Real Property
Should we file a new quitclaim deed or correct the original deed?
We sold a Hawaii Timeshare for $1.00. We filed a quitclaim deed in Honolulu. After it was recorded, it was discovered there was a typo on the unit number (off by one digit). Do we just file a NEW quitclaim Deed or do we AMEND or CORRECT the original deed? Does it make any difference which we do? Isn't the first deed null and void because it is not the correct unit number? We live in FL (in MA for the summer) and the new owners are in WA.
Can my father-in-law be on the deed without being on the loan?
We are in the process of purchasing a home with my father in law. He is putting down the down pmt. and we are applying for the rest of the loan. Can he be put on the deed of the house without being put on the loan?
Am I liable for tenant health issues after buying an as-is property?
I'm buying a bank owned property duplex in Calif. One unit is currently occupied and listing agent (agent for the bank) has been collecting rent on behalf of the bank for last two months. I'm currently I escrow and still within my contingency period. During my inspection contingency period, a licensed HVAC company noted on their billing invoice 'positive indication of cracked heat exchangers which will allow carbon monoxide poisoning into dwellings'. The HVAC guy said by law they have to shutoff the pilot for health and safety reasons and as far as I know, that is all that has been communicated to the tenant. Tenant has been very irate that he doesn't have heat. I don't know how the listing agent has been handling and appeasing the tenant's concerns. HVAC guy had no option but to shutoff and they were only called for evaluation of the system knowing full well that I don't own the property and could not authorize replacement furnaces. HVAC company is a large reputable company in the area and I think they are telling the truth. Also, we have no knowledge if tenant or his wife has had any sickness that might be due to carbon monoxide emissions over the years they have been in the property. I have asked the bank to replace the units before I close escrow and take title. The bank is offering some credit for furnace replacements but not wanting to replace them themselves. The bank always says in its communications that buyer is buying the property as-is. Question: Do I assume (take on) any legal liability from any future lawsuit from the tenant for any possible illnesses they may have had or incurred during the time that either the bank owned the property or the prior foreclosed owner had owned the property before the bank took over? In other words does liability attach to me, the new owner, because I'm buying the property as-is, even though the defective/poorly maintained heating units were owned and controlled by other parties for months and maybe years before I saw for sale listing a few weeks back? (If I do complete the purchase, I will immediately replace the defective furnaces, but the tenant will be without functioning heaters during that time of 1-2 weeks to schedule replacements. It is not too cold right now here in California).
How can I retroactively add property to my parents' trust?
My deceased parents neglected to move some parcels located in SLO county into their trust. I need to file paperwork to request that a judge agree that the property retroactively become part of the trust.
Who owns the property after multiple deeds and an unrecorded deed issue?
Property owner sold land of 1/4 acre to an individual, this person did not record their deed. Same property owner sold remainder of this property plus that 1/4 acre to another individual. Several years later deed was recorded including the 1/4 acre. These owners separated in a divorce and all property transferred to wife, deed recorded. The wife transfers all property under quit claim deed to my daughter and son in law. Now problem? This 8 acre tract of land resides in Ohio, as I bring in equipment to help them improve property, a man comes running onto the property screaming at me for tearing out his trees in his woods, this is the man with an unrecorded deed for the 1/4 acre of which he has never paid property tax on. I hire a surveyor and he tells me that under Ohio law, that man with unrecorded deed owns the property, maybe, and charges me for survey which he says that can not be certified because of dispute of property ownership. I say surveyor is not correct in this matter as there has been 3 recorded deeds total, including this 1/4 acre. The only way surveyor knew of dispute, man with unrecorded deed showed the surveyor his paper work from his lawyer from 13 years ago, again his deed was never recorded. The surveyor has charged me $2,500.00 for a survey that he says can not be certified because of dispute. 1. WHO OWNS THE PROPERTY? 2. Should the surveyor that I hired even consider this dispute when clearly all of his maps of the property DO NOT show this mans 1/4 acre claim.