Summer is a great time to add a new deck to your outdoor living space. And large or small, attached to the house or standing alone, it's a sure bet that before you starting cutting lumber and laying deck boards, you'll need to do some excavating to get the site ready.

Underground locates: No matter how minor the excavation work may seem, the very first thing you need to do before digging is to locate your underground utilities -- and it couldn't be easier. No matter where in the country you are, all you need to do is call 811 and request a locate. Within just a couple of days, someone will be out to clearly mark the location of underground electrical cables, pipes, phone wires and other things lurking under the dirt. The service is free, the peace of mind is priceless -- and if you don't do it, you could be held liable for the cost of fixing anything you cut into!

Lay out your digging: To ensure accurate placement of your framing, and to keep from having to do any more digging than necessary, after the utilities have been located you will next want to get everything laid out according to your plans for the deck. Carefully measure each pier hole or footing trench, and mark its location on the ground with paint, stakes or strings. For a curved deck, you can use a garden hose to help make the layout of the curve easier.

How big is the excavation? Piers and footings need to be of a certain size in order to support the intended load being placed on them. If you have had a lumberyard or professional designer do your deck design, the sizes should be clearly indicated on the plans. If they aren't, you should check with your local building department for information on how to calculate these important sizes, which will vary with load, deck height, soil conditions and other factors.

How deep do you need to go? Another very important consideration is the depth of the hole or trench. For smaller decks with little load on them, it may be sufficient to place precast piers on the ground, while other deck loads may require an excavation that extends below the depth of the frost line in your area. Once again, this should either be indicated on your plans, or is information you can get from the building department.

Weed control: For decks that are low to the ground, you may want to first excavate under the entire deck area in order to lower the grade and also remove vegetation that may later grow up through the deck boards. You may also want to put down a plastic vapor barrier in the deck area to help control both weeds and excess ground moisture.

Hand tools: Finally ready to dig? The tools required will depend on how deep you need to go, how much you need to excavate, what the soil conditions are in your area, and how much energy you have. For a simple deck excavation, basic hand tools may be enough. This typically would include a round-point shovel for digging, a square-point shovel and a rake for moving dirt and backfilling, a pick for tougher soil, and perhaps a post-hole digger for making round holes. Other hand tools that might be helpful would include a sod cutter for cutting out grass, a narrow trenching shovel for digging smaller trenches for wires or pipes, and a wheelbarrow for moving excess soil out of the way.

Power post-hole digger: If you have a lot of holes to dig, especially in hard or rocky soil, you may want to consider renting a power post-hole digger, and there are a couple of different types to choose from. For relatively loose soil, you might want to consider a two-person power auger. This consists of a gas motor mounted on a frame with handles on opposite sides and an auger blade below. One person stands on each side of the frame, while the motor basically drills the auger into the soil. For deeper holes or tougher soil -- or if you just have lot of them to do -- you might consider a tractor-mounted auger instead. And if all that still seems like too much work, there are companies that will come out and drill all the holes for you.

Tractors: You know you've been looking for a chance to rent a tractor, and this new deck may be just what you need. If you have a lot of soil to move, grade changes to make, or a lot of digging to do, there are tractors available in all sizes and styles to help you get the job done. The two basic types are the standard tractor, which is steered by a steering wheel, or the skid-steer tractor, which is steered by two handles that start and stop the wheels or tracks on one side or the other, and may be a better choice in confined areas. Your local rental yard will help you out with the proper choice, operating instructions, and even delivery to the job site.

Remodeling and repair questions? E-mail Paul at paulbianchina@inman.com.

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Q: Three years ago, I signed an assumption deed to my brother because I was getting married and would be living in another state.

Earlier this year, my nephew talked my brother into signing a quitclaim deed to him. Our nephew knew that there is a lien on the house and that the house was still in my name. The following week, he contacted me and told me that he would be getting a loan to pay off the house and get the title out of my name.

Well, the nephew got the quitclaim deed in his name and has not tried to contact me since. I have tried numerous times to ask him to deed the house back to me. He will not return my calls. I also contacted the mortgage company and told them what has happened. They told me that because my name is on the loan and my name was on the title, they will not release the lien to him. They will release the lien and title to the house in my name only. What do I do? I am desperate because I am making the payments to keep the house from going into foreclosure. I feel like I am paying for a house and property for my nephew instead of for myself.

I feel violated. (And I helped raise this boy.)

A: Let's start at the top: You owned a house and had a mortgage on the home. When you moved out of state, you transferred title to the home to your brother and had him sign a document that said he also assumed the mortgage on the home.

Your brother, in turn, transferred title to the home to your nephew and did not agree to assume the mortgage and has not been making payments on the loan.

When a person takes out a loan and that loan is secured by his or her ownership interest in the home, that person remains responsible under that loan until the loan is paid off. So when you financed or refinanced your home, the loan was in your name. It doesn't matter that your brother or anybody else tells you that they have assumed the obligations. You remain liable for the debt unless the lender releases you.

The assumption agreement made your brother responsible to you for the debt you originally took out but you were still responsible to the lender. I assume that your brother made payments on the loan and that everything worked out for some time.

When your brother decided to transfer his interest to your nephew, he thought he was washing his hands of his obligation to you and he may have stopped paying on the loan. Now your nephew is living in the home and does not make any payments and now you have had to step in to make the payments to avoid having the property go into foreclosure.

You indicated that the lender told you that the loan is in your name and the title to the home is in your name, but the information the lender may be giving to you may be information from the time you obtained the loan from them. From your letter it seems more likely that you are still on the hook for the loan but the title to the home has now gone from you to your brother to your nephew.

You're in a bad position. You don't own the home but are still responsible for the loan payments.

If your nephew won't call you, is there anybody else in the family who can get him to undertake the responsibility of having him get his own loan and pay off your old debt. You have to find a way to get your brother -- the person that assumed the obligation to make payments on the debt -- or your nephew to pay the debt off by refinancing the debt or by selling the home and paying off the debt.

If using the family contacts does not work, you should talk to a real estate attorney to determine what rights you might have under the assumption agreement. That agreement may give you the right to go after your brother for the payments but may also give you the right to get title of the home back in your name. If you can get title back in your name, you can sell the home to pay off the debt.

Please consult immediately with a real estate attorney.

To get even more valuable advice from Ilyce, visit her Personal Finance and Real Estate Center.

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Q: When my lease was up last week, I began talking with the landlord about renewing, and what the new rent would be. She surprised me by setting a high figure, so I'm not going to renew and plan to leave next week. Now she says I owe her two months' rent, because my lease had a clause in it that says if I "hold over" after the lease ends, she can collect two months' rent or twice the "actual damages" she suffered by my overstay, whichever is greater. This is a great place and I know it will rent right away. I'm certainly willing to pay for my overstay (two weeks), but do I have to pay this exorbitant amount? --Brad P.

