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Steven Navaro

Steven Navaro’s Answers

99 total


  • Do I have legal recourse for return of my security deposit from a new landlord after the previous landlord sold the property?

    I gave appropriate notice of moving and vacated premises in 12/23/11 to then landlord who was in process of selling property. After moving, the secretary sent request for refund to old and new landlord. No one responded. It has been 1 year. The ...

    Steven’s Answer

    Technically, the old landlord transfers all deposits that he is holding to the new landlord when he sells the property. However, because you gave notice and vacated the property prior to the sale, it is not clear who holds your deposit. Most states require that the landlord holding the deposit must notify you of what happened to your deposit within a legal time period. While I do not know what the laws are in OH, they typically run from 30 to 60 days. You did the right thing by contacting both landlords about your deposit, and I find it problematic that you did not receive a reply from either landlord. You may have a claim against whatever landlord held the deposit for failing to provide you with an accounting. I would recommend seeking advice from a local attorney to review whether you have a good claim.

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  • I really need your good advice. Me and my fiance are buying a house and he refuses to put my name on the deed. Right now I dont

    have a job, but will be working in the nearest future. He wants me to help him with bills and everything and already talking about how I gonna cut the grass... Is it just me, or you too have a feeling that something is completly wrong here? He exp...

    Steven’s Answer

    If a loan is needed to purchase the home, there may be good reason to not include you on the loan, since you are currently unemployed. It may also have something to do with how he views your long term relationship with him. Your best bet is to speak candidly with him about your concerns. If he agrees to some arrangement, even if it is in the future, you should put it in writing and both sign it. Part of living in a home is maintaining the property, whether you are a renter or an owner.

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  • Notice of Sale

    Can I file an restraining order to stop the notice of sale on a house?

    Steven’s Answer

    It is not as simple as that. One you have received a Notice of Sale, if you wish to stop the foreclosure for valid reasons, you will need to get an emergency temporary injunction and explain those reasons to the judge. If you are behind in your payments, the judge will most likely allow the sale to proceed. If you believe that the party foreclosing does not have the authority to foreclose, that could be a valid defense. If you really want to halt the sale, you need to act quickly to get a good foreclosure defense attorney to represent you. I wish you the best results. Foreclosure is a highly stressful event.

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  • I own a house in Indiana but now live in Arizona. Which states foreclosure laws apply? Recourse or Non-Recourse.

    As stated, I now live in Arizona but own a home in Indiana. Three tenants and thousands of dollars later in costly repairs, (In only a year) and I have had it (financially and mentally). We have worked really hard to repair are credit and don't wa...

    Steven’s Answer

    First, foreclosure law always applies based on the state that the property is located, not where your personal residence is. Given what you have stated, the foreclosure would be in Indiana. I believe that Indiana is a judicial foreclosure state, which means that the foreclosure will have to go through the Court system. This gives you an opportunity to contest the foreclosure in Court, but could be costly. If the lender obtains a judgment against you in IN, the judgment can be enforced in AZ as a foreign judgment.
    Mailing in the keys does not do anything for you, as the lender has no obligation to accept them or to accept a deed-in-lieu. In fact, the Lender faces potentially increased liability by doing so.
    I find it amazing that the lender will not work with you. If your loan is with Chase, CitiMortgage, Wells Fargo, Bank of America or Ally/GMAC, they are required to work with you as part of a major settlement agreement, in which the IN Attorney General participated. However, the home has to be your primary residence, which does not appear to be the case here.
    I would highly recommend a good foreclosure defense attorney in IN to help guide you through the various alternatives available to you. There is help out there. You are one of millions in the same boat. Good luck!

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  • If we let our house go into foreclosure how can we keep them from taking our other property?

    We own two properties. One we live in and the other our son lives in. We want to let the big house go because it is killing my husband who is driving over 3000 miles a week to pay for the two. I can not work because of health problems. We owe more...

    Steven’s Answer

    Talk to your lender on the big house about a Deed in lieu of foreclosure. In the alternative, talk to them about a loan modification to reduce your payments. The key to all of this is to open the lines of communication between yourselves and your lender before the problems become any bigger. To protect your other house, I would move title into the name of an entity where you and your husband are the sole members or shareholders. Your lender may not like it, but since you personally signed on the loan, their risk is not impaired, and the lender on the big house will not be able to attach it.

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  • Is there a right of redemption in a non judicial foreclosure ?

    After the notice of default was sent can i prevent the trustee sale by filing a wrongful lien notice?

    Steven’s Answer

    Generally, a non-judicial foreclosure will be governed by the statutes of the state where the property is located. Filing of a wrongful lien notice will not stop the Lender from foreclosing, although you can try to raise that claim when the foreclosure starts and the lender receives authorization from the Courts to proceed with the foreclosure. After that point, you may need to file a quiet title action and seek an injunction to stop the foreclosure process. Unless you have solid proof of your claim that the lender is not authorized to foreclose or that the lien is in some way invalid, chances are not good that the Courts will grant an injunction. If you believe that the lien is not proper, I highly recommend that you seek the assistance of legal counsel well versed in wrongful foreclosure defense.

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  • Can I be sued?

    I had a friend stay with me a total of 4 nights. As a house guest. Due to our verbal agreement I had to tell her to leave on the 5th day She showed up the next day with the police Even though I told her she was welcome to her things. And told ...

    Steven’s Answer

    With friends like that, who needs enemies? Your friend was an invitee for the 4 nights that you mentioned. Beyond that, she is considered a trespasser, because you had no written agreement with her, and was staying beyond the time offered. Should she sue you, you will prevail in court. I would send her a written notice that she has 3 days to remove her belongings from your storage unit, or they will be set out or collection or given to Goodwill. Tell her that you will accompany her to the storage unit to remove her belongings at an agreed upon time within the three days. After that, she is on her own. Your friend is taking advantage of you and your friendship with her.

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  • What does " and et al" mean when after my name in public notice of foreclosure.

    what does and et al mean after my name in public notices. why did they not include the wife's name also as it is on the deed and all mortgage documents? Thanks

    Steven’s Answer

    et al is Latin for the term "and others". It is commonly used in publications to indicate that there are more people other than the people listed who are Plaintiffs (or Defendants as the case may be) in the lawsuit. They probably do this to save on publication fees.

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  • Is there a statute of limitations to filing a property deed

    a "Gift of Deed" was given by a grandfather to a caretaker (of 20 years) in June of 2004 and she had it recorded at the courthouse on Oct. 23 2012 after he was admitted to the hospital. he passed away on November 18, 2012. the deed consists of the...

    Steven’s Answer

    • Selected as best answer

    To my knowledge, there is no statute of limitations on the recording of a deed that was properly signed and notarized. The problem with stale deeds, is that a risk is run if the party giving the deed deeds the property to someone else before the gift deed is recorded. That does not appear to be the case here, in that the deed was recorded before the grandfather passed away. The effect of recording the deed is that it no longer is part of the grandfather's estate, and the will does not control the property. The heirs may contest the transfer, but since the will was written before the deed was signed in 2004, they most probably will not prevail.

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  • I have a tenant that has not paid rent in over six months. He has a month to month tenancy.

    Can I terminate the lease by virtue of a 15 day notice, then sue in small claims for the back rent once he moves out? Or, if he fails to move out, then file a count i and count ii eviction. help please.

    Steven’s Answer

    Post a notice to vacate within 15 days. The follow up with a Summons and complaint for the back rent and possession. In order to get any monetary damages, you may have to have the papers served personally on the tenant, rather than by positing. At least that is how it works in CO. You may wish to hire a private process server to get the papers served. It is well worth the money and it can get done quicker.

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