KANSAS MARITAL PROPERTY LAW AND REAL ESTATE LAW
Kansas Marital Property Law and Real Estate Law “Marital property” is the legal term that refers to all of the possessions and interests acquired after a couple gets married. …
RENTABLE SQUARE FEET VS USABLE SQUARE FEET
One of the first steps in evaluating a commercial property is determining the total rentable square feet. While this might seem like a straightforward calculation, it, unfortunately, doesn’t always …
WHAT IS A PROPERTY SURVEY AND WHY WOULD I NEED ONE?
What Is A Property Survey? A property survey confirms a property’s boundary lines and legal description. It also determines other restrictions or easements included in the property. While you can …
THE IMPORTANCE OF A PROPERTY SURVEY
If you’ve noticed a person in an orange vest carrying around a brightly colored tripod with a metal device on top, you’ve likely come across a property surveyor. Property …
LAND PATENT
A land patent is a form of letters patent assigning official ownership of a particular tract of land which has gone through various legally proscribed processes – such as surveying …
COMMON HOA RULE VIOLATIONS
Here are some of the most common HOA rules violations you should know about: 1. LandscapingHOAs are responsible for the community’s curb appeal, so expect yours to have rules about …
HOA RESTRICTIONS ON SHORT TERM RENTALS
At first blush, short-term rentals seem like a win-win situation. You can find a nice place to stay for a few nights, and it is frequently cheaper than booking a …
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IS YOUR HOA UNDER FUNDED?
How Much Should an HOA Have in Reserve? Choosing to live in a condominium complex or gated townhouse community certainly has many perks as to the maintenance of the property. …
Missouri real estate sex offender law
Missouri prohibits sex offenders from living within 1,000 feet of a public or private school up to the 12th grade or childcare facility which existed at the time the offender …
HOW REMOTE WORKING WILL EFFECT HOME SALES IN 2021
2021 TRENDS: Remote Work The ability to work from home is not new. In fact, as long ago as 2018, roughly one-quarter of workers worked at home, up from just …
GROCERY STORES AND REAL ESTATE VALUES
While it is no surprise that homeowners want to maximize the value of their property, it might come as an eye-opener that proximity to certain grocery stores can substantially improve …
7 MOST COMMON REASONS A REAL ESTATE TRANSACTION GOES BAD
Every business decision is followed by a lot of anxiety. That’s because there is a variety of issues that may occur before, during and/or after it. Transactions are one of …
WHAT IS A REAL ESTATE ATTORNEY AND WHEN DO I NEED ONE?
Buying a home isn’t just a simple purchase; its also a legal transfer of a property from one entity to another. Because the legal side of this transaction can be …
DESPITE FEDERAL BAN, RENTERS ARE STILL BEING EVICTED
Despite federal ban, renters still being evicted amid virusBy MICHAEL CASEYNovember 29, 2020 The 46-year-old, who was hospitalized in August for the coronavirus and cant work due to mental health …
STATES WITH COMMON LAW MARRIAGE
States With Common Law Marriage Colorado: Common law marriage contracted on or after Sept. 1, 2006, is valid if, at the time the marriage was entered into, both parties are …
RULES OF HOME AFFORDABILITY
The rules of home affordability Mortgage lenders use something called qualification ratios to determine how much they will lend to a borrower. Although each lender uses slightly different ratios, most …
WHAT IS AN FHA 203K LOAN?
Whether youare interested in snapping up a bargain home and renovating it to meet your needs, or you have a kitchen full of outdated appliances that you would like to …
REAL ESTATE TRANSACTION RED FLAGS
REAL ESTATE TRANSACTION RED FLAGS 1. Documentation includes deletions, correction fluid, or other alteration2. Different handwriting or type styles within a document3. Buyer currently resides in subject property4. Seller is …
PROS AND CONS OF DOING AN NEW LLC FOR EVERY REAL ESTATE TRANSACTION
Pros of Using a New LLC Every Deal Ownership structure: Perhaps you are working with several different owners on a new deal. It makes sense to have a new LLC, …
MISTAKES REAL ESTATE PROPERTY MANAGEMENT COMPANIES MAKE
1. Scaling Without Systems In Place I see a lot of property managers that fail once they hit a certain scale because they don’t have systems in place. They get …
AFFIRMATIVE DEFENSES
You have been sued. First, you panic. Then, you think about how to defend yourself. One of the best ways to fight back when you are being sued is through …
MISSOURI EASEMENTS
Learn about Missouri Easement Law
REAL ESTATE WHOLESALING
If you enjoy keeping up to date with market trends, following respected real estate blogs, or are addicted to HGTV, you might have more in common with a real estate …
FENCES
Fences Fences are essential to protecting privacy in your backyard, keeping pets safely in, and establishing property lines. Few people today question that a good fence is essential to …
LOAN SUBORDINATION
A subordinated loan is paid after all first liens have been paid. If there is a first and second mortgage loan on a property, the second mortgage is usually subordinate …
RETALIATORY EVICTION
What is a Retaliatory Eviction A retaliatory eviction occurs when a landlord evicts a renter or refuses to renew a lease in response to a complaint or action within a …
DECLATORY JUDGEMENTS
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive adjudication …
SECURITY DEPOSITS
A security deposit is an amount of money ranging from hundreds to thousands of dollars that a tenant pays a landlord or property manager at the beginning of a lease …
6 SIGNS OF A GREAT RENTAL PROPERTY INVESTMENT
Rental property investing will require prospective buyers to consider a number of factors, not the least of which are outlined below. A good rental property is contingent on both tangible …
WHEN IS A TAX GAIN RECOGNIZED WITH A CONTRACT FOR DEED?
