Brandon Kavanagh's Answers

A retail lease I am considering signing lists- my name first, Dba: my business name. We are incorporated so how should it read?

You need to get the lease corrected to say that the tenant is "A1 Jewelry, Inc., a California corporation" and the signature line needs to show your position with the company next to your name with the name of the company either above the signature line or right below it. As the other posters have said, signing in your personal name d/b/a A1 Jewelry will open you up to personal liability. Mr. Chen pointed out that you may still have to sign a personal guaranty, which is generally the...

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Should I get a written withdrawal of "10 day notice of termination" of my apartment rental agreement?

You should not have to do anything if the leasing office has "torn up" the original notice since that would have been the proof of the basis for termination of the lease and then eviction (legally called "forcible entry and detainer"). If you would like to be extra safe, you could ask for a short note from the leasing office on their letterhead saying that the notice dated ____ has been withdrawn. If you want to write that note yourself, that is really what you need to focus on - identifying...

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Will a bank owned home be willing sign a deed over if we agreed to release them from all liability?

You are not likely to get the property for free but you can certainly negotiate with the bank for a reduced price based upon the problems with the property and the potential liability of the bank because of the flood zone issues. Have you tried to make an offer on the property before? Or have you just heard that generally the bank is not looking to sell the property? Most bank owned properties are listed with a broker/realtor, so you should be able to open up a dialogue with someone to see...

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Should I do a short sale, deed in lieu of foreclosure, and if so, should I file a Chapter 7 Bankruptcy before?

I agree that if you are going to file Chapter 7, and can qualify to do so, then you have no reason to deal with discussions of short sales, deed in lieu, or deficiency issues with your lender. Once you file successfully, then the bank can choose to lift the automatic stay to foreclose on the property. if they do, you would already be insulated from any deficiency issues by having filed bankruptcy regarding that debt. It is sometimes amazing to hear the stories about how your credit can...

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Declarant Approval Required. After the expiration of the Period of Declarant

The Declarant is whoever owned the property and put in place the Covenants, Conditions and Restrictions (CC&Rs). It could be a person, a corporation, a partnership, etc., but it is who owned the property at the time the CC&Rs are "declared" to apply to the land. Just like Mr. Nagle mentioned, the most frequent time this language comes up is when the Declarant is the developer of a subdivision or a condominium and is selling lots or units but has not sold them all (or some significant...

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What triggers the creation of Landlord/Tenant relationship and what steps to take to remove someone from my household?

They have been living there long enough that you would have a difficult time calling them anything but tenants. They are not guests after 3 years. Have you tried talking to them first to explain that you are trying to sell the house? Your description gives no indication of what kind of relationship you have with your in-laws, so I do not know if you can try to resolve this with a discussion rather than a notice. If, ultimately, you have to force the issue, you should discuss with a MD...

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What Arizona statute supports rescission as a means for fraudulent contract?

You need to talk with an Arizona attorney as your facts are not sufficient to really be able to answer your question. If you are trying to pursue some form of consumer fraud, that is one issue that involves certain facts. If you are trying to recover your money after the contractor has not done the work but is still keeping the money, that is potentially a different claim called unjust enrichment. As another posting attorney mentioned, there is a potential third avenue, which is a Registrar...

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Where can my wife find someone to translate a korean document for her.

You may also want to contact your local court to see if they can get you in touch with the certified interpreters that are hired by the court to assist those that do not speak English when they appear in court. If you can find a connection through this path, you are more likely to find someone familiar with legal terms in Korean rather than someone who just may know the Korean language. If your county cannot assist, I would recommend contacting the Maricopa County courts as I know that they...

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Do I need a Real Estate lawyer?

It can be difficult to deal with a change in lenders. From what you are saying, you should get a local NJ attorney to assist you in hashing the situation out with your new mortgage company. Sadly, sometimes the same words you say are not "heard" as well as when the same words are said on an attorney's letterhead.

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I did a Short Sale in Arizona on a primary residence in 2011. Can I deduct property taxes that were on the HUD not paid by me?

The simple answer is no - if you did not pay the taxes, then you do not get the deduction. Two more things to consider. If your lender paid the taxes, they likely claimed the deduction. Perhaps more important than that is how you would try to explain yourself if audited. Another way to look at this is that if your lender paid your taxes for you, arguably you owe additional income taxes for someone paying your obligation incurred while you owned the home. The entire amount of forgiven...

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