Real Property

are all residental listing contracts duel listings ie;listing office represents both seller and buyer

My family has owned property in Chaffee Co for over 30 years. Our property, as well as others, has been accessed by a dirt road/cultisac. Through numerouse inquiries and searches we are unable to find a recorded deed for the road. We know that no one has paid taxes on the 60ft wide road for years. Is it possible to obtain a deed for the portion of the road that ajoins our property without going through an attorney?

My husband and I are co-borrowers to a real estate property, which we purchased in the middle of March, 2010. My husband's mother is the borrower. The deed is Right to Survivorship. We moved out of the property on August 8, 2010. The mother moved out towards the end of September without notifying us and called the mortgage company and told them that she was surrendering the property to them, without our knowledge. Because she abandoned the property and is willing to let it go into foreclosure, resulting in affecting my husband's and my credit, can we sell the property without her consent? What is the proper legal channels, when we don't know where she has moved? We have asked her on multiple occasions to list the property for sale. She wanted to be the one to decide who to list the property with, which we agreed to. She tried to talk us into signing a Quit Claim Deed, and stated that she would put in writing that we were no longer responsible for the mortgage in order to have her other son and his wife move into the property. We spoke with the mortgage company and was told that it didn't matter if she put in writing that we were not responsible for the mortgage, due to the fact that we were on the loan, we would still be responsible. She said that she was going to live in the property with the other son and daughter-in-law. When we told her that we wouldn't sign the Quit Claim Deed, due to the fact that we would still be responsible for the mortgage, but the mortgage was Assumable and we were willing to allow the other son to assume the loan, she then told us that she was moving out of state (but did not tell us a time-line or notify us when she did even though we asked for her to do so)and that she would just let the home be foreclosed upon and our credit could be ruined, since we refused to do it the way she wanted us to.

I live in a house that was owned by my grandparents. It is mortgage free and valued just below $1 million. My father owns the title but would like to transfer ownership to me. As the house has been in the family for over 70 years, I have no plans to sell, but would like to know how to avoid major tax implications in the transfer of ownership. Is inheriting, quit claim, or gifting the best option - or something else??

Seller checked 'Unknown' to question: 'Is the property located in a Wetlands or FEMA Flood Zone?' After (30) days of moving in the house, I had U.S. Army Corps of Engr. at my property to tell me there was 'consistent soil and plants with Wetland Life...pull the deed on the property.' I pulled the deed alright and it 'clearly' stated 'existing wetlands, proposed drainage easement'. I met with the Seller's Broker and identified what I found and he said, 'You need to discuss that with your Agent.' I stated to him, 'Well, as I see it, it's BOTH Agent's responsibilities to disclose this...and the fact I hired a Real Estate Atty that didn't disclose this either especially when the Atty. SPECIALIZES in Real Estate and Environmental Law?' This matter is only (5) months old....who is negligent? Who bears the responsibility for non-disclosure and INTENTIONALLY checking 'unknown' on the Wetlands question when Real Estate Agents didn't pull the Court Records (Deeds) to answer the question Yes-No on the Wetlands question. The Seller's Broker told me, 'We don't pull the Deeds on every property we sell....' OK, so WHY? His answer was, Because sometimes there's no record on file with the courthouse. I told him...'Well, the property is only (6) yrs. old and the deed was recorded on file back in 2004 when the house was built because the previous homeowner showed me her Deed-Land Survey and it clearly says, 'existing wetlands'. His comment, 'Well...I'm sure our Atty can address that.' Really? How can the Seller's Atty. address that when the Seller NEVER pulled the Deed BEFORE the sale and intentionally checked 'unknown' on Wetlands when the Deed was on file? Does this constitute Real Estate Fraud?