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Steven Navaro

Steven Navaro’s Answers

99 total


  • Can a Property Mgmt Co. deduct money from security dep for normal wear and tear. Are they obligated to prove the damage?

    I vacated a property on 10/29. I got the balance of my security deposit back yesterday, the 30th - the LAST possible day they could send it to me. T.R. Lawing, the Property Mgmt Co. has deducted for damages (a scratch on the refridgerator that I ...

    Steven’s Answer

    You have a right to contest the deductions made from your deposit, but unless they were significant, it may not be worth the headache. Normal wear and tear is not allowed to be deducted from a deposit. You were entitled to do a walkthrough prior to turning in the keys, but it sounds like that did not happen. If a walkthrough had been done, you may have been alerted to issues that could affect your security deposit. Otherwise, there is no obligation by the landlord to notify you in advance of the deductions they have applied. If the deduction for the scratch on the refrigerator seems excessive, you may wish to discuss this with the property management company to see if something can be worked out or if they have a receipt for the actual repair costs.

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  • 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?

    A HOA foreclosed on a property in November 2012 that the owner signed back to the mortgage company in June 2012. If the Mtg Co did not pay the hoa dues after getting the home back, were they in essence forclosed upon, too? Do I have the right to...

    Steven’s Answer

    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 the property.
    Regarding the Owner deeding the property back to the Lender, unless the Lender consented to a Deed in Lieu, they have no obligation to accept the Deed transfer or to consider the Loan satisfied by the Owner's actions.

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  • We have an underwater mortgage. Can we walk away and let it forclose while moving into a rent to own home without recourse?

    They have refused to let us modify from low credti scores after 6 months back and foreth. We had refinanced too many times jue to credit balances we could not meet. Spouse had gambling problem that is under controll. We live in South County St L...

    Steven’s Answer

    While I generally do not recommend walking away from a mortgage, sometimes there is no other alternative, particularly if you have already tried to get a loan modification from your lender. If you do not plan on stopping any foreclosure, then I would stay put it you have to leave, and save up funds for the time when you have to leave to rent a new place. If you can find a home that has a lease option, preferably with Owner financing (given your inability to qualify for conventional financing), that may be a viable option down the road.

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

    Can they change terms of the lease without my consent? Can they change payment terms without my consent? If need be, would this be grounds to void the lease??

    Steven’s Answer

    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.

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  • Can my landlord shut my water off after 2 mos. nonpayment rent becaue of divorce.

    My husband moved us into a rental without consulting with me, after 3 weeks he left me for another woman, and now I'm left to fend for myself, and have no income at the moment due to a knee operation. Landlord has sent the police to my house, and ...

    Steven’s Answer

    It is illegal to shut off the water to an apartment. If you have not paid the rent, the landlord can begin court proceedings to evict you, but shutting off a necessary service, like electricity, heat or water, is treated as an unlawful constructive eviction. You may need legal help. Contact your local legal aid society or local landlord-tenant hotline to get some help.

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  • 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?

    I know that if i rented we would have to have a 2 bedroom per renters' rules but. I want o buy a 1 bedrm (oldest daughter will be gone in 2 yrs. so it is investment for me to have own home). Just want to know if it's legal for me to share a one bd...

    Steven’s Answer

    • Selected as best answer

    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 well worth it. Good luck!

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

    I have been divorced for 5 years and my ex-husband's bank is filing for foreclosure on a property he bought after our divorce. They mention me because of a child support judgment for our child. I get paid by the county we live in through deducti...

    Steven’s 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 owner.

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  • My two year old was attacked by a friends pit bull at their house I'd like to sue the insurance myself how would I go about it?

    His eye was bitten his ear was almost ripped off his neck was bitten his chest he was in hospital for a week needed surgery I was very bad me and his father was very messed up over this of course.thanks for your time Candace

    Steven’s Answer

    Candace, you need to contact a personal injury lawyer to help you on this matter. Your neighbor is liable for anything that happens on his property, and most states hold an owner of a pit bull to be strictly liable for any injuries caused by the dog, as it's behavioral characteristics are well documented. Do not go this alone. Many personal injury attorneys will work on a contingency fee. Good luck, and I hope that your son is recuperating from this traumatic incident.

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  • Does a spouse name have be on a transfere of a deed if only the husband name is on the deed?

    a has only the husband name on a warranty deed and sold the home..

    Steven’s Answer

    The short and sweet answer is NO. Only the person who's name is on the Deed must sign when the Deed is being transferred to a new Owner.

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  • In real estate transaction, a sibling place a lien on property after a contract is signed. holding up closing. how to remove?

    after contract was signed, one sibling found out that the lien she thought was on property was not. It is money she claims was paid by her years ago on behalf of estate. Now she won't close unless lien is satisfied. Siblings say not a valid lien.

    Steven’s Answer

    If the lien is for a nominal amount, I would go ahead and pay it rather than lose your buyer. This might even be true if it is a larger sum, if the closing is important. You would have legal recourse against her even after the sale if the lien is found to be bogus, because she is tortiously interfering with your contract, and there is most likely a law in FL: that prohibits fraudulent liens.

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