Brandon Kavanagh’s Answers

Brandon Kavanagh

Flagstaff Real Estate Attorney.

Contributor Level 12
  1. I did a Short Sale in Arizona on a primary residence in 2011. Can I deduct property taxes that were on the HUD not paid by me?

    Answered over 2 years ago.

    1. Brandon Kavanagh
    2. Curtis Lamar Harrington Jr
    2 lawyer answers

    The simple answer is no - if you did not pay the taxes, then you do not get the deduction. Two more things to consider. If your lender paid the taxes, they likely claimed the deduction. Perhaps more important than that is how you would try to explain yourself if audited. Another way to look at this is that if your lender paid your taxes for you, arguably you owe additional income taxes for someone paying your obligation incurred while you owned the home. The entire amount of forgiven...

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  2. What do a quit claim deed really mean ?

    Answered about 1 year ago.

    1. Brent D Harris
    2. Brandon Kavanagh
    3. Gregory D. Hague
    4. Michael T Millar
    4 lawyer answers

    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...

    2 lawyers agreed with this answer

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  3. What is necessary for a cash sale of a home in Arizona?

    Answered about 2 years ago.

    1. Suzanne M. Watts
    2. Brandon Kavanagh
    3. Bert Daniel Millett
    4. Robert H Nagle
    4 lawyer answers

    I am answering to say that I agree with everyone to a point. The AAR contract is built to be standard by being fairly even between buyer and seller so that everyone is willing to indemnify and release the brokers, as it is their form. Most residential contract issues can be discussed and figured out in an initial consult. Not everyone needs to have an attorney review their AAR contract, especially if you have an agent/broker that you feel is competent. Since you do not feel that way, that...

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  4. Renting out property in Navajo County, AZ, Can CC&R's legally prohibit owners from renting residential real estate?

    Answered over 2 years ago.

    1. Brandon Kavanagh
    1 lawyer answer

    You need to discuss this with an Arizona attorney that can review the CC&Rs as a whole and give you advice on how to interpret them before you purchase the property. The first question you ask is whether CC&Rs can restrict renting, and they can. They are considered a contract entered into by the landowners which contract is accepted by each new owner taking title to a portion of the property governed by them. The more specific question for your issue is whether or not the language of the CC&...

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  5. Does a Justice Court have the right to arbitrarily dismiss my appeal on an eviction case for no reason?

    Answered over 2 years ago.

    1. Brandon Kavanagh
    2. William W. Fife III
    3. Marva Lynn Wiley
    3 lawyer answers

    Yes, you definitely need to sit down with an experience Arizona landlord/tenant attorney to go through your documentation. The different pieces of your story do not fit with each other, which either means that the court made an error or some additional facts are necessary to explain what has occurred. You might also have a separate claim against the landlord for damages separate from the eviction if your facts can prove the intent to improperly evict you.

    2 lawyers agreed with this answer

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  6. Verbal agreement/trying to get back money promised from landlord

    Answered over 2 years ago.

    1. Brandon Kavanagh
    1 lawyer answer

    You can certainly see what happens if you take him to small claims court, but the issue here is proving the verbal agreement you claim to have reached with your landlord. You have the written document you prepared that you provided to the landlord, but your description indicates that it was not signed by the landlord. I hope you kept a copy of exactly what you put in the landlord's drop box. You could try to use a copy of that document in court along with the argument that the landlord never...

    4 lawyers agreed with this answer

  7. How many months non payment of mortgage does the bank start foreclosure?

    Answered over 2 years ago.

    1. Brandon Kavanagh
    2. Charles F Basil
    3. David F Falvey
    4. Steven Anderson Leahy
    4 lawyer answers

    There is not a hard and fast rule that lenders have to follow, and you should check the terms of your mortgage or deed of trust, but generally foreclosure starts after you are 60 days late on payments. Basically, when you skip the first payment (let's assume it is due on the first of the month), the bank notes you being 10-30 days late and sends a notice to you asking you to come current. When you do not pay the second month's payment in a timely manner, you are noted as being in the 30-60...

    4 lawyers agreed with this answer

  8. Can you plant trees on a easement or fence part of it?

    Answered over 2 years ago.

    1. Samuel Michael Meyler
    2. Brandon Kavanagh
    3. Alan D. Walton
    3 lawyer answers

    You need to sit down with a Washington attorney and review the terms of the easement and discuss the specific history of the use of the easement. Some of the issues will be determined by what the easement actually says in document itself. Other issues will be determined by Washington law.

    3 lawyers agreed with this answer

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  9. AZ res tenant requests early term, moves out & req. sec. deposit-still owing 4 more mo. When is Landlord required 2 refund dep?

    Answered 7 months ago.

    1. Brandon Kavanagh
    2. Anne Brady
    3. Steven Roger Rensch
    3 lawyer answers

    ARS 33-1321.D is certainly the requirement for accounting for deposits, but you are really asking the question of whether you have to refund any of the deposit. That is not something that any of us can answer with the limited facts you have provided. You need to sit down with an attorney to discuss breach of contract damages, what the landlord is required to do to mitigate damages, and calculate the specific amounts of damages as compared to what portions of the deposit are refundable under...

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

    Answered 7 months ago.

    1. Brandon Kavanagh
    2. Jason M. Wells
    2 lawyer answers

    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....

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