Robert H Nagle’s Answers

Robert H Nagle

Phoenix Real Estate Attorney.

Contributor Level 10
  1. The house that my ex and I had has now been paid off and I want to do a quit claim deed to take my name off the title.

    Answered over 2 years ago.

    1. Robert H Nagle
    2. Patrick S Sampair
    3. Peggy Margaret Raddatz
    3 lawyer answers

    The key is to make sure the quitclaim makes clear that the person signing below as "Mary Lamb" was formerly known as "Mary Sheep". This way, when title companies search the public records in the future, there will be a clear chain of title.

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  2. Is loan for down payment on home considered a non-recourse purchase money loan?

    Answered almost 3 years ago.

    1. Robert H Nagle
    2. Morgan Jay Seegmiller
    3. Douglas Garth Edmunds
    3 lawyer answers

    I would need to see what the ECA says, and I would need to see your closing/settlement statement from when you purchased the home (plus confirm that your home qualifies for anti-deficiency protection), but, based solely on the facts as you've presented them, there is a very strong likelihood that your ex's "loan" to you will be deemed be a purchase money loan. In essence, the 20% from your ex is no different than had you obtained an 80/20 loan to purchase the home. With an 80/20 set of...

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  3. My husband took out a home equity loan on the home he owned before we were married. I was not ever on the title or anything.

    Answered almost 3 years ago.

    1. Robert H Nagle
    2. Steven Anderson Leahy
    3. Jody Lynn Peskin
    3 lawyer answers

    Unfortunately, signing important legal documents without an attorney oftentimes leads to significant problems. Did your husband have an attorney advising you both when you signed the note? Another potential problem (and bargaining point with your husband) is that you are likely jointly and severally liable with your husband on the note. What this means is that if he declares bankruptcy, it is likely the bank will look to you for 100% of the debt! However, in response to his assertion that you...

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  4. Can i break lease when my house has been robbed?

    Answered over 2 years ago.

    1. Robert H Nagle
    2. William W. Fife III
    3. Alexandra Tracy-Ramirez
    3 lawyer answers

    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.

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  5. My mortgage company wants to take my house saying I have not made my payments. If I show prof from the bank were do i stand.

    Answered almost 2 years ago.

    1. Robert H Nagle
    2. Steven Anderson Leahy
    3. Diane L Drain
    3 lawyer answers

    To add to Mr. Leahy's answer, no matter how much confusion there may be, you have until 5 pm the day before a foreclosure sale to bring the loan balance current. But keep in mind you will also need to pay late fees, attorneys' fees and any other costs the lender has incurred in order to successfully prevent the lender from foreclosing.

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  6. As a tenant in the state of Arizona, can the management of the property inforce how much traffic comes to see you?

    Answered over 2 years ago.

    1. Robert H Nagle
    2. Barry W. Rorex
    3. Brandon Kavanagh
    4. Alexandra Tracy-Ramirez
    4 lawyer answers

    The least favorite response: it depends! The immediate question that comes to mind is: why do you have so much traffic? Do you just have lots of friends, or, are you running a business of some kind out of the rental property in violation of your lease? Regardless, the need to review your lease is critical to providing you with a definitive answer.

    5 lawyers agreed with this answer

  7. Buying a home after foreclosure?

    Answered over 2 years ago.

    1. Robert H Nagle
    2. Douglas Garth Edmunds
    3. Jeff Tomberg
    3 lawyer answers

    Assuming the home you lost in 2010 qualified for anti-deficency protection (2.5 acres of land or less, 1 or 2 family dwelling), and both loans were purchase money, then the former lenders may not pursue any other asset other than the collateral, i.e., the former house lost to foreclosure. The new home will be perfectly safe from them.

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  8. I need to add my siblings to the Title of my home

    Answered over 2 years ago.

    1. Robert H Nagle
    2. April Miller-Lepage
    2 lawyer answers

    There are number of ways to do this (general, special and quitclaim deeds), but, more importantly, there are many ways to take title, each with their own consequences. So, the threshold question to me is, what are your (you and your siblings) plans with respect to your dad's house? If to sell it, I would recommend listing it for sale and then simply sharing in the proceeds. If one of you is to live in it, but you all own it, then you need a written understanding on what the long term game plan...

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  9. Is it legal in AZ to break my lease if I am buying a home? If so what is the law # that states it is legal.

    Answered over 2 years ago.

    1. Robert H Nagle
    2. William W. Fife III
    2 lawyer answers

    It is not a "crime" to break a lease. In fact, we are all free to break any contract we enter into at any time. The question is, what damages does the non-breaching experience when you breach your lease? Without going into too much detail, if you decide to break your lease, the landlord has to attempt to keep his "damages" as low as possible. To do that, he/she has to go out and try to find a new tenant as soon as possible. If the rent paid by the new tenant is equal to or greater than the rent...

    4 lawyers agreed with this answer

  10. Specific Questions about deficiency law in arizona

    Answered almost 3 years ago.

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

    The simple answer to your first question is that the laws apply to both mortgages and deeds of trust, assuming the property otherwise qualified for protection. However, if you've refinanced, a lender can bypass the limitations of the anti-deficiency statutes by bringing a judicial foreclosure action rather than pursuing the trustee's sale. And yes, even if you have the same lender on both loans, and assuming the 2nd loan was not a purchase money loan, if the 1st forecloses through a trustee...

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