A: You've encountered a lease clause that's designed to pressure you into either vacating on time when your lease is up or renewing in advance. Doubling the rent for any time you spend on the property after the lease has expired -- known as "holdover rent" -- isn't a consequence most tenants will willingly endure, and most will make sure they don't get themselves into this jam.

The landlord is certainly entitled to be compensated for the extra time you occupied your rental. If the market rent is higher now than your old rent, you should be prepared to pay it. Tenants can even find themselves liable to the landlord and a new tenant if their delay in moving out prevents the new tenant from moving in as planned. Both the landlord and the disappointed tenant have valid claims against a holdover who has cost them additional expense -- having to find substitute housing (the new tenant) or having to re-advertise and wait for a suitable new occupant when the planned new tenant leaves in disgust (the landlord).

In many states, a lease clause stating that holdovers will be slapped with double rent won't stand up in court, however. That's because the double rent is an arbitrary figure that bears no relation to the actual damages that the landlord and new tenant (if any) will suffer as a result of the current tenant's continued residency. Who knows, a year in advance, what the current value of the rental will be, and how can the landlord know whether he'll have a tenant ready to move in when the current tenant fails to leave on time? Lease provisions that set damages in advance are rarely upheld when it's not difficult to determine, when the holdover occurs, what the real damages have been.

Your landlord could have demanded that you leave when the lease was up. When tenants with leases stay on with the landlord's permission, they become month-to-month tenants who may terminate their tenancy with the proper amount of notice (30 days in most states). This means that you're on the hook for rent for the time you've overstayed, plus the notice period. You should be willing to pay the rent for this time period based on the market value of the rental, but no more.

Don't be surprised if the landlord retains your security deposit to make up for that double rent she thinks she's owed. You'll have to sue in small claims court to get it back, and you'll need to convince the judge that the landlord's only actual damages were market rent for the period of your overstay plus the notice time. As long as the landlord didn't have a new tenant signed up (which apparently she didn't, judging by her willingness to continue to rent to you), she cannot fairly stick you with advertising and screening costs. Be sure to cooperate with her as she shows the unit while you're still there -- and next time, discuss whether you'll remain in your rental before the end of the lease.

Q: I own and manage several single-family rentals. When I discovered widespread water damage in one of them, I had to relocate my tenants for two months while my crew and I did repairs. One evening after we quit work, a fire started and damaged the house. My insurance company tells me that because the house was vacant, my policy won't cover. I can't believe this -- can it be so? --Dale S.

A: You've encountered the "vacancy exclusion," which is commonly found in property insurance. This exclusion eliminates insurance coverage if the building was vacant for a certain number of consecutive days before the event leading to the loss or damage. This makes sense because unoccupied properties have no one around to notice and fix problems or to deter vandalism. Empty buildings face an increased risk of damage, whether from neglect or from property-related crime such as theft or vandalism. And that increased risk wasn't what the insurance company had in mind when it set your premiums.

Fortunately, buildings under construction do not fall within the "unoccupied building" elimination. Again, common sense tells you why: When a site is under construction, there should be plenty of workers around to deter crime, and neglect of the structure is unlikely. (Other kinds of accidents and damage can, of course, be caused by construction itself, and there's special insurance to cover that.) But your house was not exactly "under construction," as in "being built." You were engaged in repairs and renovation, and the question for you and your carrier is whether the work you were doing should bring you within the "under construction" exception.

The sensible way to figure this out is to think about what was going on at the property during renovations, given the reasons for the vacancy exclusion and the construction exception. If there was a crew of workers on the property every day, that's similar to what would happen if you were building a house. Your rental should be protected from neglect and vandalism just as any new construction. On the other hand, if "renovation" consisted of you and a handyman working for a few hours every Saturday, then arguably your rental was as good as vacant and your carrier might be justified in denying coverage.

State courts around the country have not uniformly embraced this sensible approach of focusing on the facts of the situation. Some courts have said "under construction" means "being built," and nothing else. If your carrier continues to deny coverage, it might be worthwhile to challenge its basis for doing so. An hour or so with a good lawyer may get you the answer you need -- and if the law is in your favor or at least undecided in your state, you may have a good shot at pressing your carrier for coverage.

Janet Portman is an attorney and managing editor at Nolo. She specializes in landlord/tenant law and is co-author of "Every Landlord's Legal Guide" and "Every Tenant's Legal Guide." She can be reached at janet@inman.com.

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Q: My foundation is cracked and the garage and steps are shrinking. My insurance company says it will not cover this kind of problem. The house was built in 1992, and I purchased it in 2000. I have been told that the foundation was cracked at that time and the sellers never disclosed this.

Do I have any recourse with the builder or sellers? I have been told the repair could cost as much as $45,000.

A: It is unfortunate that you have a cracked foundation, as well as other structural issues. I imagine that it will be quite expensive to fix these problems, although you should have a couple of contractors provide you with an estimate to repair the damage.

Before you panic about the cost, make sure you get estimates from at least three reputable contractors that can assist you in your foundation repair. Check out their references and see if they have any complaints lodged against them with the Better Business Bureau in your area. Once you have those estimates, you might find that the cost of repair is less than what you were once told.

Now, let's go back in time: Assuming the foundation was cracked when you bought the property (and that's a big if), you'd have to prove in court that the sellers knew or should have known about the problem and brought it to your attention. That's a pretty tall order in and of itself, particularly when you've lived in the property eight years and just now realized you have this problem.

Time may be against you on this issue. It has been more than eight years since you purchased the property and even if you could prove that your sellers knew of the issue and should have disclosed it to you, your right to sue the sellers may have long past. In most states, you have as little as one year and in others several years to bring a lawsuit against the seller for an issue like seller disclosure.

As far as recourse goes, you bought the home from the sellers, not the builder. By now, any warranty the original buyers received from the builder 16 years ago would have expired.

Now that you know about these issues, you will have to foot the bill to fix the problem because your homeowners insurance doesn't cover it.

I'm sorry I don't have better news.

Q: We recently purchased a home that had been foreclosed on by the bank. The terms of the purchase contract were for the property in "as is" condition.

The home inspection report did not say anything about the presence of mold in the house. The basement was a bit wet and stinking, but the Realtor told us that it was humidity coming up and that there was pet fecal matter all over the carpet causing the stink.

After we purchased the house and moved in, we called carpet installation people to put in new carpet. They informed us that there is a lot of mold in the basement that we needed to remediate first.

The mold remediation people inspected the basement and told us that the basement had been wet in the past (possibly multiple times) and the previous owners tried to paint over the mold areas to hide it. But the mold kept growing.

Is the seller (the bank) under an obligation to disclose the mold problem? Is this an action we can pursue against them even though it was an "as is" contract? Should the home inspector have found the mold and warned us about it? Can we pursue any action against him?

