Bert Daniel Millett’s Answers

Bert Daniel Millett

Mesa Contracts / Agreements Lawyer.

Contributor Level 7
  1. I Have a mortgage that is headed toward forclosure.I have no equity. I also have a judgement from a heloc on the same property.

    Answered 10 months ago.

    1. Bert Daniel Millett
    2. Scott L Greeves
    3. Robert J Adams Jr.
    4. Cheryl Rivera Smith
    5. Steven W Zachary
    6. ···
    6 lawyer answers

    In Arizona, distressed homeowners typically have good options to chose from in order to get out from under the distressed property. But there is no one-size-fits-all solution that works for everyone. What makes sense for you depends on your specific facts and objectives. Sounds like your 2nd position lienholder is signaling that it is willing to pursue the deficiency. You should get some legal advice about that. http://gundersondenton.com/our-team/attorneys/bert_d_millett/

    6 lawyers agreed with this answer

  2. What should I do re a residential real estate contract in which the sellers failed to disclose material info

    Answered over 1 year ago.

    1. Bert Daniel Millett
    2. Celia R Reed
    3. Michael T Millar
    4. Cheryl Rivera Smith
    4 lawyer answers

    The seller is required by Arizona Law to disclose all known material defects of the property prior to closing. If that didn't happen, you should explore your legal remedies. http://gundersondenton.com/our-team/attorneys/bert_d_millett/

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. How do you get a Lis Pendens romoved? Can I sue for damages, lost sales etc. for this injustice?

    Answered about 2 years ago.

    1. Bert Daniel Millett
    2. Brandon Kavanagh
    3. Barry Franklin Poulson
    3 lawyer answers

    Arizona has a wrongful lien statute with some teeth. Basically, you can made written demand that the person who recorded the encumbrance against your property remove it within 20 days, or else the person could be liable for three times the damages caused by the wrongful lien plus your attorney’s fees. http://gundersondenton.com/our-team/attorneys/bert_d_millett/

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  4. Rented a house in foreclosure

    Answered over 1 year ago.

    1. Allison Preston
    2. Bert Daniel Millett
    3. Lonnie K McDowell
    3 lawyer answers

    If your lease predates the recorded Notice of Trustee’s Sale, you have some rights under the Protecting Tenants in Foreclosure Act. Basically, that means you don’t necessarily have to move after the foreclosure. If your lease happened after the recorded Notice of Trustee’s sale, your landlord should have disclosed it. You may have some claims worth pursuing along those lines. Arizona Law says 48 hours notice is all that is required as long as it is a reasonable time of day. http://...

    3 lawyers agreed with this answer

  5. I am a real estate investor that mostly buys houses at the trustee sales with the intention of fixing and flipping the home.

    Answered almost 2 years ago.

    1. Diane L Drain
    2. Bert Daniel Millett
    3. Luca Cristiano Maria Melchionna
    3 lawyer answers

    Sounds like you are familiar with the Protecting Tenants in Foreclosure Act of 2009. If it is anyone in the property besides a bona fide tenant as defined in that Federal law, you can either induce them to leave or force them to leave. Most sophisticated entities taking back properties at trustee’s sale prefer to use the carrot (usually some kind of cash-for-keys incentive) rather than the stick (eviction). But the stick works just fine. It starts with a 5 day notice to vacate the property....

    3 lawyers agreed with this answer

  6. What is the sellers responsibility when a/c units are not working properly before purchase?

    Answered over 2 years ago.

    1. Bert Daniel Millett
    2. Robert H Nagle
    3. Brandon Kavanagh
    4. Lara O. Chubaty
    4 lawyer answers

    If you are still within the inspection period of your purchase contract, you can give written notice to the seller that you disapprove the condition of the AC unit. The seller then has the choice to repair or replace it or let you out of the contract. If the seller declines to repair or replace, you may have to decide whether it is worth it to close on the contract and to repair or replace the AC unit yourself.

    3 lawyers agreed with this answer

  7. My mother passed away and after doing some research we discovered that her house (AZ) is worth less than we can sell it

    Answered over 2 years ago.

    1. Bert Daniel Millett
    2. Harry J Lenaburg
    2 lawyer answers

    It is unlikely that the estate of your mother would have any residual liability should the property go to foreclosure. But the estate could have some deficiency issues and tax problems to resolve depending on the nature of the underlying financing. There may be compelling reasons for the personal representative of the estate to consider various alternatives to foreclosure as well.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. My ex domestic partner lost our home to the bank after I quit claimed it to her. Am I still responsible for the debt?

    Answered over 1 year ago.

    1. Steven W Zachary
    2. Bert Daniel Millett
    3. Douglas Garth Edmunds
    3 lawyer answers

    If you were originally obligated on the loan(s) secured by the property, you may be responsible for the deficiency (the balance owed) after the trustee’s sale. It depends on the nature of the financing and the property. http://gundersondenton.com/our-team/attorneys/bert_d_millett/

    2 lawyers agreed with this answer

  9. Is our HELOC subject to deficiency or non-deficiency (Arizona)?

    Answered about 2 years ago.

    1. Bert Daniel Millett
    2. Timothy Paul Remick
    3. Douglas Garth Edmunds
    3 lawyer answers

    You have an issue with that 2007 HELOC. To come under the protection of the anti-deficiency statute, it must have been used to purchase or refinance the purchase money loan for the same property. Since you borrowed money against the first home to purchase an entirely different property, the loan is not a “purchase money” loan. Therefore, under Baker v. Gardner, the lender may be allowed to waive its security and sue on the underlying balance on the loan.

    2 lawyers agreed with this answer

  10. I am really confused about the law in Arizona that covers landlord tenant situations.

    Answered about 2 years ago.

    1. Bert Daniel Millett
    2. Anne Brady
    3. Barry W. Rorex
    3 lawyer answers

    The answer to your question may hinge on how the lease was drafted. Generally, landlords have the flexibility to work with renters by accepting progress payments towards the full amount of the monthly rent. Accepting partial rent without a written statement saying it’s not payment in full does not necessarily waive the landlord’s right to collect the balance. But there are situations where acceptance of partial rent could result in a waiver of the balance owed for that month. It depends on the...

    2 lawyers agreed with this answer