Tax Laws for the Seller of a Contract for Deed Can I Deduct Interest on a Rent-to-Own? In cases where qualified buyers are scarce, selling a home through a contract …
WHAT DOES THE VIRUS MEAN TO COMMERCIAL REAL ESTATE?
Chances are that the world returns to normal. From SARS to Bird Flu to Ebola, it seems there is always some type of health scare that we are told will …
WHAT DOES THE VIRUS MEAN FOR RESIDENTIAL REAL ESTATE?
As Americans sit at home watching the value of their retirement funds crater, it is no surprise the spring housing market is about to crater as well. Home sales could …
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENTS
What is a Subordination, Non-Disturbance and Attornment Agreement, and Why Do I Need One? While most commercial leases contain a requirement that the tenant will execute a “Subordination, Non-Disturbance and …
HOME OWNER ASSOCIATION AND RESTRICTIVE COVENANTS
That new pool in the backyard is going to be perfect. You paid the contractor the deposit last week, and they’re scheduled to come break ground on Monday. You’ve even …
MEDICAID, MEDICARE, AND REAL ESTATE
One of the most misunderstood aspects of Medicaid is the look back period for asset transfers and how that affects eligibility for elderly people in need of long-term healthcare. Lets …
WHEN IS AN OFFER CONSIDERED ACCEPTED?
Acceptance of an Offer The second stage of contract formation is the acceptance of an offer by the offeree. An offeror is the person who makes an offer and the …
AFFIDAVIT OF HEIRSHIP
When a person dies without leaving a will, an affidavit of heirship may be needed to establish facts about the deceased persons heirs and the transfer of property. While laws …
TRUSTS AND DIVORCE
Trusts and Divorce Trusts are an important tool that families can use to protect assets and pass wealth to future generations. When the beneficiary of a trust is facing divorce, …
SEVEN FACTORS THAT MAKE REAL ESTATE INVESTING FAVORABLE
Here are seven factors that help make a real estate market good for investors: Job creation above the national average. Current and expected future population growth, also above the national …
WHAT DOES RECORDING A REAL ESTATE DOCUMENT MEAN?
What is Recording? Recording is the act of putting a real estate document into the official records at the County Recorders or Recorder of Deeds Office. Usually, the types of …
TRANSMUTATION AGREEMENT
A transmutation agreement is a postnuptial agreement that changes the character of the spouses property from community to separate, or vice versa. It may be used to change the character …
PREPAID ITEMS VS CLOSING COSTS
What does prepaid mean? Prepaid items are exactly what the name implies – payments made in advance of the monies due to obtain your new loan. These amounts are often …
WHAT IS A WRAP AROUND MORTGAGE?
A wraparound mortgage, more commonly known as a “wrap”, is a form of secondary financing for the purchase of real property. The seller extends to the buyer a junior mortgage …
MARITAL PROPERTY
Types of Property Divided in a Missouri Divorce Proceeding When couples go through a divorce, they need to address a variety of issues, including how to divvy up their property …
BUYER-SELLER DISPUTE RESOLUTION SYSTEM (DRS)
Introduction This Dispute Resolution System (DRS) is not intended to replace arbitration or mediation activities conducted by associations? Professional Standards Committees. The program is designed to resolve disputes between buyers, …
SPECIFIC PERFORMANCE
Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific action, such as to complete the …
HOW TO GET A HANDLE ON YOUR FINANCES WHEN YOU ARE EXPECTING YOUR FIRST CHILD
How to Get a Handle on Your Finances When You are Expecting Your First Child Expecting your first child is simultaneously a thrilling and nerve-wracking experience. There is so much …
EQUITABLE INTEREST IN REAL ESTATE
Equity is a concept of rights distinct from legal (that is, common law) rights; it is (or, at least, it originated as) “the body of principles constituting what is fair …
WHAT IS EMINENT DOMAIN?
What is Eminent Domain? Eminent domain is the power the United States government, states, and municipalities to take private property for public use, following the payment of just compensation. Breaking …
SPECIAL USE PERMITS VS. VARIANCES
A special permit is generally required when a proposed use, due to its size or external impacts, needs greater scrutiny by the Town and may require special conditions to mitigate …
TAX INCREMENT FINANCING
Tax Increment Financing (TIF) Tax increment financing, or TIF, subsidizes companies by refunding or diverting a portion of their taxes to help finance development in an area or (less frequently) …
OPTIONS FOR HANDLING CEMETERIES ON PRIVATE PROPERTY
Options for Handling Cemeteries on Private Property Prior to World War II, it was not uncommon, especially in rural areas, for families to bury their deceased family members in a …
PROPERTY BOUNDARIES
Property Boundaries: Everything You Need to Know Most of us don’t know where our exact property boundaries are located, and many of us don’t care. Most of us don’t know …
REZONING, VARIANCE, OR CONDITIONAL USE PERMIT?
Rezoning, Variance, or Conditional Use Permit: Which One Can Solve Your Zoning Problem? You’re considering the purchase of a particular property, but know it doesn’t conform to the city’s zoning …
WHAT IS DOWN ZONING?
Down zoning is the process by which an area of land is rezoned to a usage that is less dense and less developed than its previous usage. This is typically …
WHAT ARE THE BENEFITS OF FSBO? LAWYER/BROKER SERVICES AVAILABLE
WHAT ARE THE BENEFITS OF SELLING YOUR HOUSE FOR SALE BY OWNER WITHOUT A REALTOR? The biggest reason to consider some form of FSBO is the money you may save. …