Brandon Kavanagh’s Answers

Brandon Kavanagh

Flagstaff Real Estate Attorney.

Contributor Level 12
  1. Contract on Short Sale, 1st accepted, but now there's a 2nd

    Answered over 1 year ago.

    1. Brandon Kavanagh
    2. Celia R Reed
    3. Matthew Scott Berkus
    3 lawyer answers

    As has been pointed out, there is only one legal issue, which is that the lenders are not required to accept less than what they are owed in a short sale. The lenders are in fact holding you hostage if they know you want the house because they are trying to squeeze as much cash out of the transaction as possible before they accept the rest of the loss. As a buyer, you have very little legal standing to complain since the alternative is to be willing to take the house subject to any lien that...

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  2. In the state of Arizona, what does it take to legally add a person to the title of your home?

    Answered almost 2 years ago.

    1. Brandon Kavanagh
    2. Douglas Garth Edmunds
    2 lawyer answers

    I agree that you need a deed to add someone to title. The next issue is what kind of deed and what kind of title do you want to have, and that depends on what you are trying to achieve. Are you doing this for estate planning purposes only? Then you should talk with an attorney about doing a beneficiary deed. Are you doing this to actively co-own property with a relative now? If so, then you need to likely have a special warranty deed done. You also need to decide whether or not you want...

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  3. Should I get a written withdrawal of "10 day notice of termination" of my apartment rental agreement?

    Answered over 2 years ago.

    1. Brandon Kavanagh
    2. Rixon Charles Rafter III
    2 lawyer answers

    You should not have to do anything if the leasing office has "torn up" the original notice since that would have been the proof of the basis for termination of the lease and then eviction (legally called "forcible entry and detainer"). If you would like to be extra safe, you could ask for a short note from the leasing office on their letterhead saying that the notice dated ____ has been withdrawn. If you want to write that note yourself, that is really what you need to focus on - identifying...

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  4. Will a bank owned home be willing sign a deed over if we agreed to release them from all liability?

    Answered over 2 years ago.

    1. Brandon Kavanagh
    1 lawyer answer

    You are not likely to get the property for free but you can certainly negotiate with the bank for a reduced price based upon the problems with the property and the potential liability of the bank because of the flood zone issues. Have you tried to make an offer on the property before? Or have you just heard that generally the bank is not looking to sell the property? Most bank owned properties are listed with a broker/realtor, so you should be able to open up a dialogue with someone to see...

    3 lawyers agreed with this answer

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  5. Should I do a short sale, deed in lieu of foreclosure, and if so, should I file a Chapter 7 Bankruptcy before?

    Answered over 2 years ago.

    1. Juan Antonio Perez Jr.
    2. Brandon Kavanagh
    3. Ian Marc Falcone
    4. Carl P DeLuca
    5. Clayton Woodrow Cook-Mowery
    5 lawyer answers

    I agree that if you are going to file Chapter 7, and can qualify to do so, then you have no reason to deal with discussions of short sales, deed in lieu, or deficiency issues with your lender. Once you file successfully, then the bank can choose to lift the automatic stay to foreclose on the property. if they do, you would already be insulated from any deficiency issues by having filed bankruptcy regarding that debt. It is sometimes amazing to hear the stories about how your credit can...

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  6. Declarant Approval Required. After the expiration of the Period of Declarant

    Answered over 2 years ago.

    1. Brandon Kavanagh
    2. Robert H Nagle
    2 lawyer answers

    The Declarant is whoever owned the property and put in place the Covenants, Conditions and Restrictions (CC&Rs). It could be a person, a corporation, a partnership, etc., but it is who owned the property at the time the CC&Rs are "declared" to apply to the land. Just like Mr. Nagle mentioned, the most frequent time this language comes up is when the Declarant is the developer of a subdivision or a condominium and is selling lots or units but has not sold them all (or some significant...

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  7. What triggers the creation of Landlord/Tenant relationship and what steps to take to remove someone from my household?

    Answered over 2 years ago.

    1. Brandon Kavanagh
    2. Brandy Ann Peeples
    3. Rixon Charles Rafter III
    3 lawyer answers

    They have been living there long enough that you would have a difficult time calling them anything but tenants. They are not guests after 3 years. Have you tried talking to them first to explain that you are trying to sell the house? Your description gives no indication of what kind of relationship you have with your in-laws, so I do not know if you can try to resolve this with a discussion rather than a notice. If, ultimately, you have to force the issue, you should discuss with a MD...

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  8. My mother just passed, she only has one asset her house, no will , deed is in her name 5 siblings,

    Answered 6 months ago.

    1. Gregory James Larson
    2. Brandon Kavanagh
    3. Lara O. Chubaty
    3 lawyer answers

    Mr. Larson gave a very good overview of the process. Just to explain further what he is describing, we have a "short cut" probate process in Arizona for real estate valued under $75,000, which is the affidavit process he described. The fact that all your siblings are willing to cooperate is what makes this work because otherwise the Arizona probate statutes would act as your mother's will and most likely give you and your siblings equal undivided shares in the house. If you have any problems...

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  9. When a complaint is filed with the AZ Dept. of Real Estate, what are the consequences if they never investigate it?

    Answered over 1 year ago.

    1. Brandon Kavanagh
    1 lawyer answer

    This is not a question that can be answered without seeing the judgments as the judgments could include determinations that the Department might be able to act upon. You need to contact an attorney familiar with Arizona Department of Real Estate licensing issues and go over the judgments and the complaint against you.

    3 lawyers agreed with this answer

  10. If I loaned 50,000 to a person and her signed the money transfer that he would pay me, can I put a lien on this property ?

    Answered over 1 year ago.

    1. Brandon Kavanagh
    2. Valentine C. Castillo
    3. Anne Brady
    3 lawyer answers

    You need to speak with an attorney, as the other posting attorney recommended, about the issue of filing a lawsuit. To answer your question, you do not present any facts that would show a way for you to get a lien on anyone's property without getting a judgment first. Pre-judgment liens usually require the consent of the borrower either at the time of the loan (such as a deed of trust or a car title lien) or an agreement to a lien at the time of enforcement (such as a settlement where the...

    3 lawyers agreed with this answer