Real Property

I need the correct form or document in order to have the first position on a property lien from a loan to purchase the property.

My father-in law recently passed away in Oklahoma. (My Mother-in law died 3 months earlier. Nothing was filed for her except death certificates to Social Security etc.) All assets except his home were sold or disposed of before death with power of attorney for both Mom & dad. (Home is still recorded in the names of both Mom & dad) His sons are trying to sell his home 'by owner', without going through probate or court appointment of representative of the estate. Buyer has been found but will finance with her bank. Will they be able to sell the home that way or will the escrow be held up because it has not been done? There are no debts, home is paid for and valued at appproximately 80,000. His wishes were that the proceeds be shared equally among his 3 grown children. All 3 are agreeable. There are no deceased children with living heirs

My daughter's offer to purchase a bank-owned house for all cash was accepted and the title company has her deposit. She provided the requested proof of funds, but at the last minute the bank requested a different form of proof of funds. She provided this within minutes, and well before the stated deadline. But the bank put the house back on the market and now will not respond to her or her real estate agent. What kind of lien can she file to preserve her claim to this property? She stands ready, willing and able to fully perform.

My mother purchased a house with cash in 2000 in Mcdonough Georgia, Henry County. In 2003 she created a Joint Tenancy with Rights of Survivor placing her name, my brother-in-laws name and my name on the deed. In 2004 my brother-in-law remarried so my mother had his name removed from the Joint Tenancy with Rights of Survivorship with a QuitClaim that he signed. This left the deed in My mother's name and my name. She passed away in September 2010. I am trying to sell the house but have been told that the Quitclaim severed the rights of Survivorship and the proceeds from the sale of the house has to go into my mother's estate. Can you speak to this. (Note: I live in Westminster, Maryland but the house in question is in McDonough, GA Henry County.

We Purchased investment property in both husband/wife names(sales price $47,500); Deed was recorded on 3/7/11; We want to transfer property to our LLC , which is also in husband/wife names; it is a Special Warranty Deed which reads: 'GRANTEE HEREIN SHALL BE PROHIBITED FROM CONVEYING CAPTIONED PROPERTY TO A BONFIRE PURCHASER FOR VALUE FOR A SALES PRICE OF GREATER THAN $57,300 FOR A PERIOD OF THREE MONTHS FROM THE DATE OF THIS DEED. GRANTEE SHALL ALSO BE PROHIBITED FROM ENCUMBERING SUBJECT PROPERTY WITH A SECURITY INTEREST IN THE PRINCIPAL AMOUNT OF GREATER THAN $57,300 FOR A PERIOD OF THREE MONTHS FROM THE DATE OF THIS DEED. THESE RESTRICTIONS SHALL RUN WITH THE LAND AND ARE NOT PERSONAL TO GRANTEE. THIS RESTRICTION SHALL TERMINATE IMMEDIATELY UPON CONVEYANCE AT ANY FORECLOSURE SALE RELATED TO A MORTGAGE OR DEED OF TRUST' Since we are not selling the property; can we Quit Claim it to our LLC prior to the three month period?? If the Quit Claim is 'legal' to do immediately, can you handle this for a fee; can we personally do this; would this cause potential issues explaining that the property was not sold?