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Adrian Betts's Answers
- 10 Legal Answers
- 2 Legal Guides
1
Attorney answers:
Hello, I've been in escrow for two months now and seem to be encountering one obstacle after another with trying to deal with
Dividing repair costs is normally just a negotiation between the buyer and seller (unless the signed purchase contract addresses the issue). If the sides cannot agree on a split, the recourse is to terminate the purchase contract and walk away. The appraisal report is usually for the lender, and has no bearing on who should pay for repairs. The fact that an appraisal is higher than the agreed-upon purchase price does not mean that you are required to pay for repairs - but it doesn't mean the...
1
Attorney answers:
I am leasing a property that just got a Notice of Trustee's Sale on the door the landlord never mentioned this, what do I do?
The Notice of Trustee's Sale should have the contact information for the Trustee (which is probably a law firm). Call them to find out how to proceed. There's a good chance the owner (your landlord) assigned your rent payments to the lender as part of the loan.
1
Attorney answers:
Do I have the right to ask my apartment complex to provide an ideamized lsit of damages and cost for accuracy?
Has the lease ended? If so, you do have the right to an itemized list of any deductions from your security deposit. I'm not sure if that's what you're asking about, or if it's what you've already received. You can ask the landlord for a copy of any invoices for maintenance or repair, but there may not be a separate invoice for your unit, if the landlord has somebody on staff do the work. Hope this helps.
1
Attorney answers:
Is a one-time construction close considered purchase money?
Under ARS 33-814(g) anti-deficiency protection applies to a trustee's sale on a residential deed of trust, whether it is purchase money or not. For the protection to apply, make sure that the foreclosure is non-judicial (i.e. trustee's sale). Also, the rental home must be on less than 2.5 acres of land and be a single one- or two-family dwelling. This means the home must be completely constructed and at least occasionally occupied (by the owner or a tenant).
4
Attorney answers:
Can an agent with POA remove funds in an IRA account willed to a relative?
I'm sorry to hear about your great-grandmother. You should contact a probate attorney licensed in Kansas (or wherever your great grandmother lived) to develop a case. You mention that she was of sound mind when she signed her will; was that also true when she signed her POA? If not, then the POA wasn't valid. Another factor to examine is that some POA's specifically provide for tax-deferred vehicles - like IRA's - in order to make sure minimum distributions and other requirements are met,...
1
Attorney answers:
My ex husbands house has my name on the deed, can he sell or can he pay me for it since we are no longer together?
I'm licensed in Arizona, but here is some basic guidance. If your name is on the deed, then you would need to sign a new deed if your ex tries to sell the house. It isn't clear from your facts if you are divorced. If so, your settlement should say what happens to the house. If you aren't divorced, you ought to talk to a divorce attorney licensed in North Carolina before proceeding on the house - there are probably important factors to consider, which may affect your rights.
2
Attorney answers:
(Texas) I need to know if there is away to get my wife off of the deed to our house? She is not on the loan...
Your wife can sign and record a deed transferring her interest in the property to you (or whomever should have title instead of her). You should carefully review your loan documents to be sure the transfer is allowed. If not, you may need to get it approved by the lender.
2
Attorney answers:
Where do we find delegation of paretnal authority forms for Arizona?
Arizona allows you to use a power of attorney to delegate parental authority for up to six months. Check out ARS 14-5104 here: http://tinyurl.com/68u9ka7 The POA needs to be notarized and witnessed, but it doesn't need to be filed with a court. You would have to get the POA renewed every six months, assuming the child is still under your care at that point.
2
Attorney answers:
What can i do about a neighbor who has a pool with no filter, pump or cleans it, and makes a mosquito breeding ground?
It might be easier and cheaper for you to let your city handle it. Most cities have a nuisance code, which prohibits the kinds of activities you mention. Call your city's nuisance code compliance department (it can also be the building inspection department), and let them know about the situation. A city inspector might have better luck getting your neighbors to take care of their pool.
1
Attorney answers:
I was living in an apartment without section 8 everything was paid by me my girl got a section 8 voucher and we signed a new lea
If I understand your question correctly, you will only be able to move back into the apartment if/when the restraining order is lifted. Any questions regarding your Section 8 assistance should be sent to your local public housing authority (which is often the city or county).