Category Archives: Real Estate Law

Is a bill of sale legal for piece of land and how do I get the deed?

Q: The owner sold me part of his land and now he said he can’t split.

A: No one can answer that question on the limited information you have given. I would need to know much, much more. A real estate attorney should review the sales agreement, the deed, the map and so forth. It may be that the seller had good intentions but now he realized he needs to subdivide his lot to sell you a portion. The subdivision of property requires much work and usually involves getting zoning approval from the municipality. It concerns me that you think you were sold a piece of land but do not mention that your name is on the deed. It sounds like neither of you has an attorney and you need the advice.

Threats from next door neighbor-she is 76

Q: We have a 76 year old woman living next door and she is in the habit of taking in homeless people. Last summer some of her” tenants” were seen by my wife and myself using her back yard as a urinal and a portion of it as what we can only describe as a defecation pit. My wife talked to her about this but it went on until I called the city about it. They came out and spoke to her but it still went on. Now she found out that I was the one who called and tonight she came over making threats at our front door beating and banging on it, in a drunken rage, with foul language, then went around back and did the same. We called 911 and the police said maybe I should get a court order so if it occurs again I can press charges. I know she is up in age but some of her tenants shoot guns in the woods and they have been doing drugs on her property also (we smell marijuana smoke and other weird smells). Do you think an anti harassment order would help?

A:  Bad neighbors can be big problems. She is free to do things on her property that are not illegal. If you believe she is violating state laws or zoning ordinances, call the police or the municipality and let them investigate. Keep calling until they do their job. As far as her coming on your property, she can do so for legitimate purposes. If she is not welcome on your property any more, tell her so or provide written notice to her that neither she nor her crew are welcome on your property. If she continues to get drunk and come back over to your house (which often happens with people like this) she will be deemed a trespasser based on your prior notice. Under the law, based on the prior warning, she can be arrested as a trespasser and you can have law enforcement cite her or arrest her for trespassing. As far as a civil order you can probably get one if you continue to establish a record of bad behavior and get some good photos-like the defecation pit and sound recordings of the discharge of guns. However, you would need to pay a lawyer to do this and a civil order will not have the bite that a criminal charge would. Plus, you don’t have to pay the police, or at least should not have to. Perhaps she has lost her faculties due to natural aging or drug and alcohol abuse and a social services agency may help by doing a wellness visit. If they visited her and became concerned, they too could make referrals to the appropriate agency including the police or psychiatric intervention teams. Good luck.

Cannot Pay Mortgage-Bankruptcy vs. Foreclosure

Q: What are the consequences if you walk away from your mortgage payment. Would you need to file bankruptcy first?After 10 months my sister is receiving no child support, though she was awarded a sum of money, since her estranged husband doesn’t work. She can’t afford her home and daycare for 2 young boys, along with the rest of her bills. She was considering filing bankruptcy or just not paying her mortgage. What are the differences between these two options.

A: If she fails to pay the mortgage, it may take 6-9 months or even more for the bank to foreclose. They will just take the home back. Sometimes, they will pursue a deficiency judgment against her. This is the balance of what was owed on the mortgage and what they eventually sell the house for at foreclosure. If the bank is owed, they can, and sometimes do, sue the person on the mortgage for that deficiency balance. Sometimes I have negotiated with banks to not pursue the deficiency, and just take the home back and be done with it, in exchange for the mortgage holder’s cooperation in signing all documents and surrendering the keys. This helps the bank in that they don’t have to sue the mortgage holder, post the house with the sheriff, etc. Bankruptcy may present a better option, depending on the circumstances as the bankruptcy stay can give additional time in the home and other debts the person is having difficulty paying, can be addressed through consolidation or discharge.