Finally, the Realtor said she thought it was humidity and smell from the pet fecal matter. I'm not sure if she genuinely thought it was humidity and pet droppings or she would have said anything to get the sale closed.

What are our options?

A: When you buy property in "as is" condition, whether it was previously foreclosed upon or not, you take the property in the condition that it is in. The action you should consider is against the home inspector who obviously missed a huge red flag (even YOU smelled something funny!). The agent is under no obligation to find out more about the condition of the home. That is your department. If the agent does know something about the condition of the property and doesn't disclose what he or she knows, then you may have grounds to pursue a case against the agent and his or her brokerage firm.

I don't know whether you used a real estate attorney to close your deal (someone that you hired to represent you, not someone you paid for who worked for the lender). If not, go find a good one and spend an hour discussing what, if any, legal options you have at this point.

If I had to guess, I'd say that you're going to have to foot a pretty big bill in order to get this property cleaned up and livable. Hopefully you paid a lot less by buying this foreclosure and you have the cash reserves in order to do what is necessary to make this house something you'd want to live in.

If you want to know what a good home inspection looks like, check out my 22 home inspection videos at www.ExpertRealEstateTips.net.

Clarification

In a recent column, a woman asked if she could use a "transfer on death" deed to transfer the ownership on her Florida condominium to her heirs so they wouldn't have to go through probate. I wrote that there were nine states that permitted real estate to be inherited through transfer on death deeds. I listed eight.

In fact, there are currently 10 states that permit real estate to be transferred by TOD deed, also known as a beneficiary deed: Missouri, Kansas, Ohio, New Mexico, Arizona, Nevada, Colorado, Arkansas, Wisconsin, and Montana. Minnesota will allow them beginning in August 2008, and other states, including California, are studying the issue.

To get even more valuable advice from Ilyce, visit her Personal Finance and Real Estate Center.

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Where's the bottom? Are Phoenix, Denver, Sacramento, South Florida and Las Vegas still in a tailspin? Is it time to make a run at a second home you felt you could never afford?

Perhaps we have been too driven and proud of the fact that 70 percent of all families in this country own their homes. In order to get there, lenders, real estate agents and consumers dipped into a "too easy" bucket where the value of ownership sunk to the same level of the cost of getting in the door -- zero.

Sadly, greed became confused with privilege. We are now feeling the results of too much credit being offered to poor or borderline borrowers, overeager investors betting on dreams of continued double-digit appreciation, and impassioned move-ups wanting more housing than they could realistically afford.

The housing specialist first to label and predict a "foreclosure tsunami" for several areas of the country now predicts another round of foreclosures by homeowners who can afford to make their payments yet choose to walk away from their homes. When and if they do in any significant volume, it could lead to a housing meltdown.

"Virtually everyone missed the fact that housing appreciation is far more powerful to keep people paying than the legal consequences of default," said Tom DiMercurio, a veteran of 38 years in the foreclosure business and former president of Fidelity National Asset Management Solutions. "For many folks in different states and different stages in their life, defaulting on their home loan makes economic sense."

DiMercurio was the brains behind BuyBankHomes, a site that provides foreclosure information to interested parties such as consumers, investors and real estate agents. He also started Denver-based The Mercury Alliance, which offers conventional REO sales, management services, plus Internet auctions, and Paradigm Default Services, an operational platform for lenders and real estate brokers.

A decade of cheap money and incredibly flexible loan programs offered by many lenders sparked overbuilding by lenders, a flip-and-run mindset for speculators, and unrealistic expectations for first-time home buyers blinded by the low payments of a short-term loan. While the equity gained by rising home prices can cover many ill-conceived loan mistakes, a flat or sinking market only compounds problems for lenders and owners.

Credit is now tighter and borrowers are being screened and actually scrutinized for the first time in years. Yet, given the developments of the past 15 months, the key to getting a critical flow back into the housing picture may mean revamping the entire once-conservative loan-qualifying process.

"I also believe, that given the size of the growing number of people that have been and are continuing to be foreclosed, there will be no growth in the number of home buyers/borrowers -- unless a foreclosure will be looked upon as a 'late,'" DiMercurio said. "In order to have any kind of loan growth in the future residential market, something less than even subprime credit must be made satisfactory to lenders. And it won't be easily substituted with down payment since values are also in the tank."

Values are not in the tank everywhere, but homes certainly are not rising quickly in value and they are taking longer to sell. Multiple listing service figures that show a drop in new listings must be filtered with the number of would-be sellers not wanting to compete in a slow or flat market.

Some sellers, especially those in some select second-home markets, continue to believe that they are in the driver's seat. A recent offer on a $739,000 home with three bedrooms and two baths in 1,440 square feet near Lake Tahoe did not even draw a counter from the seller when a potential buyer offered $669,000.

The buyer did his homework and made what he felt to be a generous offer. In seven sales in the immediate area from May 2007 through March 2008, the highest paid was $453 per square foot and the lowest price was approximately $370 per square foot. The buyer truly wanted the home and offered more than the highest price per square foot.

All real estate is regional. Blips and dips in one neighborhood can resemble a flat line just a few blocks away. But a return to a national "feel good" housing atmosphere likely is years away, not months. The components are varied and complex and certainly will not be sorted out this year. How is that even possible anyway when some people believe defaulting on your home loan makes economic sense?

To get even more valuable advice from Tom, visit his Second Home Center.

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Q: I have exposed 8-inch beams throughout the house and no attic. Is there some kind of attractive insulation I can put between the beams, not more than 4 inches thick, that will give me the maximum amount of insulation with the least thickness?

A: We don't know of any insulation that you can just tack up between the beams and have it look like anything but what it is -- cobbled together. But with a few more steps, we do have a good solution to give you much-needed insulation and an attractive ceiling.

Your description of 8-inch beams and no attic tells us that your house is probably one of the post-World War II homes built with beams for rafters, 2-by-6 tongue-and-groove Douglas fir for sheeting, and probably a built-up tar-and-gravel roof. The roof has probably been replaced with asphalt shingles, but the substrate remains the same.

Acres of these homes were built all over the San Francisco East Bay. An example is the Palma Ceia subdivision in Hayward, where street after street of semi-flat-top homes have covered the landscape since the 1950s.

To say these homes lack energy efficiency is an understatement. We're sure you cook in the summer and freeze in the winter. Insulating the ceiling will provide some relief.

There's no way we know of to economically get the R-38 ceiling insulation suggested for modern homes. But we can get you R-13. We recommend that you create bays between the beams to install batt insulation, then cover the newly insulated ceiling with drywall for a finished look. Here's how to go about it.

In this type of construction, beams are usually set every 4 feet, or 48 inches on center. There is no batt insulation that we know of that is this wide. Also, if you try to cover a 4-foot span with wallboard, it will bow. The solution is to create a series of 2-foot-wide bays to accept the insulation and to provide proper support for the drywall.

