John M McKindles’s Answers

John M McKindles

Mesa Real Estate Attorney.

Contributor Level 11
  1. Can I apply rent to agreed upon repairs?

    Answered over 3 years ago.

    1. John M McKindles
    1 lawyer answer

    When you say that your landlord contracted with you to effect repairs on the house you rent, do you have that "contract" in writing? If not, get it before you act on the repairs. If you do have a sufficient writing, follow the terms of it. Although the quotes may have been signed by both of you, that does not automatically designate who pays what. Further, if these are needed repairs, you may be able to require the landlord to pay for those repairs needed in order to make the premises...

    1 person marked this answer as helpful

  2. Freddie Mac foreclosure AFFIDAVIT OF OWNER-OCCUPANCY

    Answered over 1 year ago.

    1. Celia R Reed
    2. John M McKindles
    3. Theodore Lyons Araujo
    3 lawyer answers

    The other answers accurately reflect your compliance requirements, but I wanted to add that you should carefully review the Affidavit to ensure accuracy with the assertions therein before signing it. You doubtless qualify for this status, but the devil is often in the details, and government forms have a tendency to change format with no advance warning. For peace of mind, I suggest that you forward the form to an Arizona attorney for his/her review and fully discuss the facts. That way you...

  3. What happens after a quit claim deed is recorded in Maricopa County, AZ?

    Answered over 1 year ago.

    1. Celia R Reed
    2. Scott A Macleod
    3. John M McKindles
    3 lawyer answers

    The quit-claim deed transfers any interest in the property held by the transferor to the transferee (you). Your ownership interest in the property depends on what ownership interest the transferor had in it. If the transferor had no interest, you get no interest from a quit-claim deed. You can check out the chain of title online with the Maricopa County Recorder, and also check on who the County Treasurer shows as the title interest holder by checking on the Maricopa County Treasurer website....

  4. Community property question?

    Answered about 2 years ago.

    1. John M McKindles
    1 lawyer answer

    Essentially, since neither of the couple is an Arizona resident, but both reside elsewhere, the law of the forum of residence would normally dictate the nature of the interests of the parties. This also works to qualify the property interests of an Arizona couple with real estate interests out of state. Sometimes it depends upon the context of the analysis. If in a divorce action, the law of the non-community property state would likely apply regarding the nature of the interests. However,...

  5. My ex moved out but left personal property and he owes me money how long do i have to keep his property before i can sell it ?

    Answered over 2 years ago.

    1. John M McKindles
    1 lawyer answer

    Living together tends to get complicated, particularly as the split occurs. While there may be other actions you might take, depending on facts not described in your message, probably the most LEGALLY effective way to unravel and resolve the personal property matters is to sue him for the money he owes. That is likely to prompt his attention to do something about the collateral property matters as well. You will need to know how to get service of process on him, such as his current residence...

  6. Monthly parking charge - is it legal?

    Answered almost 3 years ago.

    1. John M McKindles
    2. Rixon Charles Rafter III
    3 lawyer answers

    Essentially, if the lease terms include the cost of the carport space as a required payment by you, it is a contractual obligation which would not be illegal under Arizona law. If the cost is not adressed as a term of the lease, then you may well have defenses against the payment of the fee. It sounds like you can possible negotiate that part of the lease at renewal. Meanwhile, perhaps you can find another tenant who would like to occupy the space for an offsetting fee. Good luck.

  7. What is the liability of my property management company?

    Answered almost 3 years ago.

    1. John M McKindles
    1 lawyer answer

    Your story is unfortunate, but not unique relative to having others managing your rental property. The first thing you should do is scrutinize your agreement with the property management company for any terms relating to liability of the management company. You may find that, if the agreement is a form provided by the management company, it likely has protective language insulating the company from liability. Second, with the facts you recount, you have strong supposition for negligence by...

  8. Can lender impose deficiency judgment on Single Family Income property in Arizona.

    Answered almost 3 years ago.

    1. John M McKindles
    2. Hamid Jabbar
    2 lawyer answers

    The Arizona anti-deficiency statutes apply to both owner-occupied and investment residential properties. If you qualify under the statutory criteria, it does not matter whether the dwelling was owner-occupied or an envestment property. Other critical factors may apply, such as whether the loan was a purchase money security interest or if you carry a second or HELOC (home equity line of credit). But to answer your particular question, the fact that the dwelling is an investment property would...

  9. My home is in foreclosure. Auction date is Sept1. Should we leave for a rental before the 1st and are we liable for any repairs?

    Answered almost 3 years ago.

    1. Patrick Ryan MacQueen
    2. John M McKindles
    2 lawyer answers

    Since you have short sale contracts being processed by the lender, it is probable, but not certain, that the Trustee Sale scheduled for Sept. 1 will be postponed. However, sometimes you might be advised by the lender that the sale will be postponed and the lender proceeds with the trustee sale anyway. Very unpredictable how lenders may act these days, and it is sometimes a case of one hand not knowing what the other is doing. Generally, you will not be personally liable for not making...

  10. I have a beneficiary deed to my mom's house. It has a loan balance on it. Can I sell the house without going to probate?

    Answered about 3 years ago.

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

    The short answer is that, assuming that the beneficiary deed was properly completed and recorded, the recording of the death certificate terminates your mother's interest in the property in favor of you, assuming you were the only beneficiary listed. This means that you have authority to sell the house without going through probate. There will be some complications dealing with the mortgage company yourself, since they will be unable to give you any information on the loan. They should...