Selling a Home

My ex has not listed our house for sale as ordered…

May 20, 2013 by in News, Research Legal Advice

Law Office of Roger T. Dunaway, PLCC

Question:

My ex has not listed our house for sale as ordered, what’s the best way to deal with this before going back to court? We are both on the mortgage and two HELOCS. She was given a date to list the house for sale in the divorce decree and I was to be removed from the mortgage “as soon as possible.” She agreed to this at the time. Now she is desperately trying to stay in the house and is accusing me of trying to prevent her from getting payment relief because I won’t sign a quit claim. She told me she listed the house but I could not find a listing and she refused to send me a link. The house is way over her head financially; she is unemployed. She wants to try to qualify for the Home Affordable Refinance Program (HARP) and is being told she needs the quit claim to even attempt to qualify for it. What can I do to force her to sell the house? (Seattle, WA)

Answer:

If your ex-wife is unwilling to cooperate with you to honor the terms of the divorce decree, I cannot think of a way to deal with the situation without going back to court. One option may be to have your divorce attorney bring a motion for contempt of court for her failure to list the house for sale to possibly get her attention. Another option may be to bring a motion to appoint a receiver (or another party) vesting that individual with the authority to list the house. I believe that either of these options could be accomplished within the previous divorce proceeding. A final option may be to file a separate partition action. I would be interested in the responses from other attorneys on this one.

Disclaimer

This answer is merely for general informational purposes only and does not constitute an attorney/client relationship. You are strongly advised to consult with an attorney licensed in your home jurisdiction to get detailed advice on your legal matter based on the laws of your home jurisdiction and case facts.

(Creative Commons: Jekemp )

Can I sell my home being two payments behind?

May 20, 2013 by in News

Law Office of Roger T. Dunaway, PLCC(Creative Commons: truliavisuals)

Question:

Can I sell my home being two payments behind? (Seattle, WA)

Answer:

Simple answer–Yes.

Disclaimer

This answer is merely for general informational purposes only and does not constitute an attorney/client relationship. You are strongly advised to consult with an attorney licensed in your home jurisdiction to get detailed advice on your legal matter based on the laws of your home jurisdiction and case facts.

Ownership Share with Siblings, What Are My Options?

May 20, 2013 by in News, Research Legal Advice

Question:

1/3 recreation property/cabin shared with 2 siblings. I want to sell & do not use. Must I continue to pay taxes? Force a buyout? Washington State. I been paying my 1/3 taxes up to 2/2012. 2/2012 I requested a buy out or request to sell during the window of opportunity to show in market stating that I would pay taxes/fine at time of sale. Can I force them to buy me out? Can I refuse to pay taxes until buyout or sale? Will it endanger my ownership share? What are my legal rights? Also, if any improvements are made without my agreement must I still pay 1/3 of the improvement cost? The “will” only states the property to us 3 kids with no further direction. There is no trust. I wish to be cashed out. I never use this property. (Shelton, WA)

Answer:

I will presume from your question that fee simple title is held by you and 2 siblings as a result of a parent’s death. I am always an advocate for avoiding litigation whenever possible. I would recommend getting an appraisal of the property to determine its fair market value. The cost of the appraisal could be split amongst the 3 owners. Once you have the property’s fair market value, work out a way for the other 2 owners to purchase your 1/3 interest in the property. If the other owners are unwilling to consider that approach, I would recommend that you speak with an attorney about a possible partition action. Good luck, Roger

Disclaimer

This answer is merely for general informational purposes only and does not constitute an attorney/client relationship. You are strongly advised to consult with an attorney licensed in your home jurisdiction to get detailed advice on your legal matter based on the laws of your home jurisdiction and case facts.

What could they sue us for? Breach of Contract?

May 20, 2013 by in News, Research Legal Advice

Law Office of Roger T. Dunaway, PLCC(Creative Commons: Brewbooks)

Question:

What could they sue us for? We backed out of our contract, breaching it. The contract states “If the Purchaser fails to perform, the deposit shall be retained by Seller. In the event a release is not signed by Purchaser, Broker shall retain the earnest money deposited until (I) Purchaser and Seller have settled the dispute; (II) disposition has been court ordered; (III) Broker deposits said amount with court pursuant to applicable court procedure.

They are suing us for the asking price and the full asking price of the home the contracted. $200, 000 – can they do this? What should I do? (Dayton, OH)

Answer:

It is possible that you could be sued for the asking price. The seller’s available remedies here will depend upon what is stated in the Purchase & Sale Agreement as well as applicable state law. I would take this matter very seriously and encourage you to seek counsel to represent your interests. I presume the property is in Ohio from your post. Thus, you will need an attorney licensed in Ohio to properly advise you about your obligations and rights under the terms of the Purchase & Sale Agreement and Ohio law.

Disclaimer

This answer is merely for general informational purposes only and does not constitute an attorney/client relationship. You are strongly advised to consult with an attorney licensed in your home jurisdiction to get detailed advice on your legal matter based on the laws of your home jurisdiction and case facts.

How to remove a defunct company from a title report?

May 7, 2013 by in News, Research Legal Advice

Question:

How to remove a defunct company from a title report? Trying to sell Mom’s house in NYC. Loans were taken out in the 1970’s from two now-defunct companies whose names are now showing up on title report. How do I clear the report of these? (New York, NY)

Answer:

Although I am in Washington, I am sure the law would be similar in New York. Do you have evidence that the loans were paid in full? If so, the title company “may” be willing to remove the loan information from the title report. The title company “may” also want you to indemnify them against any possible risk associated with removing the loans from the title report. I think that approach is maybe a long shot. The best approach is to file a Quiet Title Action to remove the the loan information from the title report. A NY licensed attorney can best advise you on how long such an action might take the possible costs. Good luck…

Disclaimer

This answer is merely for general informational purposes only and does not constitute an attorney/client relationship. You are strongly advised to consult with an attorney licensed in your home jurisdiction to get detailed advice on your legal matter based on the laws of your home jurisdiction and case facts.

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