dealing with the above-described real estate subsequent to the filing of this action will take subject to the rights of the Plaintiff as established in this action. Dated: June, 15th 2009 Respectfully presented by: Smith, Buss & Jacobs Dom Tammaro Attorney for Plaintiff _______________________________________________________________________________________

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