Real Property
Can a Property go Through Foreclosure if There Are Still Loans on the Property?
I had two loans on a home. During a Foreclosure do both loans need to be paid off before a title can be transfered to someone else? And if so what would happen if you just found out that one of the loans never got charged off but yet someone else owns the house now? It has been 3.5 years and I have just found out that I owe $35.90 on the second loan and it is now going through the process of charge off after 3.5 years. Now as I understand it I will need to wait another 3.5 years before I can even try for a loan again...is that true or do I have some possible fighting writes? Please help me.
Can a Proxy Duration Be Changed By Application Terms?
We are a HOA in Forsyth Co. Ga. we have always rolled over Proxy votes from year to year. Our By-Laws state---' Proxies may be given to any other member, and may extend for ant period.'Our new Management Co. Has sent out the Proxy vote for this year ans it states only good for 90 days. There has been NO amendment and NO vote to change anything with the Proxy being mailed out on 4-26-11. is this Proxy vote going to be legal??
How Do I Remove a Survey Exception on a Title Insurance Policy?
At the closing sale of 40 acres lot in 1977 the owners 1965 survey was available and a re-certified survey by the same firm in 1977, with a note: 'Amended February 15, 1977 to show warranty Deed legal, not surveyed this date'. Question: is this sufficient to remove the survey exception on the title insurance policy?
Is the HOA Responsible for Damage Caused By Roof Repairs?
Due to storm/hurricane damage in 2008, my HOA decided that the roofs needed to be replaced. The HOA hired a contractor to replace the roof on each unit / townhome, including the detached garages, and each homeowner was charged $2,500. Apparently, the project was completed in January of 2009. In 2008, when the hurricane occurred, I was not at home. During the time that the roof was being replaced, I was not at home. Currently, I'm working in Iraq, which is where I live, and I have been in Iraq since August of 2005. I purchased the property in July of 2007 and have spent very little time there; 19 days per year, at the most. Up until January 2011 the house was vacant, with the exception of the19 days that I'm there. In January 2011 a renter moved in and he recently found damage in the attic. Several sheets of drywall had fallen from the rafters onto the floor. The drywall fell onto vents and onto the drywall directly above the master bedroom ceiling, which is now cracked and needs to be repaired. The drywall in the attic also acts as a firewall because the units have common attics. After the hurricane, once the area was reopened, the unit was inspected for damage, inside and out. At that time, no damage had occurred. The HOA was contacted about the damage, which included photographs, and I have been informed that I, as the owner, am responsible for all interior damage / repairs. The drywall did not fall by itself, it fell - when the roof was being replaced. The hammering of roofing materials, during the replacement of the roof, is what caused the drywall to fall. In my opinion, the HOA, or the roofing contractor, is responsible for the damages. The damage may be located on the interior, but the damage was caused by work that took place on the exterior. Since the drywall is the only means of a firewall, it needs to be replaced as well. Can you please tell me what recourses I have, and how to hold the HOA responsible for the repairs. The HOA Manager will no longer respond to my messages. Yesterday, I contacted the President / CEO of the HOA, which just happens to be a Texas Senator, and I doubt that I'll be hearing from him.
Who is Responsible to Pay the Mortgage When Someone is Added to the Deed?
My parents deeded heir home to my brother. My brother obtsined a loan on the home to buy his own home. If my brother adds his two other brother to my parents home via a deed. who has to pay the loan on my brother got on my parents home?