Install 2-by-4 blocking between the beams every 2 feet. Two-by-fours are 3 1/2 inches wide. Adding 1/2 inch of drywall reduces the reveal of the 8-inch beam to 4 inches -- enough to form an attractive pattern on the ceiling.

Start at the wall and nail a block between the beams. Measure 23 1/4 inches from the outside edge of the block and make a mark. Nail the next block on the mark between the beams. Measure 24 inches from the outside edge of the block you've just nailed and install the next block. Repeat the process until you reach the ridge. This pattern will ensure that the edge of an 8-foot length of drywall will get full purchase on a block.

Make sure to nail a block to the beam between each cross block to form a square. These act as a nailing strip so the drywall can be fastened to the ceiling on all edges.

With the blocking in place, install the insulation between the beams. Use a faced insulation and place the vapor barrier toward the living area. If you want to go green, environmentally friendly insulation made from blue denim is available. For more information on this product, check out links.sfgate.com/ZRR.

Next, install the drywall. Trim 8-foot sheets of drywall to fit between the beams. Use drywall screws to secure the drywall to the framing. Place screws every 6 inches on the edge and every 8 inches in the field. If you framed the blocking correctly, the edge of the drywall should cover only half of the last block. If it doesn't, just sister another block to the existing one so the edge of the drywall is fully supported. Tape, texture and paint the drywall and you're done.

We suggest you consider using a decorative molding where the wallboard and beams meet rather than trying to tape that small gap. Molding also eliminates the chance that a crack will develop where the beam meets the rock.

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There are walking trails, swimming pools and tennis courts. The landscape is well-maintained. If you didn't know better, you might think you were walking the grounds of a lovely resort.

If you ask Janet Heilman what she likes about Cinco Ranch, the Katy, Texas, community where she bought her first house 12 years ago, she'll tell you that the consistency of the community is the thing she loves the most. And, that there are good schools within walking distance.

Community is also very important to Michele Davis, who lives with her husband Joe and two children in FishHawk Ranch, in Tampa, Fla.

"It just had a feeling of kind of a small community," she said. "It is really convenient. We've got really nice grocery stores, drycleaners, coffee places and pizza places. It's not unusual for my husband and me to walk up to get dinner. There are concerts in the summer."

The big challenge in community design is creating something that will remain popular over time, planners say. It means following trends that emerge and mature and translating those into a design that works as the population evolves.

According to Robert McLeod, CEO of Newman Communities, in San Diego, says that leading a more active lifestyle has become one of the hottest housing trends, a trend that communities cannot afford to ignore.

"Hiking and biking trails are even bigger now. People also want active parks for ball games and outdoor play, and a lot of places to meet and greet (their friends), he explained. "I know when we've designed a lot of our interior trail systems, we include destinations. So you can walk down the trail a quarter of the way and then there's something there like an art object or a field of grass, where you can throw a Frisbee or play with your dog."

The idea of having a community center, a central building that acts as the center point for all activities in the community, has changed as well. McLeod says that people want smaller places to gather.

"They want places for their teenagers to hang out, and places for garden clubs and bridge clubs to hang out. In some of our communities, we've put in small movie theaters that seat maybe 30 people. Those have been really successful. Parents will bring their children for Saturday cartoons or the newest Disney movie. Guys like to get together to watch sports, and women have gotten together to have "chick flick night," he explained.

When thinking about community design trends for a huge, long-term development, you have to focus on long-term strategic planning, explains Robert Folzenlogen, director of Planning and Design for AllianceTexas, a 17,000-acre, master-planned, mixed-use development built by Hillwood Properties and located in north Texas.

Folzenlogen says he looks at the future trends of the market, the future political landscape, future infrastructure and land issues, and how the company needs to prepare for the continuing development of AllianceTexas.

"We see more people caring about the environment and wanting to do something right for the environment. The big component for the people we're trying to attract is the quality of materials from the buildings to the surroundings. Our future tenants also want to be part of a community and have the ability to walk to recreational retail and employment areas," he explained.

A future trend that is being closely watched at Pulte Home's Del Webb division is how active baby boomers are transitioning into very active seniors.

"We see a lot of active adults who are continuing to work. A lot more are working from home and longer in life. The integration of technology [into the home] has become very important to them. They want a chance to balance that with the recreational side of an early retirement," said Sam Colgan, president of Pulte Home's Phoenix west Valley Division.

Paying attention to future trends now allows communities to remain thriving as they age.

Good community design can solve a number of problems and give residents the opportunity to reinvent themselves.

"We have a lot of people who we sell homes to who say, 'I'm not a joiner or a club person. I like the golf course.'" And we check in with the same people many years later and they have a whole new group of friends. Their family status changes, but the social environment [of the community] allows them to continue on to the next stage of life," explains Colgan.

"It allows for the integration of the entire day in life of the resident. They're able to go from morning to night and engage in what they want to in and around the community," he adds.

When asked what life is like in Estrella, her community development in Phoenix, Jackie Lavin says, "It's like a dream come true. It's a small town, and homey. It has a rural feel due to the state land adjacent to us and acres and acres of walking and jogging paths."

She adds: "And the people are friendly, too."

To get even more valuable advice from Ilyce, visit her Personal Finance and Real Estate Center.

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Dear Barry,

This is not a question as much as a comment. You occasionally discuss how home inspectors inspect gas-burning fixtures. In my opinion, home inspectors are not qualified to inspect gas appliances -- period. Unless they hold the proper licenses to do actual work on those fixtures, they should not be inspecting water heaters, furnaces or other gas appliances. You would better serve your readers by advising them to use licensed contractors for inspections of gas-fueled equipment. That way, the person doing the inspection will have the necessary knowledge and the proper license to make educated evaluations and reliable recommendations. --Jay

Dear Jay,

If gas-burning fixtures should be inspected only by licensed plumbers and heating contractors, we will have to dismiss nearly all of the municipal building inspectors who inspect furnaces and water heaters on behalf of city, county and state building departments. Those building inspectors, the ones who give final approval for newly built homes, are code-certified, but very few are licensed plumbing or heating contractors.

Repair skills are not essential when searching for defects. A doctor need not be a surgeon to diagnose a disease. Likewise, a competent home inspector can identify mechanical problems, without the expertise to repair them.

A qualified home inspector who inspects furnaces, for example, should be able to recognize inadequate fire clearances for furnaces and flue pipes, improper gas line connections, irregularities in the color and pattern of a gas flame, rust damage in burner chambers, visible cracks in heater exchangers, inadequate combustion air supply, back-drafting of combustion exhaust, and much more. In some cases, home inspectors have identified defects that were overlooked by the contractors and the gas company technicians who serviced the equipment.

