Robert H Nagle’s Answers

Robert H Nagle

Phoenix Real Estate Attorney.

Contributor Level 10
  1. My tenant is intentionally ignoring a certified 30 day ternmination letter. Should I take any further steps to notify them?

    Answered about 2 years ago.

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

    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.

    2 lawyers agreed with this answer

  2. 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?

    Answered about 2 years ago.

    1. Robert H Nagle
    2. Brandon Kavanagh
    2 lawyer answers

    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.

    2 lawyers agreed with this answer

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

    Answered about 2 years ago.

    1. Robert H Nagle
    2. James Portman Webster
    3. Douglas Garth Edmunds
    3 lawyer answers

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

    2 lawyers agreed with this answer

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

    Answered about 2 years ago.

    1. Robert H Nagle
    2. Brandon Kavanagh
    2 lawyer answers

    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.

    2 lawyers agreed with this answer

  5. 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?

    Answered over 2 years ago.

    1. Robert H Nagle
    2. Brandon Kavanagh
    2 lawyer answers

    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...

    2 lawyers agreed with this answer

  6. In Arizona..a home is held JTROS, and awarded to the wife in a divorce decree. She never deeds the now ex husband off the title

    Answered over 2 years ago.

    1. Robert H Nagle
    2. Robert Miller
    2 lawyer answers

    Assuming the lender can only look to the home for satisfaction of the debt, then foreclosure seems like the cleanest move. But remember, there still remains other responsibilities regarding the home until foreclosure occurs, so don't just "walk away" without understanding all of your responsibilities. And, if there is a non-purchase money second mortgage, then you will definitely need to get the ownership issue resolved absent a settlement with the junior lender.

    2 lawyers agreed with this answer

  7. What forms are required to file a Release of a Deed of Trust on Real Estate Property in Maricopa County, AZ?

    Answered over 2 years ago.

    1. Brandon Kavanagh
    2. Robert H Nagle
    3. Douglas Garth Edmunds
    3 lawyer answers

    A release and reconveyance would be appropriate. Most title companies will provide this, or we can prepare one for you. The fee would be very modest, and, we can also take care of recording it for you once you execute it.

    2 lawyers agreed with this answer

  8. Should we refinance for 15 year term or 30 year again

    Answered over 2 years ago.

    1. Suzanne M. Watts
    2. Robert H Nagle
    3. Brad A Denton
    3 lawyer answers

    I have been pondering how to answer your question the last 45 minutes. First, in general, I feel a 30 year fixed is better than a 15, even with the slightly lower rate, as you can always pay at the 15 year rate, but, if faced with hard times, you can back off to the 30 year rate. This is what my wife and I have done with our own home, and, when we hit the downturn, we were able to back off the higher payments without being in default. As to the priority of getting out of the home ASAP,...

    2 lawyers agreed with this answer

  9. I have a quit claim deed that is supposed to have an exemption code on it, but I'm not sure which one to use.

    Answered over 2 years ago.

    1. Robert H Nagle
    1 lawyer answer

    If it is per court order, then A.R.S. Section 11-1134(A)(5). Otherwise, use (B)(3) for exemption between husband and wife. But, let me also ask, why the quitclaim vs. a general warranty deed? The benefit of the GWD is that the title insurance policy you received when you first purchased the house extends protections for any warranties of title that you provide. If for some reason there was ever a problem, your ex could get protection through the title company via the GWD title warranties. I...

    2 lawyers agreed with this answer

  10. What is necessary for a cash sale of a home in Arizona?

    Answered almost 2 years ago.

    1. Suzanne M. Watts
    2. Brandon Kavanagh
    3. Bert Daniel Millett
    4. Robert H Nagle
    4 lawyer answers

    I totally disagree with the prior answers. The AZ form of purchase agreement is geared to protect the broker and the title company at the expense of both Seller and Buyer. I feel it is critical to protecting your rights, both during the deal and, frankly, afterwards (given the indemnities both the broker and title company demand and extract from unsuspecting parties). So many people dismiss using a lawyer, particularly realtors who don't understand the contract themselves and unbelievably...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful