is my father is still legally tied to a property he hasn’t lived in for 5 years?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
is my father is still legally tied to a property he hasn’t lived in for 5 years?
About 6 years ago, my father wanted to move from the house he was currently living to another one. He made a verbal agreement to let another family member live in that house as long as she puts her name on it via short sale or what have you. He never submitted anything to the bank himself, she said she’d handle it, he hasn’t made a mortgage payment since then. New Link Destination
day my father finds out he is being sued by the HOA on the property for unpaid fees. What can he do?
Asked on March 9, 2016 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
His oral (that's the better term than verbal) agreement with his family member is irrelevant to the HOA or the bank; it has no bearing in his legal obligation to pay fees, mortgage, taxes, etc. Similarly, it is irrelevant whether he lives in the home or not--people cannot escape their obligations for real estate simply by moving out. So yes, he is still legaly ties to the property. It is possible he can sue his family member for violating her agreement, but that does not affect his own obligations.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.