Home inspectors who take their profession seriously participate in ongoing education in all aspects of real estate inspection, including the evaluation of gas fixtures. The annual education conferences offered by national and state home inspection associations typically include seminars whose instructors are licensed heating contractors or experts from major gas companies.

Contractor licensing is appropriate for those who install and repair gas-burning fixtures, but it is not essential for those who inspect these systems for specific defects involving function and safety.

Dear Barry,

Last week, while house shopping, I attended an open house. The agent said there had been a home inspection but refused to show a copy of the report. If an inspection report had been done, wasn't the agent obligated to make it available for viewing? --Ed

Dear Ed,

If the sellers or their listing agent have a home inspection report for the property that is for sale, they would be foolish not to provide a copy to prospective buyers. Whether they are required to show a copy before the signing of a purchase contract is a matter that may vary from state to state. But refusing to show the report to prospective buyers is not a good way to build trust. In fact, it's downright bad salesmanship.

To write to Barry Stone, please visit him on the Web at www.housedetective.com.

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Q: My employer's son bought a house a few years ago and his name is the only one on the deed. He recently moved his girlfriend in with him. If she decides to leave after a few years, and her name is never put on the mortgage or the deed, can she legally take anything in the house that's not hers? Or, can she somehow get part of the value of the house if it is sold?

A: If her name is not on the title to the property and she has not contributed at all to the property financially, she does not own the property and should not be entitled to any portion of the proceeds if it is sold. But her rights might be affected by the state in which they live. If they live together long enough in some states, she can be considered his common-law wife and will have rights to the home.

Aside from the house itself, she may have some ownership interests in other things in the house. For example, if she bought a refrigerator for the house, she might well be entitled to take that with her when she moves. If she takes a faucet that came as part of the house, she is probably overstepping her bounds.

Please ask your employer to consult with a real estate attorney who can perhaps help his son explore his legal options.

Q: My husband took out a mortgage loan to buy our house after we married. He left me off the loan application because he said his credit was perfect and mine was not.

After the loan was processed, he said he would add my name to the deed by having me sign a "quick claim" so both of our names were on the deed rather than just his. We went to a title company and went through some paperwork and when I came across one titled "quitclaim" I asked what that meant because my husband called it a "quick" claim initially.

The title company representative who I was asking this of looked at my husband and my husband then interjected that this was the paper that would add my name to the deed and he had the name of it wrong. I again looked at the title company representative and he said, "Yes, that's correct."

I was a newlywed with an infant and considered myself happily married so I had no reason to not believe what I was being told. I signed it but have since been told that what I signed was a waiver to any interest in the property. My husband (now estranged) said first that he doesn't know why I had to sign that and then later that the mortgage company required it in order to process the loan. However, I signed it after the loan was a done deal.

If you could offer any clarification of what impact my signing that quitclaim has and what recourse I may have, I would greatly appreciate it.

A: The deed is called a "quitclaim" deed, not a "quick claim" deed -- although it's a common mistake people make. The purpose of a quitclaim deed is to transfer any ownership interest someone has in a property to someone else. I could quitclaim you the Sears Tower in Chicago -- except that I don't own it.

If your name wasn't originally put on the house, your husband might have executed a quitclaim deed to transfer ownership of the property from himself to the two of you. Or, if you actually owned the property to begin with (even if he told you that you didn't), you might have signed a quitclaim deed giving him your ownership interest in the property.

You say you were a newlywed with an infant when this occurred, but you should never have signed any legal document you didn't understand.

I don't know what document you signed. Do you have a copy of it? If the deed was recorded, you should be able to find it in the local registrar of deeds office and see what it says. Then, you should hire a real estate attorney to assist you in figuring out what you've done.

On the issue of the closing, it's not unusual to have a married couple or just one half of the couple (usually the one with better credit) apply for a loan. It is more common to have a husband and wife own a property together, but on occasion, only one of the spouses might be the sole owner of the property.

If you and your husband owned the property together and you subsequently refinanced the property, he might have tricked you into transferring your interest in the home to him at that closing.

That being said, if you were never an owner of the home, when your husband refinanced the home, the lender would have required you to waive your homestead rights to the property. That document would have been required by the lender for your husband to refinance the property.

But if he tricked you and had you sign over your ownership in the home to him and you are now having marital difficulties, you might want seek the advice of a divorce attorney who may be able to help you figure out what you've done and what you'll be entitled to if you and your spouse divorce.

At the very least you should have a better understanding of what your rights are under your circumstances particularly if your husband decides to sell the home and keep the money from the sale. You'll have a harder time finding the money than protecting your interests in the home should you decide to get divorced.

To get even more valuable advice from Ilyce, visit her Personal Finance and Real Estate Center.

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DEAR BENNY: I am one of the unfortunate who has to deal with eventual foreclosure. Can you tell me how long I can remain in my home until legally having to vacate? --Constance

DEAR CONSTANCE: Before the foreclose takes place, please talk to your lender -- and not just a low-level loan officer but someone high in the company. With all the foreclosures taking place throughout the country, lenders (at least the legitimate ones) do not want yet another foreclosure on their books. If no one buys at the foreclosure sale, the lender will be stuck with the house and will have to pay real estate taxes and insurance.

Also, check with your county and state governments. Many governments now have programs to assist borrowers who are in trouble, so you may be able to save your house.

How long do you have to stay in the house if it is foreclosed? Technically, you have to move out when the house is sold. But again, talk with your lender. They may be willing to let you stay for a period of time, if you can pay some rent. Lenders do not want houses to be vacant.

If the home is scheduled for foreclosure, I would attend that sale. Find out who bought it -- it may be the lender itself if no one bids. Then discuss your situation with the buyer; once again, you may be able to strike a deal with that buyer.

To my knowledge, although you have to move out, it has been my experience that many homeowners whose property has been foreclosed upon just stay in the house until eviction proceedings are brought, and then they move out.

DEAR BENNY: I live in North Carolina and my neighbor recently planted trees, two of which are on my property. Where do I stand? --Brian

DEAR BRIAN: I can't give you advice about North Carolina law because I don't practice law in that state. However, I suggest that you arrange to have a survey made of your property so that you will know exactly where your property line is. If your neighbor's trees are even one inch on your property, I would try to meet with your neighbor and discuss the situation with him or her. Be friendly; perhaps you can invite the neighbor over for coffee.

If the trees are on your property, you have the absolute right to demand that they be removed. If you do not object to those trees, then perhaps you can reach an agreement that the neighbor will maintain the trees. And while it may be a very small amount of money, you may want to ask your neighbor to pay the percentage of your real estate tax on which the trees stand on your property.

Finally, depending on your own state law, so long as you will not injure anyone or cause any property damage, you should have the right to cut down the trees if they are on your property.

DEAR BENNY: I'm a 66-year-old female living in California. I'm divorced and own three homes -- two rentals and one primary residence. I plan to leave my children an equal interest in my real estate holdings upon my demise. I do not have any other investments, savings, IRAs or holdings worth mentioning.

