John M McKindles’s Answers

John M McKindles

Mesa Real Estate Attorney.

Contributor Level 11
  1. Will my wages be garnished for unpaid rent/lawyer fees?

    Answered almost 4 years ago.

    1. John M McKindles
    1 lawyer answer

    Since the judgment has been entered recently, presumably in Justice Court, you might timely appeal it to Superior Court. It does not sound as though an appeal would be successful, however. Your bankruptcy filing in March would not have included your liability for the subsequent judgment, and so the judgment is viable and can be collected against any non-exempt assets you have. It is very likely, with what you have stated, that your wages could be garnished. Unfortunately, your mother may...

  2. I live in AZ and have a prenup. Can my husbands bill collectors attach my wages for my husbands bills?

    Answered almost 4 years ago.

    1. Ronee F Korbin Steiner
    2. John M McKindles
    2 lawyer answers

    If The prenup properly specifies that your respective debts and assets (including income) will remain separate during the marriage and you were not signing on the credit card debt at issue, his creditors would have no claim against your wages, either before or after he files another bankruptcy. Further, once he files bankruptcy, by himself, the bankruptcy estate would include any community assets and community debt. If the prenup was properly drafted, executed and followed, you would continue...

  3. I have to move oversea permanently due to a job relocation. If I foreclose my AZ home, will HOA be able to garnish my wage?

    Answered almost 4 years ago.

    1. John M McKindles
    1 lawyer answer

    Your job relocation really does not impact the legal consequences of a trustee sale of your real property. Whether the lender(s) can sue you for a deficiency depends upon whether or not you can qualify under one of Arizona's 2 anti-deficiency statutes. You are not likely to have a personal obligation to continue to pay real property taxes, but you will likely have a personal obligation to pay HOA dues and assessments as long as title of the real property is in your name. Title would change...

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

    Answered almost 4 years ago.

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

    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...

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

    Answered almost 4 years ago.

    1. John M McKindles
    1 lawyer 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 &...

  6. Breaking a Lease Through Marriage

    Answered almost 4 years ago.

    1. John M McKindles
    1 lawyer 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,...