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Robert H Nagle

Robert Nagle’s Answers

69 total


  • 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

    I and my husband are living in a home(first). Both our names are on Title and mortgage on the 1st home, remaining balance of 150K and it is worth 100K in AZ. My husband purchased another home in Chandler(second) worth 255k (zillow 266k). I have ...

    Robert’s 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 speak to a real estate attorney before determining who is getting what with respect to the homes. You both may decide to get rid of both!

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  • How do I terminate a lease early?

    I moved to Az in Oct (from IA) with the intention of buying a house in 1-1.5 yrs, and renting to get to know my way around. Signed an 18 mo lease, thought there was an early out clause in lease, as I had discussed buying a house with homeowners, a...

    Robert’s 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 someone that they won't know; they may prefer to have control over who is living there. But remember, if you do sublease, you are responsible for your tenant.

    Anyway, a bunch of short answers to your question. Hope it helps.

    Robert Nagle

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

    did not pay for current month claims that mold were present and was not told and per her the mold grew in another location there was mold and the mold remediation certified mold free before they moved in will NOT allow me to access the house to...

    Robert’s 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.

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  • My tenant is intentionally ignoring a certified 30 day ternmination letter. Should I take any further steps to notify them?

    I am in Arizona. But I am currently out of state for the next several weeks. No way to hand deliver.

    Robert’s Answer

    I do not have an answer for you, but contacting a firm that focuses heavily on representing landlords such as yourself against tenants would be beneficial. Let me know if you need assistance contacting such a firm.

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

    I definitely want to buy a house again at some point, but am wondering how long I'll have to wait until this is a realistic possibility?

    Robert’s Answer

    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.

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

    My sister's house is going to be foreclosed on, and she already seems to be interested in what I feel like are scams. What can I tell her to be on the lookout for, both to be aware of and what she actually should be looking for? .

    Robert’s Answer

    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

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  • We bought a house at a trustee sale. When we recorded the deed, we added another person's name to it. How can we remove a name?

    we bought a house at a trustee sale. When we recorded the deed, we added my husband step mom to the deed. How can we remove her now from the deed? We want to do it before we refinance our home. Thank you

    Robert’s Answer

    Generally speaking, your husband's step mom now has an ownership interest in the property. Therefore, the simplest step is to have her execute a quitclaim deed in favor of you and your husband. An Arizona attorney can definitely assist you with this, and the cost should be small.

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  • What is the statute of limitations of a heloc in az? It was purchase money and the house is already foreclosed on.

    The loan was an 80/20 through chase. The Heloc is for $22,000. They are offering to settle but we don't have any money to pay them. If we don't settle, Can they still sue us?

    Robert’s Answer

    My initial question is, if the loan was 80/20, was your HELOC used to purchase the property?

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  • I was renting my friends condo and today was the trustee sale and it was sold. When do i have to move?

    I live in Arizona. The new owner came by and asked when we could leave. When i said i didnt know but maybe about 8 weeks, since we are actually in the process of purchasing our own home, he said he could not work with that, and that he could do...

    Robert’s Answer

    The Protecting Tenants at Foreclosure Act provides that if you have a bona fide lease or tenancy (the tenant is not the mortgagor or the parent, spouse, or child of the mortgagor; the lease or tenancy is the result of an arms-length transaction; and the lease or tenancy
    requires rent that is not substantially lower than fair market rent), you do not need to move out at all. The parties who purchase at foreclosure sales are counting on you not know about this federal law.

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