I need to generate a living trust, but keep postponing it due to the cost. I ran a search online and saw that one can order the necessary paperwork for the price of $149. I am a Realtor (retired) and would be able to obtain prelims on my properties myself.

What do you think? Would it be binding? --Marianne

DEAR MARIANNE: I cannot recommend that you use what is generally referred to as "off the shelf" legal documents that you can get on the Internet. These documents are general in nature, and may not be specific for your needs.

Since you have the ability to assist a lawyer, I am sure that you can negotiate the attorney's fee. But I strongly recommend that you consult a local attorney who understands real estate and living trusts.

DEAR BENNY: I presently have a Starker (Section 1031) exchange with my brothers invested in a rental property. We had this set up for about five years. If we sell the whole property, can it be divided into three shares with each one of us owning one share for another exchange? It is hard to work with three owners when we live in different areas of the country. --Marilyn

DEAR MARILYN: If the property is in the name of a partnership -- instead of in your three individual names -- then when the property is sold, you either have to pay the appropriate capital gains tax or do another exchange. The new property (called the replacement property) must be in the name of the partnership.

If, on the other hand, the property is titled in your individual names, then when it is sold, each of you has the right to enter into another exchange on your own (or pay the tax and keep the balance of one-third of the sales proceeds).

If the property is in the name of a partnership, here's a tip: In the year before the property is sold, formally dissolve the partnership and put the property in the name of the three of you. Then, next year, you each have the right to do with your one-third as you so desire.

DEAR BENNY: I purchased a townhouse in my brother's name until I resolved my financial difficulties. He already owns several properties. I am not really benefitting from this transaction. My intent is to have him transfer ownership to me this summer.

How do I get my name on the deed and the mortgage? --Janet

DEAR JANET: Your brother will have to deed the property to you. You and your brother will have to explain the situation with the current mortgage lender. They may be willing to allow you to assume the obligations of that mortgage, and they may also release your brother from his obligations.

Much depends on the lender and the kind of loan currently on the house. If it was an ARM (adjustable-rate mortgage), the lender may be willing to cooperate with you. On the other hand, if the existing mortgage contains a lower rate of interest than is currently available, the lender will probably not allow you to take it over.

If you have cleared up your credit, and can qualify for a mortgage on your own, then it may all work out alright. If you are unable to qualify, ask your brother if he will guarantee the loan. This may convince the lender to allow the transaction to take place.

But your brother should consult a tax accountant to determine any tax consequences he may have when he transfers the property to you.

DEAR BENNY: My tenants are divorcing. I received a 30-day notice from the husband. His spouse was not part of the 30-day notice. She would like to continue renting the property. My concern is that she does not have a job, and will be able to afford the rent only from monies received from spousal or child support. Her mother (who lives out of state) has offered to cover the rent if this becomes necessary. What should I do: create a new month-to-month tenancy? Who would be named? What precautions should I take? --Monica

DEAR MONICA: I would recommend that you enter into a new lease with both the current tenant and the mother named as the tenants. Make sure that the lease states that the tenants are "jointly and severally" responsible for paying the rent. This means that each tenant is legally obligated to pay the full monthly rent.

How long a term should you have? That really depends on you. If you think that the tenant will take good care of the house -- and that with the assistance of her mother, the rent will be paid timely -- then why not consider a year's lease? The mother may be concerned that a month-to-month is too short a period of time.

DEAR BENNY: Are title examination and loan origination fees legitimate or just junk fees? --Lee

DEAR LEE: There are some consumers who believe that most, if not all, of the lender's charges are "junk" fees, which means that they are not necessary for the settlement (escrow) process, but are primarily used to increase the lender's profits.

For years, lenders would charge between $50 and $75 for a credit search. As a result of litigation on this matter -- and the fact that everyone can get a free credit report at least once a year -- lenders now charge a lot less for the credit search.

Loan origination fees are, in my opinion, junk fees. But in most cases, if you want to get a loan, you will have to pay this to the lender. You should try to negotiate this fee as well as all other charges when you begin the loan application process.

The title examination, on the other hand, is legitimate. The mortgage lender is going to give you a large sum of money and wants to make sure that your house will serve as good collateral to secure the loan. You will sign a deed of trust (the mortgage document), which will be recorded among the land records in the county where the house is located. This document gives the lender the right to foreclose on the house if you cannot make the monthly payments. But if there are other lenders -- or other clouds such as tax liens or mechanic's liens -- on title, the new lender will not have the security that it needs. So a title search must be obtained to satisfy the new lender that it will be in first position against your house.

Benny L. Kass is a practicing attorney in Washington, D.C., and Maryland. No legal relationship is created by this column. Questions for this column can be submitted to benny@inman.com.

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In a perfect world, houses wouldn't deteriorate over time. In reality, the wear begins as soon as a house is built. Older houses tend to have more maintenance issues. But, even new homes can develop problems within a few years if they were poorly constructed.

Most homes are inspected for damage caused by wood pests -- such as dry rot, termites, fungus, decay and wood-boring beetles -- before they are sold. Who pays to correct the damage -- buyer or seller -- is often subject to negotiation.

In a hot seller's market with a high percentage of multiple offers, buyers frequently buy "as is" regarding known defects to better their chances. This was common several years ago when home prices were rising rapidly. At that time, owning a home was more important than the condition of the property.

One problem with buying "as is" with respect to pest work is that it's easy to overlook the fact that the work needs to be done. Many buyers who bought "as is" in recent years have not taken care of the pest repairs.

These buyers who are trying to sell in today's market may find they have less equity than they thought they had. Not only have home prices declined in many areas recently, but today's home buyers are unlikely to buy "as is" regarding a large pest bill that was passed on from the previous owner.

HOUSE HUNTING TIP: In soft markets, buyers are more prone to factor in the cost of curing deferred maintenance into their price. Ideally, sellers should have pest work done before they put their homes on the market. This removes the need for negotiation over pest repairs. Plus, the houses in the best condition that are priced right for the market are the ones that sell.

It's not always possible for sellers to have pest work done before marketing their homes, either due to shortage of time or funds. In this case, make sure that you have presale inspection reports done before you market the property and price it to take into account the cost of the repair work.

Also, you should make every effort to have the house looking as good as possible. In a soft market, sellers have a lot of competition from other sellers. Even if you can't replace a shower or a rotted mudsill before you market the property, at least have it showing at its best. This will get buyers interested in the property, particularly if the list price reflects the work that needs to be done.

There is nothing wrong with buying a property in its "as is" condition as long as you have complete knowledge of the work that needs to be done. But, it is essential that you factor in the cost of the necessary work and ongoing maintenance. Many buyers overlook this and later discover that they can't afford to continue to own their home.

