Matthew M Ellingson’s Answers

Matthew M Ellingson

Phoenix Real Estate Attorney.

Contributor Level 13
  1. Can I deduct a balance owed to someone if they caused physical injuries?

    Answered about 1 year ago.

    1. Matthew M Ellingson
    2. John M Curtin
    3. Frank T Waters
    3 lawyer answers

    Not without a Court order. There are multiple legal theories which could affect liability from the altercation. You cannot unilaterally decide that you were completely innocent and then deduct some number that you believe you are owed. If the Court hears the matter, your beliefs could be vindicated, but now, they will have the force of the Court behind them.

    6 lawyers agreed with this answer

  2. Can the Owner of Residential Coded Land Lock Property with Right of Necessity Easement transfer it to Commercial Company?

    Answered over 1 year ago.

    1. Matthew M Ellingson
    2. Brandon Kavanagh
    3. Ryan Vancil Esq
    3 lawyer answers

    This is a much trickier question than can be answered on this site. Easements of necessity for landlocked parcels requiring access are not automatically created by statute. Instead, if you can show you have such a land locked parcel, which did not become landlocked due to your own actions, you can privately condemn a section of another's land. As far as transferring the easement, I would need to know more facts, but the only likely way an easement of necessity could be transferred is if you...

    6 lawyers agreed with this answer

  3. I want to sell a house (in Boston, Massachusetts) I'm currently renting to tenants. What do I do?

    Answered over 1 year ago.

    1. Matthew M Ellingson
    2. Celia R Reed
    2 lawyer answers

    While not a Mass attorney, I feel comfortable telling you that you can't legally just kick the tenants out of a house you are trying to sell. If you do kick them out, they may sue you and you'll be liable to them for a number of different types of damages. Or, you can try to negotiate a buy-out of their lease. Or, you can wait till their lease is completed to sell.

    Selected as best answer

  4. I have a signed contract accepting a bid agreement to pressure wash 36 homes in Phoenix Az. with a major home builder.

    Answered over 1 year ago.

    1. Matthew M Ellingson
    2. Thomas Richelo
    2 lawyer answers

    One would have to carefully review your contract, but you may have a claim for lost profits, or your gross profits minus the operating expenses you would have incurred in carrying out the contract. You should probably talk to an attorney to weigh all of your options.

    Selected as best answer

  5. What can I do about neighbors blocking access?

    Answered over 1 year ago.

    1. Brent D Harris
    2. Matthew M Ellingson
    3. Cheryl Rivera Smith
    3 lawyer answers

    I'm a little confused as to how your neighbor's parking their car across the street blocks your access. You should probably add some more facts to clear that up. In any event, you may be able to get an injunction to prevent your neighbor's parking their car if your facts allow it.

    4 lawyers agreed with this answer

  6. Will the second lien holder foreclose?

    Answered over 1 year ago.

    1. Matthew M Ellingson
    2. Jason M. Wells
    2 lawyer answers

    I'm certain that they would prefer to settle versus trying to foreclose while in second position. If the foreclose in second position, they then have to begin making all of the first mortgage payments, and I doubt that that is something they're interested in having to do. And, since it is a purchase money loan (assuming that is correct), that would be their only real option. If you have the ability to make a reasonable settlement offer, it may be worth your while to hire an attorney to help you...

    Selected as best answer

  7. I live in Phoenix & my neighbor has a 50' Eucalyptus tree and it's hanging in my yard. He refuses to trim. Law?

    Answered 6 months ago.

    1. Matthew M Ellingson
    1 lawyer answer

    You are legally allowed to trim the encroaching branches up to your property line, but at your expense.

    3 lawyers agreed with this answer

  8. I was visiting my girlfriend at her condo and tree belonging to the hoa fell onto my car and caused damage to my car

    Answered about 1 year ago.

    1. Matthew M Ellingson
    2. Jonathan Adam Jamieson
    3. Rex C Anderson
    4. James Portman Webster
    4 lawyer answers

    The HOA's liability to you is not contingent on the amount of your damages. Depending on the amount of damages, you could either hire an attorney to try and work this out, or you could bring your own action. If the amount of damages is below $10K, you'll be in Justice court or even small claims court.

    3 lawyers agreed with this answer

  9. Should a 92 year old be on a house title with son, or only in the son's name?

    Answered about 1 year ago.

    1. Matthew M Ellingson
    2. Judy Feuer Zimet
    3. Brian Mathew Strickman
    4. Gregory D. Hague
    4 lawyer answers

    I think the 92-yr old should contact an attorney to explain what options are available to her. If she is incompetent due to dementia or Alzheimers, hopefully she has a representative that can speak for her. If she's like my grandmother who is 94 and still very sharp, then she would still be competent to determine what should be done with her property. Also, the State cannot just take her house if she ends up in a nursing home. The US Constitution prohibits governmental entities from seizing...

    3 lawyers agreed with this answer

  10. Fire 6-19-13. Do I owe my tenant any money while she stays in a hotel? Can I evict her as of that date and tell her now?

    Answered over 1 year ago.

    1. Matthew M Ellingson
    1 lawyer answer

    Under what grounds do you think you can evict your tenant here? From what you've said, you cannot tell who started the fire and the tenant has paid June's rent. Even if you wanted to evict her, you would not be likely to accomplish the feat before the expiration of the lease. If she was supposed to maintain renter's insurance and she didn't, that could be grounds, but since you didn't say that she was supposed to hold insurance, you've accepted the possibility of a catastrophic event and it is...

    3 lawyers agreed with this answer