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Cameron Royal Kelly

Cameron Kelly’s Answers

63 total


  • Business property and real estate

    The third noteholder is trying to foreclose but payments have been made current on the first and second. Not paying everything on the third but still paying and the loan term has ended so the third lienholder is trying to foreclose. What can be ...

    Cameron’s Answer

    Assuming that the loans are still in the same order that you describe, if the third mortgage holder foreclosed, they will take the property subject to the first two mortgages. The best thing to do is to work with the third noteholder to try to work out an extension. If the payments you have been making are substantial, it likely that the bank would rather have a continued stream of payments than the property back on their books. They may be willing to work with you, but communication is the key.

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  • Is a lease for an appartment binding if only one of the two people on the lease signed it?

    me and my boyfriend and i were going to rent an apartment in Bradley Beach, NJ. I signed the lease and he did not. we decided not to take the place less than 48 hours later and notified the landlord. Now she is suing me. was the lease binding sin...

    Cameron’s Answer

    More than likely you will be held liable for the terms of the lease. Keeping in mind that you may ultimately be responsible for the entire cost of the lease, I would recomend that you retain a local attorney to help you litigate the matter or negotiate a settlement.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

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  • Can a land lord back out of a lease already signed

    we both signed the lease and it was effective as of 2 days ago and now he wants to back out

    Cameron’s Answer

    I agree. If you asked out of the lease, the least that the landlord would ask for is a buyout. Let the landlord know that you plan to move in on the date designated in the lease. If he locks you out, or won't give you the keys, bring him to housing court.

    The thing to watch out for here is that depending on the situation you may have to deal with your landlord quite a bit over the term of the lease. Being firm but polite may keep the situation tennable over that time.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

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  • Cna I get my damge depopsit back?

    John and Joanne are upset because the landlord has not returned their damage deposit. Lucy Lessor sublet the apartment from John and Joanne but damaged the property during her stay. John and Joanne believe that Lucy should be responsible for the d...

    Cameron’s Answer

    Well told. You may have a future in creative writing.

    Unless the landlord released J&J from their obligations under the lease, J&J are likely still responsible for the terms of their lease. The landlord will collect the damages from the most convenient source. If that source is J&J, then their remedy is to enforce the terms of their contract, sublease, with LL.

    The way to prevent this if you engage in similar contracts in the future is to require LL to deposit money for a damage deposit with you, or to ask the landlord to release you from your obligation in exchange for the new tenant.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

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  • What to do about interior unit damage, caused by outside HOA and/Property Management neglect

    had rain water come under the outside wall of our closed in florida room,every rain for some time now, ruining our carpet and the interior wall, may now have moisture Damage, rot and very possibly Mold, due to HOA & property management negligenc...

    Cameron’s Answer

    First look at your association documents to see who has the responsibility to maintain the exterior surfaces of the condo. If it is the association's responsibility, go to the board and demand that the repair take place. Be careful; although exterior work is often the responsibility of the association, there is also often a corresponding provision allowing the association to charge repairs back to the benefited homeowners.

    As for the damage, it is common for condo units to be insured in part by the association, and in part by the owner. For example, the exterior of the building, roof, siding, etc. may be insured by the HOA. The interior should likely be insured by the homeowner. As a member of the association, you have a right to view the association documents and records. Get a copy of the insurance policy and see whether there is coverage in place.

    If the association is digging in their heels, and it sounds like they are, you will benefit from hiring an attorney to enforce your rights under the declaration.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

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  • Change Deed??

    Our home we live in is mtg free, The house we have that is now in foreclosure has the mtg and is vacant. Should we send the loan company keys and would it be good idea to put our current mtg free home in my grandsons (3 yo) name by Quit claim de...

