Steven Navaro’s Answers

Steven Navaro

Castle Rock Real Estate Attorney.

Contributor Level 9
  1. I have been struggling to keep my home. If my house is not worth what the loan is can I legally do anything.

    Answered over 1 year ago.

    1. Michael T Millar
    2. Steven Navaro
    3. David Lloyd Merrill
    3 lawyer answers

    You may benefit as part of a class action settlement reached with the 5 biggest lenders and the attorney generals of 49 states. Please review what the WV attorney general can do to help you if your loan is with CitMortgage, Wells Fargo, Chase, Bank of America or GMAC/Ally. here is the web site that you should review. http://www.wvago.gov/press.cfm These lenders are required to assist homeowners that are upside down in their loans. If you qualify, this may be your best bet until the market...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. The gas co. informed me the wall heater is unsafe. can my landlord refuse to fix it and expect me to still pay rent w/o heat?

    Answered over 1 year ago.

    1. Michael Raymond Daymude
    2. Kevin Lewis King
    3. Steven Navaro
    3 lawyer answers

    A faulty wall heater is a very serious safety issue. Your landlord cannot refuse to fix it; toherwise there is no way to provide heat. Failing to fix a wall heater is not only a health and safety violation because of possible carbon monoxide poisoning, but it is also grounds for termination of the lease, based on a warranty of habitability. If you wish to stay there, I would recommend writing to the landlord and demanding that the heater be repaired or replaced immediately. I would also...

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  3. Is there a way to legally have rights to a house without being on the title?

    Answered over 1 year ago.

    1. Steven Navaro
    2. Valentine C. Castillo
    2 lawyer answers

    One possibility is that your boyfriend could give you a deed of trust on the home for the amount of your contribution. He would sign a promissory note to you with terms that are agreeable to both of you. If you record the deed of trust, then you would have a security interest in the property. A second choice is to get a written agreement between the two of you that you have contributed money to the property, and that it would be repaid within a certain time frame or upon certain events,...

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  4. What is the process for changing legal residency when homes are owned in 2 different states?

    Answered almost 2 years ago.

    1. Stephen Clark Harkess
    2. E Dwight Taylor
    3. Steven Navaro
    3 lawyer answers

    The above responses to your question are both correct. In addition, if you occupy one house for more than half the year, even if only by a couple days, that can legally be treated as your domicile for tax purposes.

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  5. How is 2nd mortgage affected in Quit Claim Deed? Xhusband will sign QCD to allow me the chance to keep home. 1st mort behind

    Answered over 1 year ago.

    1. Amar Anand Agrawal
    2. Steven Navaro
    3. Michael T Millar
    3 lawyer answers

    A Quit Claim Deed only conveys whatever ownership rights the giver of the Deed had. Because your name is not on any of the mortgages, you would not have any liability to those lenders. However, if you wish to keep the home, you will need to bring all back payments current. Before you accept the Deed, get the permission of the bank who holds the 1st to allow payments by you, even though you are not the Borrower. Most of the time, the bank would rather get payments then foreclose on the home....

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  6. Can i be sued and paycheck garnished if my house goes into foreclosure

    Answered over 1 year ago.

    1. Steven Navaro
    2. M. Todd Miller
    3. Michael T Millar
    3 lawyer answers

    A Quiet Title action can be complex and involves areas of the law that most lay people are totally unfamiliar with. I would highly recommend an attorney, at least so that you can understand what issues are at stake. You may be able to resolve the issue without need for a trial, but it is important that you understand all of the ramifications.

    2 lawyers agreed with this answer

  7. I just won an auction (11/12) where the HOA foreclosed on a home that the owner signed back to mtg co 6/12 . What's my rights?

    Answered over 1 year ago.

    1. Barbara Billiot Stage
    2. Steven Navaro
    2 lawyer answers

    You must be careful when purchasing HOA liens that went into foreclosure. Usually, a HOA lien is JUNIOR to a 1st mortgage, and will not wipe out the 1st mortgage. In some states, the HOA may have a "super lien" for a certain number of months dues. If the Lender and the HOA did not enter into a Stipulation for LIen Priority during the HOA lien foreclosure, then you may in fact have extinguished the 1st mortgage. However, if a Stipulation was entered into, then the 1st mortgage will stay on...

    2 lawyers agreed with this answer

  8. I was named as a party defendant on a foreclosure notice to my ex-husband on his current home- what does that mean?

    Answered over 1 year ago.

    1. Steven Navaro
    1 lawyer answer

    You are being named because you are a creditor against your ex-husband and your judgment lien was probably recorded in the county where the house is. You probably do not need to worry, but the foreclosure means that your ex may lose the house, and your judgment will no longer attach to it. However, if the balance on the loan is low, you might want to see if you have redemption rights as a creditor. That would mean that you would have to pay off the foreclosing lender and could end up as the...

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  9. Mortgage scam help

    Answered over 1 year ago.

    1. Steven Navaro
    2. John B. Reilly
    2 lawyer answers

    Contact the RI Attorney General's office. Someone there should be able to help you.

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  10. Does my friend need a real estate attorney and can she get a sale to Fannie Mae Rescinded.

    Answered over 1 year ago.

    1. Justin Drayton Graham
    2. Karren Melinda Kenney
    3. Charles Michael Standard
    4. Douglas Charles Michie
    5. Steven Navaro
    5 lawyer answers

    Unfortunately, once a property goes to sale, it is almost impossible to unwind the foreclosure, absent fraud. While it is regrettable that your friend lost an opportunity to purchase the home, perhaps she should start fresh with the new Owner. Fannie Mae is probably not the party to speak with. Contact the foreclosure attorney who conducted the sale and explain the situation to him. Lenders are usually glad to find a buyer interested in the property. It is helpful if your friend has been...

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