Steven Navaro’s Answers

Steven Navaro

Castle Rock Real Estate Attorney.

Contributor Level 9
  1. Is it legal for county to declare my property a wetland then take an arial right of way without my consent?

    Answered almost 2 years ago.

    1. Shawn B Alexander
    2. Steven Navaro
    3. Alan James Brinkmeier
    4. Alison Moss
    4 lawyer answers

    Without going into particulars, governmental authorities have the right under a theory called "eminent domain" to take private property that would serve a better public purpose, like safety. However, they must pay you fair market value for what they are taking. You should actively participate in this process, which usually requires public meetings.

    9 lawyers agreed with this answer

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  2. Can One Raise the Defense of Fraud if They Have Proof that a Bank Had Robo-Signed Documents in a Foreclosure Complaint?

    Answered almost 2 years ago.

    1. Antonio Alonso
    2. Jonathan Hackworth
    3. Jeffrey Alan Klein
    4. Evan A Nielsen
    5. Steven Navaro
    6. ···
    6 lawyer answers

    Failure to verify the truth of the documents needed for foreclosure (which is what robo-signers did) and failure to witness signatures (which is what the notary publics at the bank did) are a legitmate defense against foreclosure, but must be articulated properly before the Court. Providing a forged Note is, as you said, a fraud on the Court, and grounds for dismissal. As suggested below, these are very complex defenses and should only be raised by counsel competent in foreclosure defense.

    7 lawyers agreed with this answer

  3. Is it legal for single mom to buy a 1 bedroom condo or apt, or any other purchase, and as owner, live there with my 2 daughters?

    Answered over 1 year ago.

    1. Steven Navaro
    2. Robert John Murillo
    2 lawyer answers

    Generally speaking, this should not be an issue, since your daughters are obviously family. However, the Condominium rules may govern how many unrelated guests can occupy a condominium, so when you purchase, you should read through the covenants (rules) of the community you are buying in. Make sure you use a Realtor, who is required to make sure that you are provided with all of the appropriate documents before you purchase. They do not charge a buyer generally for their services, and it is...

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  4. When you are served papers of summons in forcible entry and unlawful detainer I tried to pay rent but it was refused what to do

    Answered almost 2 years ago.

    1. Steven Navaro
    2. Stephen Clark Harkess
    2 lawyer answers

    Generally speaking, if the Landlord is accusing you of breaking the lease for something other than nonpayment of rent, they must give you a written notice of violation before they bring an action for eviction. If they refused your payment of rent, then are filing an ction to evict for nonpayment of rent, the judge will probably dismiss the case. However, you do need to file an answer and show some proof that you tried to pay the rent. If you are on a month to month tenancy, they can pretty...

    4 lawyers agreed with this answer

  5. My landlord hired a new property management company, who immediately made changes to my lease without my consent.

    Answered over 1 year ago.

    1. Steven Navaro
    2. Elizabeth Rankin Powell
    2 lawyer answers

    Once a lease is signed, it becomes a contract between you andthe landlord. If there have been no violations of the lease on your part, then the management company cannot unilaterally change the terms of your lease. If they insist, then I would recommend hiring a lawyer to speak with them. You do not have to pay more, or on different terms than what you agreed to in the lease.

    5 lawyers agreed with this answer

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  6. Is this verbiage in a property management agreement fair for the client? or is there better verbiage?

    Answered almost 2 years ago.

    1. Barbara Billiot Stage
    2. Carol Anne Johnson
    3. Robert Jason De Groot
    4. Steven Navaro
    4 lawyer answers

    I have seen better clauses, and worse clauses. This clause seems to strike a balance, albeit slightly in favor of the Agent. You can always add "except where contravened by State statutes or law" to give you some protection where Agent liability might be held for other circumstances.

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  7. How do i deal with getting rid of the second mortgage after a forclosure?

    Answered over 1 year ago.

    1. Stephen Clark Harkess
    2. Paul M. Gaide
    3. Steven Navaro
    4. E Dwight Taylor
    4 lawyer answers

    In addition to the explanations given above, you should be aware that the 2nd mortgage holder could file a lawsuit against you for the amounts that they claim are due. If they do, and win in court, they could obtain a judgment and proceed to collect on that judgment. Your first step is to not ignore any debt collection calls, but to notify them in writing that you dispute the debt and request a full accounting, including the current owner of the debt.

    3 lawyers agreed with this answer

  8. Question regrding significiant other and his ex girlfriends and their jointly owned home.

    Answered almost 2 years ago.

    1. Stephen Clark Harkess
    2. Steven Navaro
    2 lawyer answers

    The answer depends partially on how title is held. In CO, ownership is typically either joint tenancy or tenancy in common. In either case, since your significant other is an Owner, he is free to allow anyone he wants to live in his house. I presume that he is making 100% of the house payments. Should the ex-girlfriend insist that the house be sold, then she would be entitled to some portion of the home equity, based on her contribution to the purchase, but that does not preclude your right...

    2 lawyers agreed with this answer

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  9. My landlord wants to treat my apartment for bedbugs. We dont have them, but a neighbor does. Treatment is to "prevent spread. "

    Answered almost 2 years ago.

    1. Steven Navaro
    1 lawyer answer

    In most leases, the landlord has the right to make repairs with reasonable notice to the tenant. Most likely, pest control would fall under that category. Rather than refuse his request, explain your sensitivity to chemicals to the landlord, and check to see if there is a professional service that can do this without the use of chemicals. If there is, recommend that service to him. Refusing to allow the landlord access could be construed as a breach of the lease, but you would not be...

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  10. Do I have a case for wrongful foreclosure based on "standing" if assigned trust can't prove they had timely endorsed note?

    Answered over 1 year ago.

    1. Ryan Thomas Strickland
    2. John P Fazzio III
    3. Steven Navaro
    3 lawyer answers

    You may wish to read my article on Avvo regarding foreclosure defenses and what works and what doesn't. However, it does sound as if something fishy is going on. I would highly recommend hiring a good foreclosure defense attorney in GA who is knowledgeable about securitization, the role of MERS and the issue of standing. Generally speaking, a Borrower does not have standing to claim a violation of a PSA (pooling and servicing agreement) between a lender and the trustee of the trust)....

    4 lawyers agreed with this answer