Owners of Arizona real estate are often surprised to learn that an individual may be able to acquire title to land by utilizing that land openly, adversely and continuously for a statutory period. In fact, your favorite neighbor can, by occupying your land for a period of time, gain legal ownership...
Generally Chapter 744 of the Florida Statutes governs guardianships. Florida Statute §744.361 through §744.462, sets out the powers and duties of guardians. However, in typically confusing statutory fashion, not necessarily every power and duty of a guardian is contained within these statutory...
Step One: Prepare Eviction Notice The first step in most eviction cases is the Eviction Notice. This “for cause" notice typically occurs when a tenant fails to pay rent, is too noisy, is selling narcotics, or has does something that violates an important lease cause. In other instances, a “without...
Introduction There is a saying that "Good fences make good neighbors." Sometimes, however, those fences can cause disagreement between neighbors. What is adverse possession? Adverse possession, which is the legal term that includes boundary disputes, arises when someone claims ownership of another'...
ADVERSE POSSESSION CLAIMS IN MASSACHUSETTS Many title disputes in Massachusetts arise through the assertion of an adverse possession claim. In Massachusetts, "[t]itle may be acquired by adverse possession only upon 'proof of non-permissive use which is actual, open, notorious, exclusive and adverse...
Under Maryland law and regulation, the Maryland Motor Vehicle Administration (MVA) has the duty to administer the motorist license system and to call motorists in for a "Point System Conference" and send motorists to driver improvement programs or "DIP." More ominously, the MVA can suspend or even...
Boundary Disputes For many years, much of my practice has involved advising clients in neighbor disputes. These disputes have involved boundary issues, trespassing and damage claims, restrictions to views, and blocking of easements. While timber trespass (cutting down a neighbor’s tree) cases can...
Tip #1 For Divorce in Connecticut: Have a Vision The first tip for divorce in Connecticut is to define what is most important to you in your divorce and what your future goals are beyond the divorce. What issue must be resolved as most important? Is it about your children, your finances, your...
Relocation – "[T]here is no per se prohibition against a landowner relocating a prescriptive easement unless such action completely denies the easement holder the intended use of the original easement. [cite omitted]. Rather, courts employ the test of whether the relocation will unreasonably...
Rhode Island is a "no fault state". Does that mean the assets are always divided 50% to the wife and 50% to the husband in a divorce? No. A no fault divorce in Rhode Island simply means that a fault grounds are not necessary in order to obtain a divorce in Rhode Island. In other words, all the...
If you’re behind on your house payments in Arizona, stay vigilant. In most cases, the only notice you’ll get about an upcoming foreclosure sale is a notice sent through the mail and posted on your property. Fortunately, under Arizona law, you can bring the loan current until the day before the sale....
A deficiency judgment—a money judgment for the difference between the total amount of the mortgage debt and the foreclosure sale price—is the unfortunate result of a foreclosure in some cases. Fortunately, most California homeowners won't have to pay a deficiency judgment after going through a...
The coronavirus (COVID-19) outbreak has completely upended life in the United States and around the world. With this national emergency limiting many people’s ability to work and earn a paycheck, you might be among the thousands finding it difficult or impossible to keep up with mortgage payments....
When money’s tight, and you've cut down on your other expenses as much as possible, it still might be impossible to keep up with your mortgage payments. Once you fall far enough behind on the loan, your lender (or the subsequent loan owner) will likely foreclose —that is, go through a specific...
Update: On April 2, 2020, Florida Governor Ron DeSantis signed Executive Order 20-94 suspending all foreclosures and evictions in Florida for 45 days because of the coronavirus (COVID-19) pandemic. Also, the federal government has imposed a foreclosure moratorium for federally backed mortgage loans...
If you can’t continue making your mortgage payments because they’re too high or you’re having trouble getting caught up on past-due payments, you might be able to avoid a foreclosure with a: forbearance agreement, usually negotiated before you fall behind repayment plan, negotiated after you’ve...
With the coronavirus (COVID-19) outbreak happening, you might be among the many people finding it difficult or impossible to keep up with your mortgage payments. Fortunately, most people won’t face the prospect of losing their home soon, thanks to foreclosure suspensions across the country. Also,...
If you fall far enough behind on your mortgage payments in Massachusetts, your loan servicer (on behalf of the lender or the subsequent loan owner, called an “investor”) will start a foreclosure , most likely a nonjudicial one. Massachusetts law sets out the specifics of the nonjudicial foreclosure...
To contest a judicial foreclosure , you have to file a written answer to the complaint (the lawsuit). You'll need to present your defenses and explain the reasons why the lender shouldn’t be able to foreclose. By responding to the suit, you’ll definitely get some additional time to live in your...
Update: On March 18, 2020, Governor Laura Kelly signed Executive Order #20-06, which temporarily stops foreclosures in Kansas due to the coronavirus (COVID-19) outbreak. The order prohibits financial institutions from initiating foreclosure efforts or judicial proceedings. It also halts residential...
