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Brandon Kavanagh

Brandon Kavanagh’s Answers

342 total


  • I want to give a house as a gift to my dad. The problem is that he lost a house in a foreclosure 3 years ago.

    I do not want my dad to lose the new house because of a previous foreclosure. I'm afraid it may get repossessed. What should I do? The house is mine but I'm interested in giving it to him as a gift so that he can live in the house, pay his own bil...

    Brandon’s Answer

    There are ways to determine if there are any outstanding judgments against your father as they are public records. You could use an investigator or try to do some of the research yourself online. If there are not, then you can certainly look into transferring the house to him from a real estate perspective. You should still be aware of the estate planning/medical coverage issues that can come up as mentioned by others.

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  • Purchased Home (new build) in 2007. Cracked slab, cracks sagging throughout home. Many others in community complain of same.

    How do: 1) locate any legal actions is any against builder, I have tried the Arizona courts but they don’t make it easy to search for these things. 2) Builder claims issues are 'normal" Who constitutes normal and how can I get home looked at witho...

    Brandon’s Answer

    You need to sit down with a Valley-based construction litigation attorney and discuss your facts to get an answer on your options. There is a statute of repose in Arizona and you need to find out exactly where you stand now before any more time passes. You also need to tell the attorney that you work with when you first started noticing these issues.

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  • Agreement to sell house-but wife changes mind and wants to buy. I want it sold at arms length. can she still sell?

    How do I get an at arms length and can listing me done through my real estate agent?

    Brandon’s Answer

    I can only assume that your question deals with a divorce-based situation, but you need to provide much more information for anyone to be able to give you comments. If this is divorce based, then the terms of the divorce decree need to be looked at. If this is not a divorce based issue, then I am really confused as to what you are asking.

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  • Can I short sale with a USDA Loan my primary home due to a promotion with relocation?

    I have been trying to sale but is "underwater", listed with a realstate Co.

    Brandon’s Answer

    "Can" you is somewhat of the wrong question. In any short sale, the decision to permit the release of the lien to allow the sale to go forward is up to the lender. For most lenders, there is a requirement to provide proof of a hardship to seek a short sale. Loss of job, moving for a job, health issues, etc., are all generally considered appropriate hardships, but again the decision is up to the lender and they will ask for your financials as part of a short sale application. Then they will likely negotiate with you once you have an offer under contract to get the buyer to up the price, get the broker to reduce the commission, ask you for additional cash, or all of the above. Work with a good broker that knows short sales inside and out and have an attorney help you review any legal documentation you are sent so that you can clearly understand what your lender is asking of you and what impacts that will have on your credit, future liability (which should hopefully be resolved), etc.

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  • Is a property management company allowed to not accept ss income as real income when reviewing a prospective tenant?

    A management company rep stated that my ss income could not be counted as "real" income when deciding whether to rent to my family.

    Brandon’s Answer

    I agree with the other posting attorney - the question is less about what standards they set for tenants and more about "why" such standards are chosen and how they are applied. If everyone is treated equally in not counting social security, the question would be whether that is impacting veterans, retirees, or disabled individuals inappropriately. The issue on the property management side may well be that social security cannot be garnished as easily (or at all) if they get a judgment against you if you do not pay, so they do not want to consider it when they evaluate you as a risky or not risky tenant to rent to. You may consider this discrimination, but you need to understand that discrimination as a legal term requires a specific kind of impermissible activity. If you do have questions about whether there are inappropriate discriminatory practices going on, you should contact your local Fair Housing office.

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  • What do a quit claim deed really mean ?

    My husbands exwife signed a quit claim deed, but on it states her name, wife of my husbands name, hereby quit claim to my husbands name, husband of her name, as his etc. etc. but the original papers that were signed are joint tenants with the righ...

