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Corey I. Richter's Answers
- 13 Legal Answers
- 0 Legal Guides
2
Attorney answers:
What rights do renters have when the house they are renting goes into foreclosure?
Unfortunately, when a house goes into foreclosure, the trustee sale purchaser takes the property free of the lease agreement. Therefore, once the trustee sale is complete, and assuming the new owner does not want to honor your lease agreement or execute a new one, you will probably be forced to vacate the property. To force you out, the owner will likely have to initiate a forcible entry and detainer action, which is the process a landlord uses to evict a tenant. Your case presents some...
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1
Attorney answers:
Property boundary dispute with neighbor; Adverse Possession in his favor?
To adversely possess property, the possession must be open, notorious, hostile, under a claim of right, continuous, and exclusive for the statutory period of 10 years. Given that your neighbor's block wall existed on your property when you moved in 10 and a half years ago, the adverse possession statute may bar your claim to that piece of land. That being said, if your predecessor permitted your neighbor to use the land, the statute of limitations may not bar your claim, since the possession...
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1
Attorney answers:
If my landlord sells the house I'm leasing am I free from contractual obligations?
Without reviewing your lease agreement and other petinent documents, it is difficult to provide a full response. However, under Arizona law, the lease agreement typically remains in effect upon sale of the home (except in foreclosure). The purchaser is required to honor the lease agreement, and the tenant is still bound as well. Therefore, unless the landlord agrees to terminate the lease agreement, you are probably required to continue to make your payments. Please note: While I am an...
2 people marked this answer as helpful
1
Attorney answers:
Arizona Foreclosure on primary residence on 3.6 acres - anti deficiency laws...
Typically, the foreclosing lender has 90 days from the date of the trustee sale within which to file a deficiency action. If the lender fails to do so, the lender is deemed to have accepted what it received through the trustee sale, and may not pursue any deficiency against the debtor. If you do get sued by the lender, you may have additional defenses. It is imperative that you retain an attorney to represent your interests. Time will be of the essence, as you typically have 20 days to...
2 people marked this answer as helpful
2
Attorney answers:
Does an LLC have liability for a personal judgment of the Managing Member?
Without knowing all the facts surrounding formation and operaton of the LLC or the asset in question, it is difficult to give you a definite answer. That being said, typically a personal judgment against a member of an LLC (whether the managing member or not), which is unrelated to the LLC or actions taken on behalf of the LLC, cannot be satisfied out of the LLC's wholly owned assets. Therefore, assuming the judgment is unrelated to the LLC or its assets, the LLC can probably sell it. A...
2 people marked this answer as helpful
1
Attorney answers:
Developers obligation under their sale agreement.
If your contract with the builder states that the builder will sell only primary residences, and that promise has been violated by the builder, you may have claims for breach of contract and breach of the implied covenant of good faith and fair dealing. Furthermore, if the builder represented that it would sell only to homeowners but knew, at the time the representation was made, that it would be selling to speculators and/or secondary property owners, you may have a claim for fraud as well....
1 person marked this answer as helpful
1
Attorney answers:
Purchased a home in buckeye. after closing recived a cfd lien notice. Promised no liens during purchase. No liens in contract.
If the lien was recorded before you closed escrow, title should have caught it. If you have title insurance, they may be obligated to remedy the issue. You should seek legal counsel to help you. This sounds like something that can be fixed relatively easily. Please note: While I am an Arizona attorney, you have not retained my services. This answer does not constitute legal advice, nor has an attorney-client relationship been created at this point. Please refer to the Avvo Terms of Use...
1 person marked this answer as helpful
1
Attorney answers:
My last review had a 50K bonus attached to it, signed by the CEO of the Corp. It is not being honored.
You should consult an attorney who will review all relevant documents and advise you of any claims you may have against the company. The attorney may be able to get you something through negotiations without filing a lawsuit. However, you may have to ultimately sue to compel partial or full payment. Please note: While I am an Arizona attorney, you have not retained my services. This answer does not constitute legal advice, nor has an attorney-client relationship been created at this...
1 person marked this answer as helpful
1
Attorney answers:
What are a property owners right's when the county wants to take half my land for a county road improvement project
If the condemnation is proper, you are entitled to the fair market value of the property on the date it was actually taken. You should seek legal counsel to review the facts of your case and advise you on your legal rights and any possible claims you may have, including any defenses to the condemnation. Please note: You have not retained me to be your attorney. No attorney-client relationship has been created. Please refer to the Avvo Terms of Use for more details. I strongly recommend...
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3
Attorney answers:
Landlord failed to uphold his end of the bargain. Ground to stand on?
Arizona's Uniform Residential Landlord Tenant Act requires that a landlord maintain the home in a fit and habitable condition. A landlord is also required to remedy a condition affecting health and safety. A tenant may be entitled to damages for a landlord's violation of its statutory obligations, and may also have the right to terminate the rental agreement and to recover his or her security deposit. A tenant, however, must comply with certain specified requirements to be entitled to...
1 person marked this answer as helpful