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Brandon Kavanagh

Brandon Kavanagh’s Answers

342 total


  • We apparently have a rogue board. They keep appealing because they do not want to disclose information to new buyers.

    This information includes the fact that they do not enforce the CC&Rs, Bylaws, or rules - that is unless you are in "the HOOD". The judges have ruled under and for ARS Title 33, but they refuse to accept that ruling because they would have to disc...

    Brandon’s Answer

    You will have to discuss this with a real estate attorney with a good background in HOA law. You will need to show your attorney the CC&Rs, bylaws, rules, etc., as well as the litigation orders and rulings so far. It is unclear from the facts you have presented whether you have any ability to distance yourself from this situation.

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  • Does a Quit Claim Deed also take away profits from the person getting their name taken off the deed of a house?

    If a house is deeded in two unmarried persons names, and one person can be sued for their part of the profit, will a Quit Claim Deed not only take their name off the deed, but enable the other person to receive all the profit from the sale of the ...

    Brandon’s Answer

    You are asking two questions. The first is the legal effect of a quit claim deed. The second is what rights a creditor has to collect against property that someone intentionally gets rid of. The effect of a quit claim deed is to give up title to the property deeded to the person that is the grantee of the deed. By giving up all title, then that person would by definition give up rights to profits unless some other agreement existed between the two original owners (such as an agreement to share profits later). On the other side, you have a creditor that appears to already be suing one owner. That means that both owners will have to be very careful how they handle the situation to not face a claim of fraudulent conveyance by the creditor. This is definitely a situation that requires the assistance of an attorney, and probably separate attorneys for the person keeping title and the person giving up title that is being sued already.

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  • If you buy a home & 7 years later the city issues a violation on the property not meeting code who is financially liable?

    home is on a 1 acre hillside lot, violation is 39-7G driveway & easement not dust proofed. The Dust code was in effect when the home was built in 1981 and when it sold sometime in 1996, I bought it in 2005. city building permits should have ad...

    Brandon’s Answer

    • Selected as best answer

    You are responsible for code violations as the current owner. That is not really your question. You are asking instead about whether you are grandfathered in for existing use of the property or whether the government entity is somehow barred from enforcing current code requirements on you. You absolutely need to get an attorney immediately as attempting to claim that a government entity cannot enforce violations against you is a legal area that requires the help of an experienced attorney. You may have claims against the prior owner, but that is also something you need to evaluate with your attorney for a sale that occurred about 9 years ago.

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  • My husband and I are separated and he verbally agreed to quit claim deed the house to me. Can I change the locks on the house?

    He now refuses to sign the deed and wants me to sell even though we agreed our son and I would remain in the house. It has been almost 5 months and I have paid the mortgage and bills myself since he left. Can I legally change the locks to the hous...

    Brandon’s Answer

    You note in your question that he is still on title. That means that he still has rights in the property and you need to examine the situation multiple ways - what would a civil court say and what would the police say if either of you called because he showed up. First, the police would likely not get in the middle since he still holds title and would not likely trespass him for the same reason. They might make him leave if he is disturbing the peace, but you could get cited for that too if the two of you arguing disturbs neighbors, etc. On the civil side, you say you have a verbal agreement regarding real estate, which is a problem under the statute of frauds. You also have some potential rights in recovery of what you have paid on the mortgage and bills from a co-owner. You need to sit down with a real estate attorney and a divorce attorney, or you need to find a divorce attorney with a very good real estate background.

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  • I lived in a apartment Ranchwood apartment. And I was always getting sick. They had black mold And I need a lawyer.

    I had a apartment that was making me sick all the time. And was told to get a lawyer. That I have a good case against them. There was black mold in the storage room, and also had a yellow mold in the carpet. And my apartment was getting wet. Becau...

    Brandon’s Answer

    I agree with Mr. Rench. I want to add that whatever you still have that has mold on it you need to keep since you have moved out and no longer have control of the evidence of what condition the apartment was in while you lived there. You need to have your consult with an attorney very soon to determine what proof you still have available to you.

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  • My roommates trying to move out without paying anything. Can she?

    I have a friend staying that has been staying with for a couple months. She is currently deciding to move out and not pay her half. She didnt sign anything can she do that?

    Brandon’s Answer

    I agree with Ms. Brady and wanted to add that this is a lesson in getting things in writing. Proving an oral contract in court can be difficult and can often come down to credibility between witnesses. Sometimes it takes a situation like this where you rely on someone's friendship to learn that paper is still very important.

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  • Do we need to pay HOA late fees if the HOA bills were sent to the wrong address?

    My wife and I own a number of residential single family homes in AZ that we rent. We don't live in AZ. We own 4 homes in one particular HOA. For three of the homes, the HOA sends the bills to our correct address in our home state. But for ...

    Brandon’s Answer

    I agree with Ms. Sargeant regarding the main focus of this situation is that you knew quite well from the receipt of your other 4 HOA bills that the 5th one was not showing up. On the other hand, the same is true of the HOA in the sense that they were getting payment on 4 bills sent to you at a good address and that the 5th bill was not getting paid and was going to a different address in a different state. I think that you have a decent argument to work with the HOA to split the late fees 50/50 due to both sides failing to act appropriately and the failure of the HOA to try to mitigate its damages, which is a requirement under Arizona law. If you decide to negotiate this, you will likely need to have an attorney involved due to HOAs not generally being open to negotiating fees with homeowners directly. You will have to work with your attorney to evaluate the question of whether it is worth going to court versus the amount of late fees you are facing. In addition, you should discuss with your attorney whether or not you should make an offer of judgment for a certain amount to help defend yourselves against the attorney's fees that the HOA might seek if they do file suit. Your attorney can better explain the offer of judgment concept to you when you meet.

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  • Our Realtor did not try to sell our property! His Investor purchased our property at auction ! our Realtor was also there.

    did our Realtor have the rite to contact the trustee of our property and tell them he had a offer before he telling us?? i had asked our Realtor to lower the price of the property twice! He did not lower it the first time at all and waited a ...

    Brandon’s Answer

    You have an issue that has more than one path for you to consider. First, you may want to contact the Arizona Department of Real Estate to file a complaint against your realtor. If successful, you may gain access to a recovery fund or you may just get his license suspended or revoked. Second, you may want to contact the Arizona Attorney General's Office, but that investigation would need to see that there is some level of coordination between your realtor and his investor to work against you. Third, you can talk with a civil litigation attorney to see if you have a case for damages in civil court. The Arizona Department of Real Estate seems the best first stop, but contact an attorney if you want to further discuss your options and to make sure you do not miss any timelines that apply.

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

    We have agreed to put the house in my name value is 20,000 to 30,000 in AZ where do I start?

    Brandon’s Answer

    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 or questions, contact an attorney.

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  • How can I get an at arms length sale of house in divorce settlement?

    everyone agreed to sell house. but 11th hour wife tried to do an arrangement with a private lender. now I want it sold at arms length and she will not agree to it.

    Brandon’s Answer

    As the other two attorneys noted, this is less of a real estate question and more of a divorce question. If you can get an appraisal that determines fair market value and she agrees to purchase for that amount, then from a real estate perspective the transaction is at arm's length. Your use of "arm's length" really seems to mean "independent buyer" instead. The emotions and divorce issues involved in whether an independent buyer is required are a different question.

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