It's rare that every item on a pest report needs to be done immediately. But, at some point the deferred maintenance needs to be corrected.

Ask your inspector to prioritize the items on the report in terms of urgency level. A deck that's rotted to the point that it's unsafe should be replaced as soon as possible. However, if the bathroom floor needs replacing, but poses no danger, you might want to hold off having this work done until you remodel the entire bathroom, if that is in your game plan.

THE CLOSING: In fact, in this case, replacing the floor would be a waste of money.

Dian Hymer is author of "House Hunting, The Take-Along Workbook for Home Buyers" and "Starting Out, The Complete Home Buyer's Guide," Chronicle Books.

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(This is Part 2 of a three-part series. Read Part 1, "Why good faith estimate needs overhaul.")

Last week I reported favorably on one part of HUD's current reform proposals. A new and substantially improved good faith estimate (GFE) would make it easier for borrowers to shop alternative loan providers (LPs). The proposed GFE along with new rules as to how it must be used will also eliminate critical weaknesses of the current GFE that encourage opportunistic pricing -- the practice of charging as much as you can get away with.

The current GFE is an open-ended list of settlement costs with no meaningful subtotals, encouraging lenders to invent new charges. Further, all of the charges on the current GFE are "estimates" subject to change, the only barrier to abuse being the "good faith" of the LP. In all too many cases, charges are raised in bad faith and there is nothing that HUD can do about it.

In the proposed GFE, settlement costs are divided into three categories. Category one includes all charges by the lender and mortgage broker, tabbed "Our Service Charge," and government recording and transfer charges. At settlement, these charges must be the same as those on the GFE. This rule is completely appropriate regarding lender's own charges; it is also long overdue. Charges by governmental entities are another matter, and my experience suggests that these charges belong in category two, where the LP has a little latitude.

The second category now consists of services provided by third parties who are selected or identified by the LP. The most important of these is title insurance. The total of such charges can be as much as 10 percent higher at settlement than the total shown on the new GFE. This limit is better than no limit, but it doesn't touch the dysfunctional system that makes third-party settlement services far more costly than they should be. I comment on this further below.

The third category consists of services that the borrower has elected to shop among service providers not selected or identified by the LP. It includes homeowners insurance, which borrowers typically purchase on their own, and it can include title insurance if the borrower solicits title agencies on his own. These charges are not subject to any limits on price increases. This is a reasonable exemption.

To help borrowers police their own transactions, HUD has proposed to change the HUD-1 closing document so that it corresponds closely with the new GFE. It will then be easy for borrowers to compare the final charges on the HUD-1 with those on the GFE. Good idea.

HUD also intends to seek authority to require that the HUD-1 form be made available three days before closing, rather than one day, which is the current requirement. Another good idea, but they ought to include the mortgage note in this requirement. There is no excuse for forcing borrowers to confront a complicated contract for the first time at the closing table.

The most disappointing part of the proposed new GFE is that it leaves untouched the odious network of relationships between loan providers and third-party service providers, which raise the cost of these services to borrowers. Mandating that a title charge of $1,000 on the GFE can't be more than $1,100 on the HUD-1 closing document doesn't accomplish much if the charge ought to be $300.

While it is not possible to know what the charge would be in a properly functioning competitive market, we do know that the perversely competitive markets we have now encourage high prices. Competition is perverse when service providers market not to purchasers but to the entities who refer the purchasers to them. The LPs who refer mortgage borrowers to third-party service providers share in the overcharges -- sometimes legally, sometimes not.

The remedy is well-known and well-tested. It is to require lenders to pay for all services that they require from borrowers. If lenders want title protection, they should buy it and pay for it, passing the cost to borrowers in the rate and points. The cost passed through will be a small fraction of what borrowers pay now, as lenders are large and knowledgeable purchasers who can buy in bulk.

This is not a pie-in-the-sky idea. Indeed, since Bank of America adopted it last year, it can be viewed as an industry "best practice." Yet HUD, despite its legal mandate to lower settlement costs, ignores it. If this reflects HUD's concern that they will receive no support, they are surely mistaken. If it were placed on the table, community groups would have to support it. How could they not?

To be sure, the mortgage bankers would oppose the idea because trade groups can't advocate best practices without alienating a major segment of their membership. But the fact that a leading lender has adopted it voluntarily and successfully will make it difficult for them to argue that the market will collapse.

Next week: How broker charges are handled in the new GFE.

The writer is professor of finance emeritus at the Wharton School of the University of Pennsylvania. Comments and questions can be left at www.mtgprofessor.com.

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Building a deck remains one of those perennial favorite projects. A well-built deck definitely adds to the enjoyment of your home, while also adding resale value. With a few carpentry skills and tools, the construction of a basic -- or even not so basic -- deck is something that's well within the reach of most do-it-yourselfers. And there's something about that combination of fresh air and fresh sawdust that's irresistible!

Every deck, no matter the size, style or complexity, consists of two basic components -- the underframing (including the foundation) and the decking. If the deck sits up off the ground very much, you can add two additional components as well -- a railing and a set of stairs.

As with any home improvement project, construction begins on paper. Whether you do the design yourself or enlist the aid of a designer, lumberyard or home center, the design needs to incorporate all of the structural elements such as the size and layout of the support piers and framing lumber. If your deck will have stairs and a railing, that design should be included as well.

FOUNDATION AND UNDERFRAMING
This is the structure that supports and braces the load of the deck and its occupants, and while it's rarely seen, it's actually the most important part of the entire structure. Due to its location, where it's in close proximity to the ground and also subject to water runoff from the deck above, pressure-treated lumber is typically the best choice for this part of the project.

Typically, construction of the deck begins with the layout, digging, and pouring of the concrete piers or footings that will support the deck. Smaller decks can often utilize precast pier blocks, while larger decks may require piers that are sunk into the ground to a depth below the frost line. Galvanized steel brackets imbedded in the concrete provide a convenient and stable attachment point for the transition from the concrete to the faming lumber.

If the deck is attached to the house, the next step is installation of the ledger. The ledger provides an attachment to the house, and serves as the starting point for the deck framing. A ledger is typically made of the same size and type of material as the deck framing, and it's important that it be securely bolted to the house's structural framing.

It's also important that the ledger be level and at the correct height, depending on where the finished deck will be in relation to the house. For example, if you will be stepping out a door and directly onto the deck, the ledger should be located at a distance below the door that is equal to the thickness of the decking material you'll be using.

Using the ledger as a reference point, the rest of the framing takes off from there. Using string lines, a laser level or other means to establish their location in relation to the ledger, the support girders are installed next. The girders are supported by posts attached to the piers, and are installed perpendicular to the direction of the joists.

