Steven Navaro’s Answers

Steven Navaro

Castle Rock Real Estate Attorney.

Contributor Level 9
  1. Notice of Sale

    Answered over 1 year ago.

    1. Steven Navaro
    1 lawyer 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...

    2 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Douglas Garth Edmunds
    2. Scott A Macleod
    3. Steven Navaro
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Steven Navaro
    1 lawyer 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...

    2 lawyers agreed with this answer

  4. Does a business employee have to tell you a way to contact the owner of the business for a complaint?

    Answered over 1 year ago.

    1. Steven Navaro
    1 lawyer answer

    I would recommend as a first step that you contact the KS Secretary of State to learn who the legal owner or registered agent is for that business. Then I would write a letter to that person at the address provided, sent by certified mail, and describe the reasons for your complaint. You should also provide a way for that person to contact you, including a phone number and/or email address. Most Owners want to learn about complaints so that they can take whatever appropriate action is needed...

    2 lawyers agreed with this answer

  5. Real Estate Transfer

    Answered over 1 year ago.

    1. Scott M Rothman
    2. Steven Navaro
    2 lawyer answers

    There is no simple answer to your question, without knowing your current financial situation and that of your children. Any transfer of ownership can be a taxable event to you. Perhaps you might consider adding your children (as tenants in common) together with you in joint tenancy. That way, upon your death, the children would automatically become the sole owners of the property and would receive a step up in basis for your share, avoiding all taxes and probate issues. However, that is just...

    2 lawyers agreed with this answer

  6. Is it lawful for a real estate leasing agent to ask deposit check be written in his name instead of owner

    Answered over 1 year ago.

    1. Michael Raymond Daymude
    2. Steven Navaro
    3. Pius Joseph
    3 lawyer answers

    Generally speaking, it is often the case that a Landlord hires a real estate leasing company to find a tenant. If that is the case, there is an "agency" between the leasing company and the Owner, and the deposit would be made to the leasing company, but not the leasing individual himself. Be careful, ask for documentation showing the company's authority to lease the home on behalf of the Owner, and if this guy has been associated with real estate fraud, I would look for a different home.

    2 lawyers agreed with this answer

  7. Everything i have read about using a quit deed in order to add ny daughter name to my property deed?..

    Answered over 1 year ago.

    1. Steven Navaro
    1 lawyer answer

    If I understand your question correctly, you are wanting to know how to add a daughter to the deed on property that you already own. The simplest way is to pick up a standard Quit Claim Deed used in NM and show yourself (and whoever else is currently the Owner) as the Grantor, and yourself + your daughter + whoever else is on the original Deed as the Grantee. Consideration can be $1 and other valuable consideration (it cannot be left blank). Then sign the Quit Claim Deed in front of a Notary...

    2 lawyers agreed with this answer

  8. I owned a property in Florida a few years ago that went into foreclosure, now they're after my UK home. Can they take it?

    Answered over 1 year ago.

    1. Timothy Alan Coe
    2. Steven Navaro
    3. Peter Hills Acker
    4. Jed R Prest
    4 lawyer answers

    If you lost your home in foreclosure in FL, one of 2 things happened. Either the abnk bid the full amount that they were owed, and you owe them nothing, or they bid less than the full amount (called a deficiency bid). Some states prohibit collection on a deficiency in foreclosure, but I am not sure that FL is one of those states. Nonetheless, the bank must then file a separate lawsuit for the unpaid amount within the time period allowed by law and get a judgment against you. Then it must...

    2 lawyers agreed with this answer

  9. Home foreclosed during active duty.

    Answered 12 months ago.

    1. Keith Alan Gantenbein Jr.
    2. Steven Navaro
    3. Steven Anton Marczeski
    3 lawyer answers

    You are correct that a wrongful foreclosure likely has occurred. Foreclosure laws require a Rule 120 hearing, where the lender affirms that you are not in active military service. It sounds like that was not the case, and therefore the foreclosure should not have proceeded. As a result, it appears that they caused additional damage to you as a result of that wrongful foreclosure. I specialize in foreclosure law, and would be glad to assist you. My office is in Castle Rock.

  10. Is vehicle registration considered a license in Colorado?

    Answered over 1 year ago.

    1. Adam L Weitzel
    2. Steven Navaro
    2 lawyer answers

    I agree with the above attorney. A Court will probably read "a valid license" to mean a valid license plate, which requires a paid up vehicle registration and evidence of a current sticker on the plate, rather than " a valid [driver's] license, which is impossible to ascertain merely by looking at the vehicle. A person can have a valid vehicle license and not possess a valid driver's license (if the driver's license has been revoked by the Court as an example).