An Executor has no authority to sign a Quitclaim Deed on behalf of a deceased person. Continue reading Can an Will’s Executor Use a Quitclaim Deed to Transfer Listed Property?
If payments are missed on a loan that is secured by a mortgage, the lender secured for the mortgage can file a foreclosure action. But the language of the title and the mortgage documents are critical to how the lender may proceed. Continue reading If a Home is Owned Jointly and One Person Takes Out a Mortgage That Goes Unpaid, Can the Lender Foreclose on the Entire House?
No one can sign any legal document on behalf a deceased person. Continue reading If the Grantor is Deceased, Who Signs a Quitclaim Deed?
If a Living Trust document allows the property it holds to be distributed to the heirs following the death of the donors, the Trustee named in the Trust would simply execute a Quitclaim Deed transferring title of the property from the Trust to the beneficiary or beneficiaries named in the Trust. Continue reading How Do I Transfer Assets from my Deceased Parents’ Trust to Myself?
While some states have buyer remorse laws, but there are no ‘seller’s remorse’ statutes. Continue reading Can I Change My Mind About Real Estate I Just Sold?
A potential buyer or a new owner of a property — be it short sale or standard purchase — must honor an existing lease agreement unless that lease agreement specifically contains a provision for the termination of the lease in the case of sale. Continue reading Does a Property Buyer Have to Honor an Existing Lease in a Short Sale?
In most states, a Probate Estate would need to be opened so that the probate court could issue an order transferring title to the sole beneficiaries’ name.
Most states have an expedited or summary process if the assets to be probated are limited.
This is a complicated legal question, and one that is est answered by an examination of a state’s specific laws. Continue reading If a Term Within the Real Estate Sales Agreement is Not Included Within the Deed, Which is Enforced?
Typically a mortgage and a Deed are handled as separate but related entities in the matter of refinancing. Continue reading If I Refinance a Home My Wife Quitclaimed to Me Solely, Does a New Mortgage Void the Quitclaim?
Absent an agreement amongst all of the owners, a “majority vote” cannot compel the sale of a person’s ownership interest in a property against his or her will.
But there is another option available to move the process forward for all parties. Continue reading If Multiple Persons Own a Property and One Does Not Wish to Sell, Can the Majority Vote to Sell Anyway?