Robert H Nagle’s Answers

Robert H Nagle

Phoenix Real Estate Attorney.

Contributor Level 10
  1. Can I safely let a house go into foreclosure that was under a deceased person's name and underwater?

    Answered over 2 years ago.

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

    Assuming you are in Arizona and the property qualifies for anti- deficiency protection, then yes, that is certainly a viable option. If there are any non-purchase money loans, it will be important to assess how those might impact assets remaining in the estate.

    3 lawyers agreed with this answer

  2. My landlord is saying he is doing a short sale now, asking me to sign a new lease with a lessor payment but a lease

    Answered over 2 years ago.

    1. Robert H Nagle
    2. Douglas Garth Edmunds
    3. C. Andrew Campbell
    3 lawyer answers

    In addition to the guidance offered in the preceding response, keep in mind that there are Federal laws in place to protect you and the current lease you have should your landlord end up losing the home in foreclosure, laws that, for the most part, will allow you to continue with your existing lease as-is. I raise this because the law requires that "the tenant not be paying substantially less than fair market value". So, while it would be great to have a lower rent, if it's too low and the...

    3 lawyers agreed with this answer

  3. What is the sellers responsibility when a/c units are not working properly before purchase?

    Answered over 2 years ago.

    1. Bert Daniel Millett
    2. Robert H Nagle
    3. Brandon Kavanagh
    4. Lara O. Chubaty
    4 lawyer answers

    In general, my colleagues are correct. However, assuming you signed the standard form agreement used by realtors in AZ, then I direct you to lines 166-168, which provide "Seller warrants and shall maintain and repair the Premises so that at the earlier of possession or COE: (i) all heating, cooling.. systems... will be in working condition, ..." I would suggest looking at the Seller Property Disclosure Statement to see if the Seller represented that the a/c was working. This potential...

    3 lawyers agreed with this answer

  4. How do I terminate a lease early?

    Answered over 2 years ago.

    1. Robert H Nagle
    1 lawyer answer

    Absent an express prohibition, subleasing and assigning the lease are both available options for you. Regarding the lease, we are all free to break contracts whenever we wish; we just have to pay the other party their damages for the breach. Here, while it would still be advantageous to work out an agreement with the landlord, you can nonetheless break the lease which will trigger an obligation on landlord's part to mitigate its damages. A strategy may be to threaten to sublease to...

    3 lawyers agreed with this answer

  5. 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.

    3 lawyers agreed with this answer

  6. Can the bank come after my fully paid house in Arizona?

    Answered almost 3 years ago.

    1. Suzanne M. Watts
    2. Douglas Garth Edmunds
    3. Morgan Jay Seegmiller
    4. Robert H Nagle
    4 lawyer answers

    If your loan on the Condo has not been refinanced, then the lender may only look to the collateral that is securing the loan, i.e., the Condo. There are other issues to consider as well regardless of whether you short sale or go foreclosure that you will also need to consider in your decision making.

    3 lawyers agreed with this answer

  7. I am am renting a home that is going into foreclosure and i want to buy a home is there a way out.3 months till auction date ..

    Answered almost 3 years ago.

    1. Robert H Nagle
    2. Steven Anderson Leahy
    3. Lara O. Chubaty
    3 lawyer answers

    I have a number of questions: do you have a signed lease? Are you paying market rent? If a signed lease, did you use the AZ realtors standard form? The answers to these questions will help give you a firm answer to your question. Practically speaking, most buyers at foreclosures are more than happy when an existing tenant voluntarily leaves, so, if you can wait out the 3 months, you should be in good shape. Plus it may take you a month or two anyway to find and then close escrow on a home to...

    3 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. Douglas Garth Edmunds
    2. Robert H Nagle
    3. Scott L Greeves
    3 lawyer answers

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

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. With AZ being a "non-recourse" state, can lender still seek deficiency on foreclosure of investment property ?

    Answered almost 3 years ago.

    1. Morgan Jay Seegmiller
    2. Douglas Garth Edmunds
    3. Suzanne M. Watts
    4. Robert H Nagle
    5. Scott L Greeves
    5 lawyer answers

    Strategic default on an investment property actually presents several options to you. While the law is very favorable to you, as my fellow attorneys have already stated. But, how you strategically default, i.e., how and when, and things you can do to expedite your disposing of this investment, should also be explored.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. I will be awarded the home in my divorce that I owned before the marriage. Is quit claim deed needed?

    Answered over 2 years ago.

    1. Robert H Nagle
    2. Michael F. Lawrence
    3. Peggy Margaret Raddatz
    3 lawyer answers

    I'd just like to add that it's just "cleaner" to have your soon to be ex quitclaim any claim to an interest in the house. While not common, sometimes issues arise post-divorce and this is one way to ensure that your house doesn't get tied up in any disputes.

    2 lawyers agreed with this answer