    Brandon’s Answer

    A quit claim deed means that the ex-wife is not promising how good her title is to property, but whatever has she is giving to your husband. This is different from a warranty deed, where a person "warrants" or promises that they have good title and that they give that title to you. The concept of joint tenants with right of survivorship means that before the quit claim deed, she would get the land if your husband died first. After recording the quit claim deed, she gives up her interest in the land leaving title just in your husband's name. You did not mention in your facts that the quit claim deed is recorded with the County Recorder's office. If it is not recorded, you need to get it recorded ASAP. Your question of what would happen right now if your husband died would depend upon whether the home was considered a community property asset, which requires a specific fact analysis that cannot be done here, and what his estate planning documents say (or don't say if he does not have any). To avoid that question, if your husband is willing, you need to do a deed where he transfers title from just himself to himself and you as community property with right of survivorship. That way the property will go to the other spouse whoever dies first. Sit down with a real estate attorney with an estate planning background so that you can discuss such a deed on the real estate side as well as other options that exist on the estate planning side.

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  • How do I evict my ex-girlfriend who has lived in my home rent free and refuses to leave

    My home is owned by me and all utilities are in my name. My ex-girlfriend was not required to pay rent and our relationship has ended. We live in Tucson, AZ

    Brandon’s Answer

    You can certainly try to ask her to leave now, but the question is really what happens next if she does not leave. A trespassing call to the police is quite likely to result in a "this is a civil issue". At that point, you are then arguing in court whether or not she has a right to reside in the property as a tenant. That is where the recommendation of a 30 day notice comes in because it would end whatever rights she claims she might have. If you want to bolster your chances in getting assistance from the police if she refuses to leave, then you need to give her written notice in advance that she is no longer welcome on the property and that any refusal to leave will be considered trespassing. This is definitely one of the situations that can come up where the legal answer and the practical answer can take you multiple directions.

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  • My landlady wants me to stay. Her husband is trying to evict me. Do I stay or do I go?

    My landlady owns the townhouse I rent. She and her husband are in the middle of a very bad divorce. Her husband is angry that she got to stay in their house. The husband gave me a 30 day eviction notice. He is not on the lease and I have never...

    Brandon’s Answer

    You need to talk to a landlord/tenant attorney now to help you get in front of this. While I agree with the other posting attorneys on the legal effect of the husband not being on the title/lease, you do not want to have this fight in court if you can avoid it. You need an attorney to start telling the husband to leave you alone (if the facts support you as you have indicated). You may need to consider taking out an injunction against harassment if he does not stop. You also want something in writing and signed by your actual landlady stating that she is not evicting you and wants you to stay. You need to get your chess pieces organized since these two are sadly dragging you into their divorce "game".

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  • In Arizona courts, can a civil lit., real estate case be re-opened after judgment entered if fraud can be proven?

    Property border line dispute.

    Brandon’s Answer

    I agree with the other posting attorney that this is a possibility. You need to discuss with an attorney exactly what proof you have of fraud and whether your situation will satisfy the rules that permit reopening a judgment or bringing a new case.

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  • Can I initiate a civil suit for my Real Estate depreciation due to neighbor as a slum lord with continued criminal activity

    I purchased my home in 2009 The elderly neighbor died & another neighbor bought the property as a rental & became a slum lord. I believe the amount of criminal activity resulting from their tenants has decreased my property values, also they have ...

    Brandon’s Answer

    You need to sit down with a real estate litigation attorney to discuss the facts that you have. In any litigation case, you need to evaluate if you have the facts to prove the case and you have to evaluate if you can get relief in the form that you want. If you are suing for purely damages, then you will still be living in the house and not relieving your stress. If you are seeking an injunction, is there a workable way to enforce it? You may well need to seek both. If this issue does not just affect you but other neighbors, can you band together to share the costs? Can you possibly even band together to buy the house away from the current owner? It is easy to tell you that you can sue, as you certainly can, but more discussion needs to occur with an attorney to determine exactly what you want and whether you can get it from a court or from negotiating (with the help of pressure of a possible suit).

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