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John M McKindles

John McKindles’s Answers

46 total


  • Freddie Mac foreclosure AFFIDAVIT OF OWNER-OCCUPANCY

    My wife and I are buying a second home in Arizona. We have an accepted contract on a Freddie Mac foreclosure and they require an AFFIDAVIT OF OWNER-OCCUPANCY. I will be in the house about 7 months a year but my wife only 3 months. We are joint ...

    John’s Answer

    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 will have peace of mind in exchange for the cost of an initial consultation. Cheap insurance. Good luck.

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  • 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

    Arizona Foreclosure ....@nd mortgage to put in pool, pay off car loan, house (1st and 2nd mtg)was purchased yrs....before my wife even met me. She is and hasalways been only one on debt and title... Thank you

    John’s Answer

    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 access by the 2nd lender if/when it obtains a judgment against her.
    I definitely suggest that you consult with a real estate attorney to review the facts in detail so you can have some peace on this front.
    Good luck.

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

    How do I get a copy of the new deed showing just my name?

    John’s Answer

    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. Hopefully you had a title search done to confirm the interest of the transferor.
    Good luck.

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  • 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

    can this other car be taken away by his bill collectors ?

    John’s Answer

    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.

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  • 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

    my husband has no other source of income and im working 2 jobs to take care of my 3 kids that live at home from a previous marriage which ended in his passing. His ex wife wants to garnish my pay checks so she can get her full child support month...

    John’s Answer

    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 except for the limited purpose of offsetting current living expenses of the obligor ex-spouse.
    However, it is unclear how you may have been pulled into the Utah action, so it may be helpful to consult a Utah attorney if the action is currently ongoing in a Utah court. I suspect that a simple consultation would help clarify this for you and would be worth the peace of mind.
    Good luck.

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

    In the midst of my divorce, through court documentation I discovered my ex has a child outside of our marriage. He is claiming the child lives with him and he provides support for this child. My ex is currently stationed overseas in the military. ...

    John’s Answer

    • Selected as best answer

    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 support a claim of him providing such support, such as copies of negotiated checks.
    It is curious that although you knew nothing about another child, you have no doubt that he has another child. If there is any other information which leads you to conclude that he in fact does have another child, you might be able to track down information from that source...such as who is the mother of the child, etc.
    Once his attorney is served the discovery, she is required by court rule to timely provide this information to you. Without having provided such proof, she is restricted from presenting it in court. That would enhance your ability to successfully argue that he is not entitled to a deduction for calculation of child support.
    Finally, since he is in the military, the armed forces takes family responsibility very seriously. You can ask in the discovery for copies of any military allotment documents showing his support of another child. If he is not supporting a child of his, and the military is made aware of this, it would negatively impact his status with the military. I am not saying that you should alert the military, since that might not be strategically advantageous to you. However, you can at least demand from his attorney any such documentation to show that he is in a precarious situation, which may lead to a concession from him. Tell his attorney to get over it and provide the documents if she has them.
    Good luck.

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  • Community property question?

    If a married couple residing in a non-community property state purchase a vacation home in Arizona during their marriage, is the vacation home treated as community property because it is in Arizona or non-community property because the married cou...

    John’s 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, it can get more complicated as facts develop, such as one of the parties possibly establishing residency in Arizona prior to filing for divorce in Arizona, etc.
    This distinction can also be largely academic, since even most common-law property states have methods for equitably distributing property assets acquired during marriage. Most courts will try to find some way to be fair.
    Other considerations would also include how title was taken or if there is an existing pre-nuptial agreement.
    Hope this helps.

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  • 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 ?

    my ex boyfriend moved out in august and has made no effort to pick up his personal property which includes clothes, a vechicle , large fish tank and wall ornaments...He owes me a large amount of money and has made no attempt to pay it back. I ha...

    John’s 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 address or work address. Also make sure you have all relevant documents pertaining to the debt he owes you.
    I suspect that you have given him many last chances to pay and pick up, but it may be wise to give him a date certain after which you intend to take legal action. Then just do it.
    As mentioned, there may be other actions you might take, including practical measures, depending on a deeper discussion of the facts.

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  • Monthly parking charge - is it legal?

    is it legal for my management company to force me to pay monthly for a reserved car port space when i would prefer to park in a non-reserved / non-car port space?

    John’s Answer

    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.

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  • What is the liability of my property management company?

    My husband and I own a property that we rent through a property management company. The previous renters moved out several weeks ago, and we were notified that the locks had been changed. We were recently informed that the house had been broken ...

    John’s 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 the company, but not proof by a preponderance, which you would need to prevail in court.
    Third, with only $1,000 at issue, you run the risk of the company hiring an attorney and bumping the matter from small claims to justice court civil, and asking for attorney fees.
    Finally, you may need to continue using a management company for your rental, and word gets around. You may find other companies a bit reluctant to assist you if word gets out that a lawsuit was filed over only $1,000.
    As a practical matter, I would suggest trying to work out some compromise with the company, such as it taking a reduced management fee for awhile to assist in offsetting your costs.
    Mainly, I suggest that the combination of the probable wording of the management agreement and the weak facts weigh against taking this matter to court.
    Good luck.

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