Skip to main content
Robert H Nagle

Robert Nagle’s Answers

69 total

  • I own a primary residence it will be foreclosed in AZ, I also own a investment prop in TX will my investment be at risk ?

    My primary residence has a equity loan which i am worried about...my investment property only has 4,000 in equity. This amout does not cover the equity loan. i am not renting my investment prop, my primary residence in AZ had a adjustment on the...

    Robert’s Answer

    Unfortunately, regardless of whether you have a home that qualifies for anti-deficiency protection, the lender on an equity loan can pursue other assets if you default. But that's the key issue and something banks aren't always forthright about: they cannot just start pursuing other assets of yours until you are in default AND they get a judgment. Right now, there are options available to you that can result in your ridding yourself of your current debt without putting the investment property at risk, and those options DO NOT include having to file bankruptcy. You should definitely consult with a real estate attorney to learn what your options are.

    See question 
  • Can my landlord charge me for the failure of the pool pump without any proof that it is my fault?

    My pool pump went out and the landlord is saying that it was due to my negligence. She has not done an inspection and is using my description of what happened to claim negligence on my part. I followed the letter of the lease contract, contacting ...

    Robert’s Answer

    It sounds like you have a good "case". Certainly, on its face, it appears that the Landlord is not honoring your agreement, and it looks like you'll need an attorney to get involved to get this solved. HOWEVER, may I suggest the following. The person who gave you the bid must also have a sense of "why" this occurred. Both you and your landlord will each spend money on attorneys battling this out, and, at $500, it is fair to say that at a minimum, together you will spend $500 on attorneys and the pump will still need to be fixed! So, ask the person what they think. If the Landlord doesn't like the answer, ask the Landlord to send his/her own person for an opinion. If there's then a conflict, perhaps a third and deciding party? My point is that while you may have a slam dunk case, you may end up spending more just to prove you're right if you have lawyers involved.

    See question 
  • Do we have to sign the Properties notice of Vacate?

    Our lease states that we need to give a 30 day written notice to vacate. We gave the property a very basic written 30 day notice. Since then they have told me that they have received the notice but will not accept it because we haven't signed th...

    Robert’s Answer

    I tend to give brief answers: bottom line is, what does your lease say about this? If it is silent, then no. I.e., the lease provides that you must give them 30 days notice, which you did. In order for the vacation form to be a requirement, they would need to state that, or, perhaps indirectly, have some other statement that requires you to sign Landlord's standard forms. I definitely recommend having an attorney confirm the language in your lease, and then have the lawyer let the landlord know that their actions are not acceptable. But, being "politic" is likely important here: I'm guessing they have a security deposit, so keeping things civil will also enhance the likelihood you'll get the deposit back without a dispute over claimed "offsets".

    See question 
  • Declarant Approval Required. After the expiration of the Period of Declarant

    Declarant Approval Required. After the expiration of the Period of Declarant What does this mean? Control and for so long as the Declarant owns any Unit, any action for which the consent or approval of the Board of Directors is required und...

    Robert’s Answer

    Typically, the original developer of a condo or subdivision is the Declarant under the CC&Rs. While the developer still owns property in the subdivision, it doesn't want the homeowners to make changes in the declaration without its consent to eliminate the risk the new owners will make a change that will inhibit the Declarant from finishing up the sale of units.

    See question 
  • We were 75 days late on our mortgage and tried to pay for 2 months worth. The company wouldn't take it. is that legal?

    They said the account was "locked". we're now trying a loan mod. with them

    Robert’s Answer

    Depending on your loan documents, it is possible for the bank to insist that you bring the account current, i.e., they have no obligation to accept payment of less than 100% of the back payments plus late fees. Oddly enough, if they are in fact fixated on foreclosing, then the bank's return of your money is a wonderful thing, since it is money you would have otherwise lost. That being said, the bank MUST accept a full payment. I can assist you in getting that payment made. But, let me know if you'd like to meet with me to discuss whether, in fact, bringing your loan current is in fact the best option for you.

    Robert

    See question 
  • Can a bank stop a sort sale because we are in default on our mortgage?

    In October of last year we put our house on the market as a short sale. We knew then that if we waited until May the mortgage would go up by $900 which we couldn't afford. As of February we stop making the current payment because I lost my job. Al...

    Robert’s Answer

    Unfortunately, it is very much the case that a lender does not need to agree to a short sale. But, now that you've offered to try and net the bank extra money, it is time to determine whether just letting the home go is a safe "business" move for you. Let me know if I can help.

    See question 
  • I am current on repayment program but mortgage company hasn't stopped foreclosure process. Is this legal?

    I entered into a repayment program in Sept '11 with the creditors that my mortgage company hired. I have been making all my payment on time, however I have received forty (40) letters of foreclosure and sale, a notice was posted on my door and I ...

    Robert’s Answer

    Has your lender signed the modification agreement, or just you?

    See question 
  • Should I continue to make my monthly HOA maintenance payment until I no longer own the unit?

    I have an interest only loan on my condominium in AZ. A year ago, I tried to do a loan modification so I could secure a better loan in which I had a lower interest rate and some of my payment was going toward principal. The appraisal came in too l...

    Robert’s Answer

    It would be of great benefit to you to meet with an attorney to discuss all of your options, of which you have several. But, to answer the specific questions, yes, you can speed things up by short selling your unit rather than waiting for the lender to foreclose. A short sale could be completed in less than 90 days, while waiting for foreclosure could take at least 6 months. The HOA dues, unfortunately, are a personal obligation. So, time is not on your side. But, you still have options. So, consider meeting with an attorney to discuss alternatives.

    Robert Nagle

    See question 
  • Can i break lease when my house has been robbed?

    My daughter's rental house in AZ broken into. Her husband is currently serving a 4 month stint for DUI. It's her and baby. She doesn't feel safe even if the landlord changes the locks. She fears for her and son's life.

    Robert’s Answer

    Adding to what Mr. Fife stated, even without the break fee, you could still break the lease. The landlord then has an obligation to mitigate his damages, that is, get the apartment released. If the landlord leases the apartment for more money than your daughter is paying, she will not owe any money for future rent. However, there is still the likely cost for rent until the apartment is released.

    See question 
  • Can 2 people live in an apartment with only 1 name on the lease?

    My girlfriend and I want to get an apartment together. I am currently living in my first apartment, and I have good credit. My girlfriend has bad credit, due to be overcharged for a faulty AC unit at her old apartment. Can we get an apartme...

    Robert’s Answer

    Of course you can get an apartment with just your name on it. Just make sure the lease allows you to have a roommate, or, conversely, make sure the lease doesn't state that you are the only one allowed to live there. For a fairly nominal fee, I'll be happy to review your lease if you want to make sure you've got the flexibility you need.

    See question