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David E. Nykanen

David Nykanen’s Answers

11 total


  • I am being sued for not being able to pay my second mortgage. My house was foreclosed on and I don't have the income to pay the

    entire balance off. I own a company and don't have any income from this. How should I respond to the complaint?

    David’s Answer

    The foreclosure of your first mortgage extinguished the LIEN of the second mortgage, but it did not extinguish the debt. If you do not respond to the Complaint, a Default Judgment will be issued against you and in favor of the lender. The lender will then be able to pursue you for payment, including issuing garnishments against your income and/or bank accounts, and other methods. You should respond to the Complaint by hiring an attorney and attempting to negotiate a payment plan, if feasible. You may also want to consult with a bankruptcy attorney.

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  • What are reasonable expectations of a tenant when landlord is selling leased property?

    We are 9 months into a 1-year lease on a house that has just been put on the market. The landlord has agreed to 24 hours notice before showings, and we have agreed to keep the place as tidy as we can. The landlord is beginning to make subsequent...

    David’s Answer

    The answer to this will be controlled by two things: (1) the language of your lease; and (2) North Carolina law. I am not licensed in North Carolina, but I can tell you that TYPICALLY, state laws would not cover this issue, and it would be governed by the language of the lease. I suspect the landlord does not have the right to force you to "declutter," and may not even have the right to have showings without your consent. I would carefully read your lease, and contact a local attorney or legal aid clinic for additional assistance.

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  • Tenants split up and one left rented furniture and want me to let the rental company in to return it...

    My tenants fought and one signed a thirty day notice, the other is staying. The one who left rented a bed previously and left a message asking me, the landlord, to let the rental company in to remove the bed. I cannot get in touch with the remaini...

    David’s Answer

    Once the tenant surrendered possession, assuming he signed a Judgment of Eviction, or notice surrendering possession, he has no remaining right to possession of the property. This is his problem, not yours. I would notify him that you can not let the rental company in, as you have no current right of possession for the property, and that he should deal with the remaining tenant. And do it in writing or e-mail, not verbally.

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  • Can my landlord keep harassing me for after rent payments?

    I have a fixed utilities bill with my landlord. Each month I pay my rent on time and then 15 days later she sends me a letter threatening me because I went over my utilities limit and there was an extra charge. I have spoken with her multiple time...

    David’s Answer

    Your landlord likely believes she has to continue sending those letters to protect herself. I would suggest to the landlord that you amend the lease to provide that the utilities overage will be included in the following month's rent.

    If she is not amenable to that, I would ignore the tone of the landlord's letters, and simply pay her what you are obligated to pay her. Note: I am not licensed in NC, and there may be a specific statute that the landlord is relying upon, or that impacts this scenario.

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  • Good Morning. Our business has been on a month to month lease. With our rent payment, we gave him a 30 day notice.

    14 days later, he locked us out of his building to not retrieve our things and he is now claiming we owe him 2k. We have not been late on rent and are wondering what measures do we take to get our things back, our deposit, plus the rest of the ren...

    David’s Answer

    Landlord-Tenant law is very state specific, so I would advise you to contact an attorney in Texas. However, generally, state statutes prohibit "self-help", i.e. locking out a tenant. In addition, in many states the Landlord would be required to go to court and obtain a Judgment of Eviction prior to changing locks. If the Landlord did lock you out, you may have legal recourse to obtain possession, and for damages, if any.

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  • How to change the name that appears on a property's title?

    The property's title now has the name of a corporation the owner want to change it to his name.

    David’s Answer

    • Selected as best answer

    You would need a deed from the corporation to the individual. If there are other shareholders in the corporation, there may need to be consideration paid. If not, a quit claim deed for $1 may be sufficient. However if there is a title policy upon which you want to rely, you may want to consult an attorney. Also, if there are either transfer taxes or a transfer for property tax purposes, you may want to consult an attorney to see if there is a way to structure the transaction to avoid these issues.

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  • What would a real estate lawyer do in this case?

    My parents are helping me purchase a house by basically loaning me the money which I will repay. It's a cash buy from overseas (but with an American bank), but they are concerned b/c they haven't bought a house with cash before. What would a real ...

    David’s Answer

    I'm not clear on what you mean by a "cash buy from oversears (but with an American bank), so I can't address that part of the question. It appears there are two transactions here:

    1. The purchase of the home. You would want a purchase agreement. A lawyer would want to review the purchase agreement, review any surveys, the title work, and the closing documents, to protect the purchaser.

    2. The loan from your parents. Your parents may want a mortgage against the home, to secure their debt, in the event anything were to happen to you. Also, by using a mortage, you may make the interest payments on the loan, if any, deductible on your taxes.

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  • I bought a 2011 honda accord. I didn't read before i signed the contract. The dealer didn't explain to me clearly how much each

    option cost. He put in the wrong selling price on the contract. I got the car for a week. They refused to take out the options because I already signed the contract. What should I do to make them take all of the options out.

    David’s Answer

    The fact that you did not read the contract before you signed it is generally irrelevant. The law generally concludes that if you signed a contract, you are agreeing to all of its terms, regardless of whether you ACTUALLY read the contract. It is POSSIBLE you might have some remedies under state consumer protection laws. Depending on the amount in dispute, you may want to consult with an attorney.

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  • Who is held responsible for a defaulted loan with two signing individuals?

    My friend co-signed a loan for his wife that was defaulted on, and now he is having 25% of his wages garnished - she has nothing withheld/garnished. Why is he the only one being held responsible for the owed money?

    David’s Answer

    If the friend is having his wages garnished, that means he was sued, and a judgment was entered. A garnishment order can't be obtained until a judgment has been entered. Did the lender sue the wife as well? Are they still married? Theoretically, if both signed, then they are jointly and severally liable, which means the lender can go after 1, the other, or both, at his option. Your friend could, theoretically pursue a contribution action against the wife for her share of the debt.

    This question is a bit odd, as most lenders would pursue all collection sources. I suspect there's more to this story than you have shared. .

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  • Can I file an affidavit of death of a joint tenant with the County Recorder in state of michigan?

    my husband passed away a few years ago and I need to transfer my condo deed that we jointly owned to my name so I can put it in my trust. What forms do I use to do this?

    David’s Answer

    First, record a copy of the death certificate with the Register of Deeds. Second, execute and record a Deed from yourself to your living trust. This Deed should reference the previous recording of the death certficate, referring to its Liber and Page. Alternatively, you can attach the Death Certificate as an exhibit to the deed to the trust, and reference it.

    Confirm that you are the present beneficiary of your trust, so that the Taxable Value of the condo is not inadvertantly uncapped.

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