Real Property and Occupancy Legal Matters

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A Partition Action is a lawsuit asking the court to order the sale of jointly owned property.  Partition actions are common in probate, where a person dies and leaves property to two or more individuals. In some cases, one wants to sell, one wants to keep, and they cannot agree. The one that wishes to sell can choose to bring a partition action asking the court to order a sale so the proceeds can be fairly divided. The goal is an equitable distribution of the proceeds. 

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When there is no agreement to pay rent, an unlawful detainer lawsuit may be filed by a property owner (or a person in lawful possession of the property) to recover possession of the property from an unwanted occupant.  Unlawful detainers are used where the unlawful occupant cannot demonstrate that he/she has a legal or equitable title, interest, or right to the property.

Here is an example where an unlawful detainer may be appropriate: 

Jane and Bob are friends. Jane allowed Bob to move in temporarily after he was suddenly laid off. Now, Jane wants Bob to leave because they are no longer on safe, friendly terms, but Bob is refusing to leave. If no landlord-tenant relationship exists between Jane and Bob, and Bob does not have a claim to the home, we may be able to help Jane file a lawsuit to remove Bob from her home. 

Explore the options of when it is appropriate to transfer or modify ownership to property. Schedule a consultation today. 

Loan modification is generally for homeowners with distressed mortgages, and works by extending the loan term or by reducing your interest rate, for example.  Success in obtaining a loan modification generally depends on proving that you are suffering from some type of financial hardship.  

The loan modification process is not easy because it is paperwork intensive and modifications are not guaranteed. A loan modification requires both parties to agree on any changes, so the reality is that lenders have power in determining whether a modification will be granted.