Brandon Kavanagh’s Answers

Brandon Kavanagh

Flagstaff Real Estate Attorney.

Contributor Level 12
  1. Would it be grounds for a lawsuit if me stepfather is adding usury onto back rent?

    Answered about 1 year ago.

    1. Brandon Kavanagh
    2. Steven Roger Rensch
    2 lawyer answers

    This is not a question of usury, but is a question of how to determine what exactly was the agreement that you had with your mother and stepfather and whether or not that agreement is being breached. It is a personal issue and not a legal issue to claim that you "should not" have been charged rent. Your facts seem to indicate a verbal month to month lease with a verbal promise to pay back rent with interest rather than being asked to vacate your mother and stepfather's property. You need to...

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  2. I plan to form a LLC to manage (holding company) individual LLC's (real estate purchases). Should I form initial LLC in Nevada?

    Answered almost 2 years ago.

    1. Brandon Kavanagh
    2. Robert A. Stumpf
    3. Michael Leo Potter
    3 lawyer answers

    While Nevada may be a better place to form the LLC by the other posting attorneys' opinions, do miss that the IRS considers a single member LLC to be a disregarded entity for tax purposes. If you do all the planning and work in Nevada for tax benefits, but do not have an additional member for your LLC, then you may well have made your efforts for nothing. You should discuss with a business attorney licensed in Nevada (if that is what you wish to pursue) about how you can be sure to structure...

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  3. Can a sibling not in the will take ownership of house if he pays all of the back property taxes and keep from foreclosing?

    Answered almost 2 years ago.

    1. Brandon Kavanagh
    2. Steven M Zelinger
    2 lawyer answers

    The question here is whether you want to do this voluntarily or involuntarily. If you do it voluntarily, then there would need to be a new PR to sign on behalf of the Estate and everyone needs to agree to the sale. On the other hand, if the sibling wants to pay the taxes and possibly seek a tax lien foreclosure, that might be pursued involuntarily. A tax lien foreclosure would depend on how long the taxes have gone unpaid and what state of foreclosure you are at on the loan. In the...

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  4. I do not have a lease agreement involvong the home my wife and I are lving in. It belongs to her daughter and son -in-law.

    Answered almost 2 years ago.

    1. Brandon Kavanagh
    2. Anne Brady
    2 lawyer answers

    In addition to the comments made by the other posting attorney, you may well have a claim for an inchoate lien against the property for the value of your improvements to the property. You may also be able to look to a claim of unjust enrichment. What you need to be aware of is that if you fail to pay rent, that would be a setoff against your claims. You should sit down with a local real estate attorney and fully evaluate the facts of your case to choose the best response.

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  5. For a loan modifaction or ripoff company

    Answered almost 2 years ago.

    1. Brandon Kavanagh
    2. Robert A. Stumpf
    2 lawyer answers

    There are jurisdictional questions involved here as to who can chase the company you are complaining about. When you say your "own state" says you have to complain in California, is it the Arizona Attorney General's office saying that? I assisted someone with a timeshare resale ripoff complaint and the company was in Florida so the complaint was made to the Florida Attorney General's Office. Have you called the California Attorney General's Office?

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  6. Are we require to respond to HOA letters? thanks

    Answered 5 months ago.

    1. Brandon Kavanagh
    2. Gregory John Barry
    2 lawyer answers

    We cannot answer whether or not you are required to respond without knowing what the contents of the letter state. Is there a statement that you must do something or stop doing something by a particular date? Is there a demand that you follow some form of process or pay some sort of fee or fine? Or is it just a one-sided notice letter to you? If you want an appropriate answer, you will need to show an attorney the letter so that they can tell you what you have to do and what you might want...

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

    Answered 10 months ago.

    1. Brandon Kavanagh
    2. Barry L Brody
    3. Cheryl Rivera Smith
    4. Lee Alan Thompson
    4 lawyer answers

    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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  8. Can I claim sale of second house as a loss?

    Answered about 1 year ago.

    1. Celia R Reed
    2. Brandon Kavanagh
    3. Cheryl Rivera Smith
    3 lawyer answers

    I agree that talking to a CPA is one approach, but you also can discuss this with a tax attorney that has some knowledge of divorce proceedings. The way your divorce decree was written may impact how the loss is handled.

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  9. 2nd mortgage note signed by deceased spouse only am I still liable if the owner affidavit was not signed by me

    Answered about 1 year ago.

    1. Celia R Reed
    2. Brandon Kavanagh
    3. Cheryl Rivera Smith
    3 lawyer answers

    You need to discuss with an attorney just what kind of second mortgage note is involved. The issue that I am getting at is that many second mortgages are home equity lines of credit. While you would generally not be liable for a mortgage you did not sign for (except for losing the property as the other attorneys have noted), you also want to make sure that an argument cannot be made that you benefitted from the use of the funds borrowed from a home equity line of credit. That type of...

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  10. What are my options?

    Answered about 1 year ago.

    1. Samuel J Doncaster
    2. Brandon Kavanagh
    3. Celia R Reed
    4. Vincent J. Gallo
    5. Cheryl Rivera Smith
    5 lawyer answers

    The first thing you should do is sit down with a real estate attorney that has some background in criminal law (or at least the concepts of restitution) or perhaps someone in a firm that has access to another attorney with such a background. You need to coordinate your efforts so that you can maximize the potential of criminal charges for recovery versus a judgment from a civil court. If you can get criminal charges filed based upon your situation (which will require the cooperation of the...

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