John M McKindles’s Answers

John M McKindles

Mesa Real Estate Attorney.

Contributor Level 11
  1. I have a home in AZ that is rented and I can no longer afford the first and 2nd mortgages as my renter has left.

    Answered about 4 years ago.

    1. John M McKindles
    2. William C. Mack
    2 lawyer answers

    Mr. Mack did a good job of outlning your various options and the potential credit impact of those. However, I would like to add some information concerning your potential liability for a deficiency, particularly regarding the 2nd lender. It would be helpful to know what the value of the house might be. Generally, if there is no equity securing the 2nd, and it is not a purchase money loan, you would have a continuing liability for it after the first lender forecloses. You are likely...

    6 people marked this answer as helpful

  2. What are my rights conserning utilites when more than one tenant lives in the house??

    Answered about 4 years ago.

    1. John M McKindles
    1 lawyer answer

    I would need to know who the signers are on your lease and what the lease says about utilities. Generally, the allocation of responsibility for costs should be reflected in the lease agreement. Since you refer to only one meter for each of the gas and electric, it sounds like you may be in one half of a duplex and the other tenant rents the other half. There should consequently be 2 leases. each of which should address responsibility for utilities. If there is only one meter for each of...

    6 people marked this answer as helpful

  3. 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

    To clarify what I had written before, your timeshare documentation may well reflect a liability for additional payments which could impact your credit or simply that you lose your continued use of the timeshare upon failure to pay with no continuing obligation to pay, which would not affect your credit. Even if an indebtness should remain, many timeshare administrators do not report such to a credit reporting agency. In this time of economic uncertainty and the dramatically increased...

    6 people marked this answer as helpful

  4. How do I request the court and/or my ex's attorney for a copy of proof my ex is supporting a natural child?

    Answered almost 2 years ago.

    1. John M McKindles
    2. Robert Bruce Kopelson
    2 lawyer answers

    Since you are still in the midst of your divorce action, and are getting no cooperation from your husband's attorney regarding proof of your husband's financial support of another child, your recourse is to formally serve on his attorney discovery pleadings. In this case, Interrogatories should yield information from him about specifically how much support he has provided and when. A Request for Production of records would require him to provide you with any documentation he has which would...

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  5. I have 1st & 2nd loan on my primary residence in Arizona. If I walkaway can either mortgage company come after me on deficency?

    Answered over 3 years ago.

    1. John M McKindles
    2. Gregory Christopher Poulos
    3. Steven Roger Rensch
    4. Bernard James Conway
    4 lawyer answers

    More specifics would be needed to give a complete answer, but some parameters might help you. Arizona has 2 anti-deficiency statutes. One I call the purchase money security interest (PMSI) statute and the other I call the trustee sale statute. In your circumstances, your first (refinanced) mortgage (DOT) which was refinanced will likely proceed to trustee sale and you should have no personal liability for a deficiency thereafter. The HELOC is more problematic, as there is likely no equity...

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  6. AZ law - commercial lease and personal guaranteed.

    Answered almost 4 years ago.

    1. John M McKindles
    2. Christopher D Soto
    2 lawyer answers

    There are a few circumstances in Arizona under which signatures of both spouses are required in order to bind the marital community. Agreements regarding real estate, of which a lease agreement is such an agreement, and guarantee of the debt of another are both such circumstances. Otherwise, the signature of one of the spouses can bind the community. The net effect of having both of you sign the lease is to open your community assets, and any separate assets you may have, to liability for...

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  7. I live in AZ and my husband has his chiild support come out of his AZNG check but ex wife want to garnish my wages is it possibl

    Answered almost 2 years ago.

    1. John M McKindles
    2. James Portman Webster
    3. Steven W Zachary
    3 lawyer answers

    Since more information would be needed in order to accurately and more specifically answer this question, the current answer is...probably not. I glean from the facts given that you have not been joined in any way in the Utah divorce action involving your husband, so it would be unlikely that the Utah court would deign to exercise any jurisdiction over your assets and income. In any Arizona post-Decree effort to establish or collect child support, a current spouse's income is not considered...

    2 lawyers agreed with this answer

  8. My son has many bills he can not pay I told him to go bankrupt his mother-in-law said no way . Now he is buying another car

    Answered almost 2 years ago.

    1. John M McKindles
    2. James Portman Webster
    3. Gary D. Bollinger
    3 lawyer answers

    In Arizona, state statute allows the car owner up to $5,000 equity in a vehicle before it can be attached and sold by a judgment creditor/trustee in bankruptcy. If your son has only the one vehicle and it has less than $5,000 equity value, he will likely be able to retain possession of it, as long as he pays any debt secured by the car. That equity exemption doubles to $10,000 for a disabled person. Good luck.

    1 lawyer agreed with this answer

  9. If my home goes into foreclosure am i still responsible for HOA?

    Answered over 3 years ago.

    1. John M McKindles
    2. Nicholas Patrick Merrill
    2 lawyer answers

    As a supplement to the previous answer, I must advise you that your liability for payment of HOA fees and assessments is a personal liability, unlike some home financing or real estate taxes. This liability continues until you lose title ownership to the property, which typically takes place when the Trustee Sale takes place. It has been my experience that some HOA property management companies are pursuing individuals in court for payment of these costs, so I would not recommend that you...

    1 lawyer agreed with this answer

  10. Can a landlord require you to purchase renters insurance and require proof?

    Answered almost 4 years ago.

    1. John M McKindles
    1 lawyer answer

    There is no legal prohibition in Arizona against the landlord including in the lease agreement a provision that certain costs be paid by the tenant. Of course, the costs must be related to the occupancy of the unit. Renter's insurance typically pays you for the value of any personal property which may be damaged or destroyed in the unit, and the landlord is evidently attempting to protect himself from such claims by you. Without seeing the lease terms, I cannot comment much further, but it's...

    2 people marked this answer as helpful