Robert H Nagle’s Answers

Robert H Nagle

Phoenix Real Estate Attorney.

Contributor Level 10
  1. Is a verbal contract between a Landlord and all tenants binding?

    Answered about 2 years ago.

    1. Robert H Nagle
    1 lawyer answer

    In general, verbal agreements with respect to real estate are not enforceable. So, questions regarding the text you reference include asking whether T2 replied back (a text to one without a reply doesn't prove T2 had agreed). Plus, what about a writing with T1 and T3? So, without sitting down, reviewing the original lease, getting some input from Landlord to understand where they are coming from, it's difficult to go beyond stating that the original 2 people who signed the lease as tenants are...

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    1 person marked this answer as helpful

  2. How long will it take after a foreclosure until I can qualify for a new mortgage?

    Answered over 2 years ago.

    1. Robert H Nagle
    2. Douglas Garth Edmunds
    2 lawyer answers

    In general, you are looking at a 7 year period before you can obtain a new, conventional home loan. If you have the cash, you can buy a new home tomorrow. I recommend contacting a mortgage broker to discuss the different programs that are available.

    1 lawyer agreed with this answer

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  3. My house is up for auction on 12/26/2012 How long do i have to vacate the house, once its been auctioned off.

    Answered almost 2 years ago.

    1. Carlton C Casler
    2. Robert H Nagle
    3. Douglas Garth Edmunds
    4. Bert Daniel Millett
    4 lawyer answers

    Think of yourself as a tenant who's lease has expired. So, simply put, the new owner/landlord needs to give you a 5 day notice to leave. Following that, they will need to take you to justice court where a judge will order that you be evicted. Then, if you don't move out, the owner can have the sheriff forcibly remove you. So, you're likely "safe" for a couple of weeks, plus however long it may be for the sheriff. But unless you are thinking about bringing your loan current, the less stressful...

    1 lawyer agreed with this answer

  4. Can a personal loan NO ( dead of trust filed) fall under the anti-defiency law for Arizona in a forclosure?

    Answered about 2 years ago.

    1. Robert H Nagle
    2. Bert Daniel Millett
    2 lawyer answers

    Unfortunately, no.

    1 lawyer agreed with this answer

  5. I have 1 mortgage on my home and one on my pool. My house auction is July 18th. Will my pool mortgage be forgiven in auction?

    Answered about 2 years ago.

    1. Scott L Greeves
    2. Robert H Nagle
    2 lawyer answers

    If your pool loan was taken out as part of the purchase of the house with the intent that it would be used to put in the pool, then the lender will likely not be able to pursue you. However, this is uncommon. As suggested above, if you took the loan out after purchase, you will have liability. However, to be safe, you should get your house listed ASAP, since a short sale can lead to a definitive answer. Many lenders will delay a foreclosure if you have submitted an offer you've accepted along...

    1 lawyer agreed with this answer

  6. I signed a lease 10 days ago for a place that doesnt start for 2 months. They only gave me a 3 day grace period. Am I stuck?

    Answered about 2 years ago.

    1. Robert H Nagle
    1 lawyer answer

    The starting point towards an answer is to look to your lease. What does it say regarding due date for rent?

    1 lawyer agreed with this answer

  7. Can I do transacations such as signing for short sale on 1st home in exchange for title on 2nd home in legal separation in AZ

    Answered over 2 years ago.

    1. Robert H Nagle
    1 lawyer answer

    I am not a divorce attorney, but, if you two are splitting up, it is my personal opinion that you need to look at all of your joint assets together before deciding how to divide things up. As a real estate attorney, I will tell you that I have met with many divorced individuals who had been in a similar situation as you and your husband's, only to find out after the fact that they (and sometimes the ex) made some bad decisions with respect to their underwater home(s). I strongly advise that you...

    1 lawyer agreed with this answer

  8. I have tenant who has stopped paying rent how can I evict.

    Answered over 2 years ago.

    1. Robert H Nagle
    1 lawyer answer

    You can evict the tenant by giving a 5 day notice for nonpayment of rent. The issue of the condition of the home generally does not allow a tenant to withhold rent, if they have not given proper notice and they remain in the property. It is also important that you immediately give a 2-Day Notice of Intent to Enter to inspect the Premises and remedy any problems. If they refuse you access, that is also a legitimate basis to terminate their lease.

    1 lawyer agreed with this answer

  9. How can I help my sister be aware of foreclosure scams?

    Answered over 2 years ago.

    1. Robert H Nagle
    2. Jonathan H Levy
    3. Lawrence M Garfinkel
    4. Eric Matthew Seidmon
    4 lawyer answers

    I don't have a specific answer for you, but, this link is to the Federal Trade Commission regarding this specific issue. I hope it helps. http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre42.shtm

    1 lawyer agreed with this answer

  10. Do we have to sign the Properties notice of Vacate?

    Answered over 2 years ago.

    1. Robert H Nagle
    1 lawyer 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...

    1 lawyer agreed with this answer