Friday, March 17, 2017

Ask real estate questions from Ruth Baker

Q: Real estate agent:email hacked, hacker sends the morning of the closure to wrong wiring advice before I can call.

Am I at fault? Florida broker.
Attorney Replies Richard Paul Zaretsky

A: You are definitely on the short end of the stick that is incorrect - See this link for an article I wrote just on this particular scenario - where your email was infiltrated with a malware that took control of your email. See this link: YOUR EMAIL IS BEING VIEWED = YOUR CUSTOMERS VICTIMIZED : THE HACK STORY - (you'll probably need to type this into your address line in your pc.) The aforementioned link is an article that has been replicated in some Realtor newsletters and also the Property Council magazine of The Fund. As for indebtedness, you have to inform your broker, inform your liability insurance company (since this is an issue probably together with your personal email, you need to inform both your homeowner's insurance along with your professional liability insurance underwriters). I guess the banks for the buyer (who sent the money to the counterfeit wire instructions) was advised. It could possibly be that the wire can be recalled by them. Also, the burglar in these scenarios is normally notoriously haphazard plus they do not cross their "t's" and scatter their "i's" - so the cable may in fact not have successfully gone through. There may even be liability of the party that has been to have the capital - for them not correctly safeguarding the wire directions - if it absolutely was their e-mail that was endangered. Start with the bank, as it's time sensitive. Then the broker and insurance carriers. And best of luck.


Q: Can my neighbor who purchased the private road on which I reside, and which is the only real access to my house, restrict my access?

I live on a triple dead end and own 4 contiguous houses in the neighborhood while my neighbor's extended family possesses 7 contiguous dwellings, 2 of which were built in the twenty years since we purchased our home from his cousin and the other 3 from his uncle. He bought the private road which goes only to my houses(and ends facing my house) from the same uncle and today needs to trade it for a big piece of our original multi-acre parcel so he can construct another house. From what little I recall of real estate law from law school, I have told my husband the neighbor cannot impair the sole access to our property and so we do not need to own the road, especially as we neither need to give up any land nor encourage another house in our modest neighborhood. I feel this is blackmail that is borderline. Thank you.
Attorney Response Tristan Kenyon Schultz

A: Your recollection is right. Being the law, there are always complexities, but the dominant (original) estate and its own successors cannot confine or prevent entry to a past authorized servient estate when the sole way of access is via the dominant estate. Going out of English common law, you very likely have a "right of way" easement. In case the easement is recorded you've a simple case (in your benefit). In the event the easement is just not recorded, you may have to prove the importance and existence of the easement (from your facts this should not be extremely challenging).

Q: Can I ask for a continuance on a case eviction if the town getting ready to deem the house condemned due to the sepetic

They have 5 health breaches and haven't fixed them. Town is taking to court on those as well. Plus defamation of character to us. They lied to the town saying we're threating them and they want escorts to property. There's quite a bit of thing wrong here but I dont would like to spend money only to be put out on the basis of the disapprobation.
Lawyer Response Ali Ebrahimzadeh, Esq

A: Why really would you want to stay in a house that is condemned? More information are required to provide an expert evaluation of your problem. The best first step is an Initial Consultation with the Attorney. It's possible for you to also read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice site. I practice law in these areas of law in CA, NY, MA, and DC: Education Law & Contracts, Criminal Defense, Divorce & Child Custody, and Company. This response doesn't represent legal advice; make warranties, guarantees, or any predictions; or create any Attorney-Client relationship.

Q: Am I able to sell the property i purchased at a tax sale that is private to among the orignal owners youngsters who wants to dwell there

Attorney Answer Dr Kenneth V Zichi J.D.

A: You intend to, iN THE EVENT THAT you own the property you're able to sell it. You mention a tax sale that is PRIVATE yet. To my knowledge there's no such thing. Taxes are owed to the authorities, and also the authorities cannot sell its tax lien 'in private'.... You may not own the house? Maybe you have just bought some type of lien? I had demonstrate the paperwork to a local attorney that is authorized to determine everything you own before you attempt to sell it! This reply is offered for informational purposes only and doesn't constitute legal counsel or make an attorney/client relationship. I'm licensed to practice in Michigan only. Please seek competent local legal assistance should you are feeling you need legal advice!

Q: Does the tax basis change when you inherit a house that was in a trust?