    Cameron’s Answer

    Talk to an attorney in your area about whether mortgage companies have been actively pursuing a cash for keys program. The idea behind the program is that the mortgage company saves fees and costs by securing the voluntary release of a property from the former owners. The reason it is worth mentioning to you is that before you give up the keys for free it is worth seing whether the mortgage company is willing to pay for the same action. Look into it before you make a decision.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

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  • Tenant will answer eviction notice, but lie about why he shouldn't be evicted.

    I had an oral agreement with the tenant that he would repair the damages done by a former tenant, in return for 2 weeks free rent and no security deposit. On another occasion when I gave him a 3 day notice, he said that he would tell the judge I d...

    Cameron’s Answer

    I have found with my clients that when they act professional, and remain composed they will appear more believable. If you are acting indignant, or as though you are being wronged, you are more likely to seem irrational. So, the first thing to do is stay calm.

    The judge also will likely have a busy calendar. If you go into past events with no explanation, he or she may try to immediately bring you back to the issue at hand. With this in mind, it is important to lead into the past threats by saying something like, "Your honor, in order to give you a bit of context about the tenant's nonpayment of rent, it is important to know that the tenant and I had an agreement where he was going to complete a repair on the property in exchange for two weeks free rent. Since the agreement, he has failed to complete the repair, and has also failed to pay the rent for that time period..." Also let the judge know that the client has threatened to commit purjury if you attempt to evict him.

    Keep in mind that, depending on the nature of the repairs, the tenant may have a right to withold the rent. Normally this occurs where the property is not habitable or is in violation of state or local regulations.

    Also, the terms of the oral agreement may not be admissible, so don't be too surprised if the judge does not let discussions of the oral agreement come into the hearing.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

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  • To remove an ex-spouse from a deed, is a quit claim all that is required.

    My spouse and I divorced last year. I had already refinanced the house under my name (removing her from the mortgage). Due to a series of unfortunate events, I can no longer afford the house (it has been sold at sheriff's sale earlier this month)....

    Cameron’s Answer

    • Selected as best answer

    I share the concerns of Mr. Tupitza. Normally a bank isn't interested in letting you revinance unless all of the owners of the property are party to the mortgage. If your interest in the property is the only one that was mortgaged, and your ex-wife is still in title, you may have some room to work with the bank on getting this resolved.

    Normally you would record a copy of the divorce decree or a summary real estate disposition judgment following a divorce. An attorney would be able to help you pretty easilly with this. Given the complexity of the other issues you describe I would strongly recommend you talk to an attorney as soon as possible.

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  • Do I need a real estate attorney?

    If a landlord abandoned there home after I moved out, do they still have rights to it?

    Cameron’s Answer

    It isn't entirely clear what you are asking based on the brief description, but I can think of at least two possible meanings. The first one that comes to mind is whether you could possible obtain title to the property based on your occupation, or the abandonment of the landlord. The second is whether the landlord's abandonment of his or her obligations somehow waive their right to receive rent.

    The short answer to the first question is that in the short run you will not obtain title based on the abandonment of the property by the landlord.

    As for the second question, whether your landlords actions or lack of action would waive hi or hir right to receive rent would depend largely on the specific conduction. I would recommend either posting more detail or contacting an attorney in your area who would be willing to give you a free consultation.

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  • With a revocable living trust how long do you have before you have to sell the house or be penalized?

    with a revocable living trust created in May of 2005 and my mother passing away in Aug of 2009 how long do you have to settle the entire estate?? In particular I am asking about her house. Does it have to be completed within one year or just a re...

    Cameron’s Answer

    The best answer to your question is likely contained within the document itself. I would recomend that you review the administrative powers contained within the trust to see how it deals with the powers of the trustee generally, and specifically relating to real property. Occasionally a trust will specify a time for disposing of real property. If it does, these specifications should be followed by the trustee. More often, the trust will give the trustee the power to retain property for as long as the trustee deems advisable, and will also contain language allowing the trustee to convey, mortgage, etc. the property. If the trust contains this type of language, the trustee will have the flexibility to keep the proeprty for a reasonable period of time, and will not be held to normal probabe standards.

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