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Benjamin Kirke Sanchez

Benjamin Sanchez’s Answers

292 total


  • Ignored fire claim

    My apartment home recently caught on fire and the smoke detectors did not go off. The property was recently bought out and the new management hasn't done an inspection. It's been about a year. I have been very patient and they have not done anythi...

    Benjamin’s Answer

    Did the complex know that the fire alarms were defective before the fire?

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  • Whatsteps can do if an eviction is already filed for my apartment

    Hi, I moved to mesquite,tx because i wanted my son to closer to families and so i only had 2 month left before my lease is up, My friend told me she will move in and paid the two months for me but came to find out she didnt and she also put a dea...

    Benjamin’s Answer

    If you don't want the eviction on your record, you should pay the rent and file a small claims suit against your subtenant. Additionally, you can initiate your own eviction action against your subtenant, but make sure you follow the rules in the Texas Property Code.

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  • If I'm asking my apartment complex for a corporate number, can they refuse to give me the number?

    my apartments are infested with raccoons, fleas, millipedes, ants, termites, spiders, and some new insect that i can't identify. Ive been complaining about this and i can't get any relief. they come and spray and it kills one species and seems to ...

    Benjamin’s Answer

    Make sure you do everything in writing with either a receipt of the letter by the management office or certified mail. If you want to claim constructive eviction, it all needs to be done in writing that you can prove later.

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  • Can the lender/service foreclose on a property while a lawsuit is already initiated against it and defendants are notified?

    Lender/servicer trying to foreclose a property but plaintiff (homeowner) has initiated a law suit against it and the lender/servicer has been served/informed about the law suit. There is a good chance for the plaintiff to win based on severa...

    Benjamin’s Answer

    You should seek a temporary restraining order and temporary injunction from the court where the lawsuit is filed in order to block any foreclosure action.

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  • Do I need a real estate attorney?

    I am buying a condo from an individual seller. Do I need a real estate attorney to draft a real estate purchasing contract?

    Benjamin’s Answer

    Condo purchases are a beast into their own, especially considering laws and regulations applicable to condo associations. I strongly urge you to hire a local attorney who has experience in condo purchase transactions.

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  • Defendant trying to contact plaintiff indirectly? Is it allowed? Can the defendant speak/contact the plaintiff anyway?

    In a civil lawsuit, the plaintiff is being contacted by one of the friends/family friends of the defendant in a ambiguous way. Some of the defendant's friends/contacts are trying to contact the plaintiff in the disguise of new business prospects a...

    Benjamin’s Answer

    Doesn't sound like it's illegal. You don't have an attorney, and these people are not asking about the case.

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  • Does my mother in law need a real estate attorney?

    Her husband and her got divorced the deed us in both their names but they got remarried he never changed the deed is the property still hers even though he is now deceased?

    Benjamin’s Answer

    The divorce decree should answer the question of ownership. Take a look at that first.

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  • Can I sue the insurance company?

    The company I work for has worers comp. I got hurt at work, braking my foot. I did sign a bonnified job offer. And returned back to work with many restrictions. My supervisor was aware of the restrictions. I ended up getting told to do to jobs tha...

    Benjamin’s Answer

    No, you can't sue the insurance company.

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  • How can I get my tenant out of my house.

    My tenant hasn't paid rent for the month of aug. She has extra ppl living in the house, changed the locks & add pets. She says even if her lease is up the 31st of August 2015 she's not leaving and that there isn't anything I can do about it becaus...

    Benjamin’s Answer

    You won't have the tenant out by September 1st. You must file a three-day eviction notice prior to filing an eviction suit. Although you can handle this yourself, it may be better to hire an attorney.

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  • Judgment Lien

    If a creditor receives a favorable judgment on me but the judgment order does not make any mention of any judgment lien at all, is it safe to assume that there is no judgment lien on my property or any asset as of the judgment order date?

    Benjamin’s Answer

    A judgment itself is not a lien. Once the judgment is filed in county public records (usually real property records), the judgment lien is created.

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