The final underframing step is the installation of the joists. These are installed perpendicular to the direction that the decking boards will run, and rest on top of the girders. They are also attached to the ledger at one end. Since the decking is typically installed parallel to the house, that means that the joists would be perpendicular to the house, intersecting the ledger at a 90-degree angle. Galvanized steel joist hangers are the most common method for attachment and support of the ends of the joists where they meet the ledger. Depending on the size of the deck, blocking and/or bracing may be required as well.

If your deck is freestanding and is not attached to the house, the overall construction process is pretty much the same. However, since a freestanding deck lacks the rigidity of the house to anchor one side, it often requires some additional bracing to stabilize the framing.

DECKING
With the basic framing complete, you can now move on to the installation of the deck boards, which are laid perpendicular to the joists. The most common attachment method is to screw down through the board into the joist below -- don't use nails, which have more of a tendency to work loose as the framing dries out. If you would prefer not to see the screw heads, there are several different methods of concealed fastener installation -- check with your designer or a local lumberyard for options that will work best for your particular deck design.

For the best appearance, use the longest boards possible so that you can eliminate some of the end-to-end joints. For example, on a 16-foot deck it's preferable to use 16-foot boards instead of two 8-foot boards. If the deck is large enough that joints are required, stagger them between successive rows by a minimum of two joists. For example, a 24-foot deck might start with a row of two 12-foot boards, followed by a row made up of three 8-foot boards. This will look better and be a little more stable than a row with one 10-foot and one 14-foot board.

Remodeling and repair questions? E-mail Paul at paulbianchina@inman.com.

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In 19th century America, the only way an architect could view historic architecture was to go see it firsthand (usually on another continent), or else find engravings of it in books. Because architects of the era were much less likely to travel than their modern counterparts, engravings ended up being their usual reference. Mind you, the engraver unavoidably put his or her own spin on the thing they were illustrating, and this subjectivity, along with a frequent lack of historic context, made it hard for architects to get a real grasp of historic styles -- one reason for the almost cartoonish nature of so much Victorian architecture.

All this changed in the 1890s with the introduction of the halftone process, which used thousands of tiny, variously sized dots to reproduce the full tonal range of actual photographs. For the first time, photos could be faithfully reproduced in mass publications such as magazines and newspapers, without the subjective distortions of the engraver.

The National Geographic was among the first magazines to replace line engravings with halftone photographs, but architectural journals were also fairly quick to make use of the new process. As early as 1898, The American Architect and Building News published a popular series on Colonial architecture. After World War I, when many mainstream architects and builders became smitten with Europe's vernacular architecture, photo features of historic architecture began going further afield.

By the 1920s, architects were routinely referring to trade journals packed with photographs of European vernacular buildings, whether English, Spanish or French. In 1926, Architecture magazine began a regular series of portfolios featuring authentic renditions of traditional European vernacular details such as iron railing, garden pools and window grilles. Spurred by such information, architects explored increasingly exotic styles, whether Moorish, Indian or North African.

The Depression and the advent of World War II put an end to America's (fascination) with European and exotic architecture, and for the next half a century, trade journals instead published equally influential photo spreads on what they presumed to be the future of architecture: Modernism.

Ironically, while traditional detailing is once again all the rage, modern renditions of historic styles -- or for that matter, copies of 1920s revival styles, which were themselves copies -- seem both less erudite and less charming than the originals. Decorative features such as columns, arches and moldings are misused, overused or carelessly thrown together in ways old-time practitioners would have found laughable. This problem is merely troubling in modest tract houses, but epidemic in expensive custom homes, whose larded-on detailing is at once overblown, graceless and clumsily proportioned -- much closer to Victorian-era pastiche than to the refined revival styles of the 1920s and 30s.

Despite the blizzard of information to be had on the Internet, we architects seem to have a much lazier grasp of traditional design than did our predecessors. Today's brand of pastiche strains to evoke the easy charm of tradition, but more often the result is plain old bedlam. It's a far cry from our colleagues of the 1920s, who composed their "informal" designs with utmost care, and who always kept an eye on their faithful photographs.

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Q: When I was 22, my father purchased a condominium for me. He put it in both of our names. After approximately five years, he paid it off in full.

I have recently been sued both corporately and personally. Approximately one month prior to being served, my father wanted my name off of the property, so I filed a quitclaim deed to remove myself from the property and give him full ownership.

A month prior to the hearing, a pending lien was placed on the property by the plaintiff. A final judgment was awarded to the plaintiff, who has stated that he intends to proceed with post-judgment efforts, which include filing a motion to go after the condominium now owned by my father. Is this possible?

A: It is absolutely possible. You owned a property with your father. It can be assumed that you owned one-half of the condominium. When you were sued the plaintiff put a "lis pendens" on the condominium. That is a notice to all that the property you own is subject to possible action due to continuing litigation.

That notice meant that any subsequent owner of the property would take title subject to that litigation. If the litigation were successful, any subsequent owner might lose the property depending on the judgment awarded and the value of the condominium.

In your case, you tried to transfer your interest to your father, who paid for the property, thinking that you could shield it from the judgment levied against you. Unfortunately, now that your father owns your half, he could lose that half to the plaintiff in your litigation.

Much more fundamental to your case is the fact that you probably transferred your one-half interest in the condominium to your father without your father paying you for your interest and with your father probably having knowledge of your litigation problems.

When a debtor -- that would be you -- transfers an interest in property to another person without getting paid, your transfer could be said to be a fraudulent conveyance. Most states recognize that a creditor has the right to go after a debtor's assets for debts he or she owes the creditor. If the debtor disposes of his assets to prevent the creditor from getting to them, the law protects the creditor. Those fraudulent conveyance laws would say that the debtor's transfer of an asset to avoid the grasp of a creditor should be taken away from the person that received them.

Since your father did not pay you for your share of the condominium, when you transferred your share of the condominium to him and received nothing in return, it may be construed by the courts that you were trying to defraud the creditor.

If your father had paid you money for your share and that payment was what you would have received if you had sold your share to a stranger in a good-faith transaction, the transfer would not have been fraudulent. However, the cash you received from the sale would then have to be paid to those named in the judgment.

In your case, even if your father had paid you, the litigation notice had already been placed on the property and it was too late to sell the property without adverse consequences once you lost your case.

The only way your father might prevail in his case against the plaintiff is to prove that your name was on title in name only but that your interest in the condominium was minimal. Since you were on title, you had to have owned something. Generally if you own real estate as joint tenants, you and the other tenants are deemed to own the property in equal shares. The question would then be whether you owned the property in equal shares or not.

If you did not own the property in equal shares, you would need to have some documentation to prove your ownership stake in the property. That would be your share that would be lost to the plaintiff. If you can't prove that you owned something less than the presumptive one-half share, that one-half interest is at risk.

The plaintiff can attempt to have the half interest sold or force your father to pay them off to clear the title.

You would be wise to talk to an attorney about your situation.

To get even more valuable advice from Ilyce, visit her Personal Finance and Real Estate Center.

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