Brandon Kavanagh’s Answers

Brandon Kavanagh

Flagstaff Real Estate Attorney.

Contributor Level 12
  1. Buying a short sale in Arizona. Seller and bank will not pay for past due HOA fees. What recourse does the buyer have.

    Answered about 2 years ago.

    1. Brandon Kavanagh
    2. Stacy E Scheff
    3. Robert H Nagle
    3 lawyer answers

    Here is a perfect situation where the law and practical reality collide. Legally, the HOA cannot pursue the buyer for the payment of past due HOA assessments that accrued before the transfer of title to the buyer. The problem is that the real question is what do you have to do to get the deal done. In a short sale, the lender is deciding what it is willing to accept in return for lifting its priority lien on the property to allow the sale to proceed. If the lender says it will not pay back...

    3 lawyers agreed with this answer

  2. I want to start selling my homemade gourmet carmel in Arizona can I make it in my home before getting a industrial kitchen?

    Answered over 2 years ago.

    1. Brandon Kavanagh
    1 lawyer answer

    You need to sit down with an Arizona attorney familiar with the Tempe area and its particular zoning issues that is also a business attorney. The first issue is certainly whether your zoning permits you to make and sell your product out of your home. If you live in a subdivision with CC&Rs, you would also need to know if they restrict your home business. Since you are making a food product for sale, you might also need to check with the health department. If you are allowed to open a home...

    3 lawyers agreed with this answer

  3. Do I have a legitimate case?Am I considered an independent contractor?Do I file through small claims or through labor board?

    Answered over 2 years ago.

    1. Darrel S Jackson
    2. Brandon Kavanagh
    3. Bryant Keith Martin
    3 lawyer answers

    You may want to sit down with an Arizona attorney to discuss this as there is a wage law in Arizona that may award you triple the amount of your pay that is still owed to you if it can be shown that your wages were improperly withheld from you.

    3 lawyers agreed with this answer

  4. Is it legal in the state of arizona to give my bloodwork results to someone else other than me with out my consent?

    Answered almost 3 years ago.

    1. Brandon Kavanagh
    2. Brian S Wayson
    2 lawyer answers

    While your facts are not quite enough to give you a complete answer, it sounds like you need to sit down very soon with an attorney to discuss the possible HIPAA violation for you layered with a potential whistleblower issue for your husband.

    3 lawyers agreed with this answer

  5. What Arizona statute supports rescission as a means for fraudulent contract?

    Answered almost 3 years ago.

    1. Robert John Murillo
    2. Scott L Greeves
    3. Brandon Kavanagh
    3 lawyer answers

    You need to talk with an Arizona attorney as your facts are not sufficient to really be able to answer your question. If you are trying to pursue some form of consumer fraud, that is one issue that involves certain facts. If you are trying to recover your money after the contractor has not done the work but is still keeping the money, that is potentially a different claim called unjust enrichment. As another posting attorney mentioned, there is a potential third avenue, which is a Registrar...

    3 lawyers agreed with this answer

  6. Where can my wife find someone to translate a korean document for her.

    Answered almost 3 years ago.

    1. Lara O. Chubaty
    2. Brandon Kavanagh
    3. Thomas John Cesta
    3 lawyer answers

    You may also want to contact your local court to see if they can get you in touch with the certified interpreters that are hired by the court to assist those that do not speak English when they appear in court. If you can find a connection through this path, you are more likely to find someone familiar with legal terms in Korean rather than someone who just may know the Korean language. If your county cannot assist, I would recommend contacting the Maricopa County courts as I know that they...

    3 lawyers agreed with this answer

  7. What forms are required to file a Release of a Deed of Trust on Real Estate Property in Maricopa County, AZ?

    Answered almost 3 years ago.

    1. Brandon Kavanagh
    2. Robert H Nagle
    3. Douglas Garth Edmunds
    3 lawyer answers

    You are looking for a deed of release and reconveyance. As stated by the other poster, an attorney or a title company can draft up the form. Part of the question is whether you are the lienholder/lender or if you are the owner/borrower. The document has to be signed by the lienholder/lender rather than just by you, if you are the owner/borrower. The signature also has to be notarized so that the document can be recorded.

    3 lawyers agreed with this answer

  8. Unjust Enrichment against University?

    Answered almost 3 years ago.

    1. Brandon Kavanagh
    2. Rixon Charles Rafter III
    3. Christine C McCall
    3 lawyer answers

    You need to sit down with an Arizona attorney familiar with university-based residency determination issues and discuss your specific facts as to how you feel you are a resident and the basis the university has for saying that you are not. Regarding unjust enrichment, you have to have taken some action first that is shown to benefit the other party before you can state that the other party has been unjustly enriched. Before you decide to file any sort of claim against anyone in your...

    3 lawyers agreed with this answer

  9. Do I need a Real Estate lawyer?

    Answered almost 3 years ago.

    1. Roberto Cuan
    2. Brandon Kavanagh
    3. Benjamin G Kelsen
    3 lawyer answers

    It can be difficult to deal with a change in lenders. From what you are saying, you should get a local NJ attorney to assist you in hashing the situation out with your new mortgage company. Sadly, sometimes the same words you say are not "heard" as well as when the same words are said on an attorney's letterhead.

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  10. We own property which also includes a private road in and out of our home . There is a small parcel with a rental mobile home.

    Answered about 2 years ago.

    1. Brandon Kavanagh
    2. Jonathan A Millet
    3. Scott A Macleod
    3 lawyer answers

    You have a few issues here that you need to evaluate with a real estate attorney. First, you need to know for certain if the home that is being rented has legal access through another method. Then you need to know if there is any form of easement across your property. There might be a recorded easement, which it seems that there is not if your statement of a "private road" is correct, but you would also have to evaluate whether a prescriptive easement has been created by repeated use over...

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