James R. Andrews II’s Answers

James R. Andrews II

Chandler Workers' Compensation Lawyer.

Contributor Level 12
  1. How I can stop the Foreclosure against my house ? what I have to file with court ? I already file complaint . what also ?

    Answered over 1 year ago.

    1. Diane L Drain
    2. James R. Andrews II
    2 lawyer answers

    You must pay your mortgage. However, if you have a viable cause of action against the lender, you may seek a TRO, to request a court ordered stay of the sale of your home until a judge can determine if you have cause to keep the lender from foreclosing. This hearing will happen within 10 days of filing the TRO. You may also file bankruptcy. Though these measures may postpone a foreclosure, you will have to make payments, and either negotiate the payment of the arrears or make payment(...

    1 person marked this answer as helpful

  2. What can we do to get our security deposit back? Landlord Tenant question fo New York city.

    Answered over 1 year ago.

    1. James R. Andrews II
    2. Ryan Adam Ballard
    2 lawyer answers

    By contract and by law, the LL owes you the deposit if you did not damage the premises in a greater amount than the deposit or did not breach the lease in any manner. In some jurisdictions, you may be able to collect punitive damages two times or more than the wrongfully withheld deposit. Seek NYC counsel for the specifics of what you can recover.

    1 person marked this answer as helpful

  3. Where can I get a copy of the Arizona law regarding prescriptive easements?

    Answered over 1 year ago.

    1. James R. Andrews II
    2. Matthew M Ellingson
    3. Bert Daniel Millett
    3 lawyer answers

    MCDot is a good place to check. http://www.mcdot.maricopa.gov/survey/SRI/publications/AZ_Surveying-BoundaryLaw/Chp7_Easements_and_Licenses.pdf .

    1 person marked this answer as helpful

  4. What docs i should receive after short sale my home to release all liens. Asked 11 days ago - Chandler, AZ I

    Answered over 1 year ago.

    1. Douglas Garth Edmunds
    2. James R. Andrews II
    3. Valentine C. Castillo
    3 lawyer answers

    In order for the property to sell, the purchaser is going to need clean title, which means all liens must be satisfied/paid off or settled. In order for a short sale to close, there must be an approval from the lender(s) . Consult your title company to determine if there are any liens on the property and an attorney to discuss your potential liability.

    1 person marked this answer as helpful

  5. Can you be evicted if you had verbal agreement with landlord and eviction was done after rent was deposited

    Answered over 1 year ago.

    1. James R. Andrews II
    1 lawyer answer

    Arizona Revised Statutes ("A.R.S.") 33-1310 provides a definition of a rental agreement which includes written, verbal or those that are implied at law. When an agreement to rent has been formed even if it is oral then the procedures of A.R.S. 33-1368 must be followed to evict a non-paying tenant. A.R.S. 33-1368. Noncompliance with rental agreement by tenant; failure to pay rent; utility discontinuation; liability for guests; definition subsection B states as follows: A tenant may not...

    1 person marked this answer as helpful

  6. Due to a bankruptcy my apartments have new management. do they still have to take me to court to kick me out or just lock meout?

    Answered about 3 years ago.

    1. James R. Andrews II
    2. Jeffrey B. Lampert
    3. Theodore Lyons Araujo
    4 lawyer answers

    To pursue an eviction, a landlord must follow a specific process as laid out in the AZ Residential Landlord Tenant Act. In order for an eviction process to be properly effectuated, for non-payment, the LL must produce the lease detailing the payment terms, the LL must produce the 5 day notice and proof of its service, the LL must properly serve the Tenant with a summons and complaint and the LL must produce business records proving the Tenants delinquent rent. For the LL to prevail, he/she...

    1 person marked this answer as helpful

  7. Real Estate Law Suit Inquiry

    Answered about 3 years ago.

    1. James R. Andrews II
    2. Erik Hammarlund
    2 lawyer answers

    Yes, you can file a motion to vacate the judgment against you and re-open the case, however you must act promptly as the statute in AZ tolls six months from the date of the judgment. You need not appeal the decision, but submit your motion to the court that ruled on the matter previously. Particularly because you were confused by the Order you received I strongly advise you to consult an attorney to help you navigate the judicial process to insure the best outcome in your favor. Please...

    1 person marked this answer as helpful

  8. Our home was auctioned in Az & sold will we have to pay the dffrnc or go after my properties?

    Answered over 3 years ago.

    1. James R. Andrews II
    1 lawyer answer

    Fortunately for you AZ is an anti-deficiency state. If you sell your home in a short-sale or if it is foreclosed on, a lender may generally pursue a deficiency judgment against you for the difference loan balance and the greater of either the winning bid at the foreclosure sale or the fair market value property on the date of the sale. However, in Arizona, a lender may not seek a deficiency judgment under A.R.S. §33-729(A) which pertains to purchase money mortgages or A.R.S. §33-814(G)...

    1 person marked this answer as helpful

  9. End of 6 month lease on 3/11. Landlord wants me out so he can move back in. I want to stay. What rights do I have?

    Answered over 3 years ago.

    1. James R. Andrews II
    2. Jeffrey B. Lampert
    2 lawyer answers

    The terms of your lease rule. If you have a 6 month lease both you and your landlord are obligated to fulfill it. You are not required to leave prior to the expiration of the lease, however your landlord is not obligated to allow you to continue occupancy beyond the six month term. If March 16 is before the six month date, you do not have to leave, however, if it is the date of the lease expiration or later, you do not have legal recourse.

    1 person marked this answer as helpful

  10. IF A LANDLORD ACCEPTS A PARTIAL PAYMENT FOR RENT, CAN THEN STILL PROCEDE WITH A FORCEABLE DETAINER

    Answered over 3 years ago.

    1. James R. Andrews II
    1 lawyer answer

    § 33-1371. Acceptance of partial payments A. A landlord is not required to accept a partial payment of rent or other charges. A landlord accepting a partial payment of rent or other charges retains the right to proceed against a tenant only if the tenant agrees in a contemporaneous writing to the terms and conditions of the partial payment with regard to continuation of the tenancy. The written agreement shall contain a date on which the balance of the rent is due. The landlord may...

    1 person marked this answer as helpful

Contact Andrews Law. We are ready to help!.

480-237-9756