In many states, a senior needing care can end lease

Q. I have a friend who is 70 years old and in poor health. She is going to need to break her lease to move to live with her daughter. I told her of your article, stating she could do that without any fines or payments. Would you be a dear and send a copy of the article on this matter?

A. In my state, the law allows a person aged 62 or older to terminate a lease with a calendar month's notice and no penalty, if they're moving to a subsidized senior living facility. Most states have similar provisions. In my state, she can also do so if she is moving in with a family member and a doctor certifies she is no longer able to live alone and requires assistance with daily living.

As I don't know where your friend lives, that's about all I can tell her. You might try searching the Internet with "senior terminate lease" and the name of her state.

Q. Can you tell me where I can obtain a Real Estate Closing Form? I need instruction for figuring Real Estate Tax and Mortgage proration. The Real Estate Tax runs out on June 30 and the sale of the house is in September. My other question is: What is the definition of an Abstract (for Title) and when is it applied? And why?

A. You know what Louis Armstrong said when someone wanted a definition of Jazz?

"If you have to ask, I can't tell you."

You don't say whether you're the buyer or the seller, but it sounds as if you want to perform your own real estate closing. That's about the same as doing your own brain surgery - OK unless you happen to make a mistake.

Actually, it isn't OK, because except perhaps in a family transfer, it won't be acceptable to the other party. That abstract, for example, is a legal history of the real estate, compiled from documents in the county's public records. It lists not only changes in ownership, but also easements and liens - financial claims against the property over the years including mortgages, judgments or unpaid taxes. Lien payoffs are also recorded.

The abstract is used to help the sellers prove they have full-undisputed ownership and the right to sell. Yes, the records are really public, and you can go down and research them yourself. Local legal custom dictates how far back you need to go.

But the other party isn't going to settle for an amateur guarantee of clear title. If you're the buyer, you should demand, or as a seller, you must furnish, legally acceptable proof. If the buyer is placing a new mortgage, the lender will require it as well.

You mention mortgage proration - is the buyer taking over an existing mortgage? Do we have the appropriate figures directly from the lender? Is lender approval required?

Who's drawing up the deed? What about transfer taxes? Does the sales contract call for a survey? Is title insurance involved? Are homestead rights involved? Are the checks certified? And just to confuse you further, what about RESPA, HUD-1, and 1099-S?

Every area has its customary procedures for real estate closings. It's perfectly acceptable to ask ahead of time what that's likely to cost. The amount of money involved in a real estate transaction, and the potential legal complications, are too great for you to go it alone.

Q. Under the assumption that questions are never silly, could you please explain the difference between a "short sale" house and a "foreclosed" house?

A. Those are two different procedures that may be followed when an owner fails to make the promised payments on a lien - a financial claim against the house. Most often, that lien is a mortgage. With a foreclosure, the property is sold at a public auction. The successful bidder must come up with all cash, immediately or shortly after.

Sometimes, the lender may agree to allow a short sale instead. In that case, the property will be sold on the open market in the normal way. The lender agrees to settle for the proceeds, even if there isn't enough to cover the debt.

With a short sale, the property is likely to bring a higher price, the debt is canceled, and the property owner's credit rating doesn't take quite so bad a hit as with a foreclosure. Lender's approval is required, though, of any purchase offer. Judging from my mail, short sales are lengthy, complicated and frustrating. Perhaps I just don't hear about the ones that go right.

Q. My ex-wife has a lien on my house per divorce agreement. She has passed away. Is there a way to get lien removed so I can sell the house with a clear title?

A. The lien didn't die with your ex. It belongs to her estate or to the person who inherited it. You'll have to deal with them as you would have with her.

• Edith Lank will respond personally to any question sent to www.askedith.com or edithlank@aol.com or to 240 Hemingway Drive, Rochester NY, 14620.

© 2016, Creators Syndicate