John M McKindles’s Answers

John M McKindles

Mesa Real Estate Attorney.

Contributor Level 11
  1. My neighbor has a 25' saguaro 7' from my home. Its leaning toward my roof,held up with stakes and rope. Help! what can i do?

    Answered about 4 years ago.

    1. John M McKindles
    2. Erica Crohn Minchella
    2 lawyer answers

    Interesting issue. Assuming that your neighbors did not recently plant the monster, I suspect that it has been growing slowly for many years where it is currently planted. I also assume that your neighbors took the described action in order to prevent it from further leaning or potentially damaging your house. Though the tying down of it may well reduce the risk of collapse, I understand your concerns. Recourse to your property CC&Rs or Tucson city code may clarify if there is any legal...

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  2. I have a quit claim deed to file in Maricopa county, AZ. Are there any forms I need to file the quit claim deed.

    Answered about 4 years ago.

    1. John M McKindles
    2. Michael E Gerity
    2 lawyer answers

    The advice given by Mr. Gerity is very sound advice. I only wanted to add that the Quit Claim Deed (and any deed) needs to have sufficient space on the top of it to accommodate the County Recorder's processing information. Also, if the property transfer intended by the deed qualifies as exempt from the Affidavit and fee pursuant to ARS section 11-1134, you can avoid recording it by noting on the Quit Claim Deed that it is exempt and put the section of the statute that applies. There will be...

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  3. We dont have a lease anymore we never signed a new one can we be kicked out in 3 days?

    Answered about 4 years ago.

    1. John M McKindles
    2. Matthew M Ellingson
    2 lawyer answers

    The response by Mr. Ellingson is excellent advice. I just would like to add that we are assuming that the rent was paid monthly, and not for a shorter period of time, such as weekly. We are also assuming that the reason for the termination notice was not based on health violation reasons or failure to pay the rent. It is also curious that the landlord had the neighbor deliver some letter to you which controverts what the landlord told you. I would suggest that you contact the landlord to...

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  4. The home I rent was purchased at a foreclosure auction. As a tenant, am I entitled to 90 days stay in the house before evicted?

    Answered about 4 years ago.

    1. John M McKindles
    2. Nosheen Jamil Rathore
    2 lawyer answers

    The advice previously given is excellent advice. I would only add that in order for you to remain in the house after the Trustee Sale, for whichever period of time applies (whether the purchaser intends to personally occupy it as opposed to an investor or the lender by credit bid), you need to continue to pay the reasonable rent called for to the new owner, not to the foreclosed landlord. Certainly, particularly if the lender took back the property, you should be positioned well to negotiate...

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  5. Can an apartment charge me for more than what there lease states?

    Answered about 4 years ago.

    1. John M McKindles
    1 lawyer answer

    First, I need to add the typical disclaimers: that I have not reviewed the written lease agreement and cannot make specific comment to it, but only within the parameters of your question, that we have not discussed this issue and that a full discussion of the facts may well change my comments. Ordinarily, the terms called for in the written lease agreement will be the ones enforceable. If there is any other documentation calling for the additional charge as part of the renewal agreement,...

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  6. How do I change the title for my deceased grandmother's mobile home to mine if she didn't leave it to anybody in her will?

    Answered about 4 years ago.

    1. John M McKindles
    2. Paul Stephen Johnson
    2 lawyer answers

    I am curious to know how you were able to get information to pay off the mortgage in your grandmother's name alone. However, if it is paid off, you should have received a release of lien from the lienholder. Since there was a Will, any assets not specifically devised would pass through the residuary, as stated earlier. However, if the net value (defined below) of the mobile home does not exceed $50,000.00, you may be able to clear the title from your grandmother's name through an Affidavit...

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  7. My wife's home foreclosed, I own my home free and clear of my spouse, Can her bank come after me for 2 her 2nd mortgage. AZ

    Answered almost 2 years ago.

    1. Diane L Drain
    2. John M McKindles
    3. Steven W Zachary
    3 lawyer answers

    Assuming that the 2nd lender on your spouse's home was not the party which foreclosed on her home, the non-purchase money security interest held by the 2nd lender typically allows for personal collection under that note. This is clearly her separate debt and her creditor would have no claim against you or your assets. The earlier answer correctly states that it gets somewhat complicated if you both acquired community assets, since her interest in those community assets might be vulnerable to...

    3 lawyers agreed with this answer

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  8. We need to get out of a timeshare that we can no longer afford due to our financial situation changing. How can we do this?

    Answered about 4 years ago.

    1. John M McKindles
    2. Mitchell Paul Goldstein
    3 lawyer answers

    Timeshares come in different formats, so it will be impossible to project the impact of discontinuing payment. I strongly suggest that you closely read any documentation you received regarding the timeshare to see if any terms address this situation. It may well be that your interest may just be terminated without any more formal action. Having said that, I cannot imagine any consequential negative impact that the loss of your timeshare interest would have on your credit. This is...

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  9. How can I get an old roommate to pay money she owes me?

    Answered about 4 years ago.

    1. John M McKindles
    1 lawyer answer

    Let me first mention that you should carefully read the roommate release form you refer to, which must be a form created by the property management company, and may describe the conditions under which the release was granted. It is possible that some of the terminology in there might be helpful. Second, you cannot legally retain her personal belongings as some sort of collateral for payment of a debt to you. Third, your best recourse for collection, unless you can reach agreement with her...

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  10. Renting but house going through Foreclosure and possible short sale

    Answered about 4 years ago.

    1. John M McKindles
    2. Marc D McCain
    2 lawyer answers

    I understand that your initial 6 month lease had an option to renew for another 6 months, if you paid an extra $25. However, I don't know if the $25 was the option fee or an additional monthly increase. This would make a difference. If it was a fee to exercise the option, then the burden was on you to pay it in order to exercise the option. Otherwise, the terms of the original lease would likely dictate the nature and ability to exercise the option. In any event, since you appear to be in...

    6 people marked this answer as helpful