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John M McKindles

John McKindles’s Answers

46 total

  • I signed 1 year contract for rent with Real Property Management EAST VALLEY, on May, 31, 2010, but I received e-mail from Owner.

    Owner e-mail. Have you had a chance to talk to your family about moving out of the house earlier? Please let me know ASAP. I'll give you a call at some point tomorrow to discuss more. My response. After careful consideration of the proble...

    John’s Answer

    Evidently, you signed a lease with or through a property management company and are now dealing directly with the House owner. Without seeing the lease agreement, it would be impossible to comment on the impact of any lease provisions on your situation. I gather that your family would prefer to remain in the premises for the balance of the lease term without interruption. As long as you are compliant with your responsibilities under the lease, you have a right to remain in the property consonant with the lease terms, and have a right to quiet enjoyment. This means that you are not required to vacate the premises on an hour's notice in order to allow the premises to be shown to a prospective buyer. In fact, barring any lease provision to the contrary, you have no obligation to allow anyone else in the property. Aside from the obvious inconvenience, you run the risk of exposing your personal property in the house to unknown third parties who might damage or steal it.
    Further, there is no guarantee that a short sale will take as long as predicted by the owner; however, the owner states specifically that the house won't be sold before you move out. It is unlikely that the owner can commit to that under the circumstances.
    Briefly, you have no obligation to cooperate with the owner in this fashion, unless the lease terms so provide, which I doubt.
    Having said this, the Landlord normally has a right to inspect the premises for safety or damage assessment reasons upon reasonable advance notice, but not to show the property to potential buyers.
    While I sympathize with the owner's plight, a more important consideration for you is your family's need and right to remain in the property for the lease term in quiet and peaceable enjoyment.
    Again, my comments may change depending upon a review of the lease documents and further exploration of the facts.

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  • Rules for HOAs in AZ - Fall under AZ title 10 or AZ title 33?

    Many of the residents in my townhouse complex have issues with our HOA Board members and the way they are doing business. We want to approach the situation in the correct ways, and are looking to the AZ statutes to help us shape our plans. Tit...

    John’s Answer

    Issues involving formation of the HOA entity would be located under Title 10, while most questions involving actions taken by HOAs can be found largely under title 33, the general real estate title. However, it would pay for you to first review the applicable formation documents of the current Association, with any updates, in order to see if there are additional operational parameters, such as may be found in the entity by-laws or the community CC&Rs (Declaration of Covenants, Conditions & Restrictions). You should have been provided those when you purchased your unit in the complex. You can also request minutes of past meetings, etc. if you are specifically looking for authorized actions.
    It might pay for you to purchase some consultation time with an attorney in Tucson to review your community documents and discuss the actions of the Board you are questioning.
    Good luck.

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  • Breaking a Lease Through Marriage

    My boyfriend and I have told our apartment complex about all the problems we are having and asked about breaking the lease. We told them we couldn't afford the rent and they told us that if we broke the lease early we would have to pay over $4,000...

    John’s Answer

    The short answer to your question about your marriage being a justifiable basis for terminating your lease obligations is no. I assume that you and he are signers on the same lease and you each would continue to retain any liability after marriage for the obligations you had before marriage.
    I am curious about "all the problems" you referenced. If the problems relate to the apartment, there may be other factors or other bases which may provide an opportunity to terminate the lease. However, simply not being able to afford the rent payments is not likely to exempt you from the liability. Consulting with an attorney who can review your lease agreement with you while discussing the facts in more detail might be helpful.

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  • 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?

    I was living here when she passed away a few years ago. I payed the mortgage off last year. She has four children; my mom and three uncles. They are all willing to sign it over to me without cost. It wasn't in her will. It's a mobile home and prop...

    John’s Answer

    • Selected as best answer

    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 for Collection of Personal Property. But title should pass to the devisees (her children, I suspect) and they can then convey to you. If the net value (market value minus any liens or encumbrances) of the home as of the date of your grandmother's death exceeds fifty thousand dollars, the home will need to be probated in order to clear title.
    I

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

    landlord is demanding renters insurance and proof of insurance as a condition of the lease

    John’s 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 protection which may benefit you as well if your negligence contributed to your property damage. I suggest that you explore the cost of the insurance and calculate that in with your lease rate. Then you will be in a better position to compare that amount with what you might have to pay elsewhere.

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  • Renting but house going through Foreclosure and possible short sale

    I am renter in Mesa AZ. We have been renting since March of 2010. 4 months after we moved in we received a Trustee sale notice for 10/22/10. I have been checking the LPS website daily to make sure it isnt postponed. So last night the landlord ...

    John’s Answer

    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 a month to month, a 30 day written notice would likely be required under a transfer by Trustee Sale. With a short sale approval, you should still have a 30 day written notice from the landlord.

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  • 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.

    I am retired and live in another state. If I default/foreclose on the first loan, what are my options/impacts as to the 2nd loan. It was made for use as a down payment for my retirement home out of state. The first loan balance is for $539k and th...

    John’s Answer

    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 protected on the first loan under at least one of the two antideficiency statutes in Arizona. Even if the second lender does not pursue payment from you, it will likely submit a 1099 to IRS for the amount, triggering a potential tax liability for the "forgiveness of debt".
    A short sale would necessarily require the consent of the 2nd lender and, given the proper releases, should be a better direction in order to effectively deal with the 2nd. However, short sales are dicey, take a while and are fraught with frustration. Meanwhile, you run the risk of the first foreclosing if you are not remaining current on the payments. The catch 22 is that as long as you are making payments, the lenders seem uninterested in working/approving short sales. Again,it would help to know more about the value of the house.

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

    the gas and electric are in my name, there are only one meter for the gas and one meter for the electric, the landlord excepts me to collect the part the other tenant owes, what are my rights and what are the laws conserning this??

    John’s 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 the utilities, how would allocate the amount each of the tenants uses?
    Notwithstanding what the responsibilities are among you, the other tenant and the landlord, since the utilities are in your name, you have the liability to the utility company for payment. Given more information about the nature of the living situation and the lease(s), I could be more specific about your contract liabilities and rights among you the other tenant and landlord.

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  • 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?

    Due to our financial situation changing and the skyrocketing increase in maintenance fees and club dues we can no longer afford this. How will a foreclosure affect our credit and for how long?

    John’s Answer

    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 incidence of foreclosures, it would be very difficult to quantify any specific impact on your credit rating. Actually, this applies to the impact of residential Trustee Sales as well. One other factor to consider is the potential tax consequence if there is a remaining indebtedness that can be collectable. If the creditor files a 1099 with IRS, there may be a tax eventually assessed for forgiveness of indebtedness. Again, we don't know enough from the facts given.
    Good luck.

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  • 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?

    Due to our financial situation changing and the skyrocketing increase in maintenance fees and club dues we can no longer afford this. How will a foreclosure affect our credit and for how long?

    John’s Answer

    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 dissimilar from the typical Trustee Sale under Deed of Trust scenario which constitutes the vast bulk of "foreclosures". The answer to your initial question of how you can get out of it is simply, don't pay. The addition of further factual details might, of course, change the specifics of this answer.

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