The trust currently owns the home. My mum is the trustee and I'm to get your house upon her death. I've a copy of the trust and will. Without raising the tax basis of the house am I able to set the title in my name?
Lawyer Answer Richard Samuel Price

A: In my opinion that you are referring to the assessed value for property taxes. A transport of a property from parent to child might be excluded from reassessment for property tax purposes. For the primary residence, there is an exclusion that is infinite. For all other property, the exception is limited to the first $1M of value. You need to file an application for the exclusion with all the tax assessor within three years of the transport. In a nutshell, that implies the property taxes should remain exactly the same.

Q: 2 sisters possessed property as JTWROS. 1 died. Filing deed that is new is realty tax due or is it exempt? If exempt, on what basis?

To describe more, I am wondering when filing the new deed do a Statement of Value files to it and if so, what box do we check for claiming an exemption?
Lawyer Response Mark Scoblionko

A: In the event you are sure the property was owned collectively, and not as tenants in common, and in case you are asking about a title to the surviving sister, no such title is demanded. The passage of title to the enduring sister as a result of the departure of the very first sister is automatic.

Q: If I am my last living parent and the only child just expired do I've to go threw probate?

Lawyer Solution Vincent J. Bernabei

A: Your parent's estate might be subject to probate in case your parent possessed assets in his or her own name during the time of his or her departure, and there is absolutely no combined owner nor any named beneficiary on your parent's account. Examples add a property in your parent's name or a bank account with no payable on death beneficiary alone, in your parent's name. According to the value of your parent's assets, there are a few options to probate. As an example, you may be able enough to transfer ownership of the assets through a tiny estate affidavit rather than a formal probate proceeding. That's a much quicker and cheaper process than probating the estate.

Q: Does a contract using a management company survive a sell of property with a lease that is given?

I sold a rental property having a renter in place in November with a given lease that had 9 months left on the lease. Property and the lease are managed by way of a property management company. Property management changed. Rent was paid by the tenant to the old management company and the management firm deposited money in my account of rent minus the direction fee minus direction fee for the time of lease that was unused. I agree the new owner what was accidently deposited into my account should be paid by me. Yet, I do not consent to the amount the direction firm kept part. My contract together with the management company says the management firm can keep the fee's for the length of the lease. Since I sold the property, I believe the mistake is around the new owner since the contract broke when he switched management firms which he bought using the property. Is that correct?
Lawyer Answer Leonard Robert Grefseng

A: All this should be insured by the contract when you consented to sell to him. Get that contract out and study it to see how things were supposed to be handled. if the property was sold "subject to" the present contracts and leases, you are correct. The buyer will be bound by every one of the existing contracts, such as the management contract. I suppose all this was properly disclosed to the buyer. One thing is for sure- the rent can't be kept by you.

Q: Empty land was bought by me in CO. The property is 50% his dead fathers and 50% sellers. Just how do I get the land 100?

The Colorado land was deeded to the seller's dad and mother. His mom then used a warranty deed which says she's the sole owner to title it. The county has information online that says the acreage is 50% the son's as well as 50% the dead father's. I don't live in Colorado along with Nevada is lived in by the seller. The seller simply explained before his mother deeded it over to him, that the property was put right into a trust but this info just isn't recorded at the county. Any method to record this trust?
Attorney Solution Tristan Kenyon Schultz

A: You've got two choices. First, it is possible to wait for the deceased father's estate to be probated - this allows one to either produce a claim for the property or negotiate with the newest beneficiary. The disadvantage of the approach is the fact that Colorado permits up to 3 years for an estate to be probated (and at least 1 year for a lender--you--to initiate probate). In the option, you seek various approaches that are legal to get complete possession of the property. You will need to get in touch with a real estate lawyer in the county where the property can be found to give a precise appraisal of how best to continue since there are too many possible problems and solutions.

Q: My neighbor has a camera pointed at my front door and bedroom. How do I request them to shift the angle of it?

Weld County Colorado. The camera supplies no surveillance of the owners property.
Lawyer Answer Tristan Kenyon Schultz

A: You can just request the angle to be changed by them. At issue is if the camera use is an improper invasion of your privacy. You'll find nothing improper with a private celebration pointing a camera in front of someone's house, while an attorney would need to examine all of the specifics. This can be less clear when the camera has got the capability to view beyond what a standard passerby on the road could see. Colorado as well as the US have quite weak privacy laws (esp. In comparison to continental Europe).

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