Mark Aaron Arthur's Answers

Help, I think I need a real estate attorney because of concealment and fraud that occurred when I bought my 1st home! :(

I agree with the previous poster that you should consult a local attorney and provide more facts and documents for his/her review. You may have a tough row to hoe however depending upon what is disclosed in the Form 17 (or OR's version of it). Very generally speaking, the purchaser has the right to negotiate any inspection contingency that they find reasonable and would presumably have the opportunity to find any defects. Short of fraud or misrepresentation, you may have bought the problem with...

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How does one go about disputing HOA spending?

I agree with the previous comments and expect you will review the requested documents. If you do find any impropriety, you can also turn to your HOA's Declaration to learn the mechanism for calling a special meeting. With the proper procedure, your concerns can be aired in a meeting with the Board present. The Board owes each member of the HOA a fiduciary duty. I am in no way implying that the Board has breached this duty as I don't have enough information; simply stating their duty.

I am being sued for backpayments of how dues. What is going on? What should I do? I am in the air force reserves.

I agree with Mr. Chen and would encourage you to immediately file an Answer. If you do not do so within the time period (20 days in WA. The Summons and Complaint should state the period). If you fail to do so, the Association can get a default judgment. Once you put in an Answer, contact the Association's attorney and discuss settlement if you want to attempt mitigating the cost. I am unfamiliar with the Armed Forces implications, but can say that you will be liable for dues one way or another...

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Can my bank ignore my request of Deed in Lieu of Foreclosure and do a regular foreclosure?

I am not licensed in NC, but I can offer the following. Generally, the lender is under no obligation to enter into a debt forgiveness or modification agreement. If you default under the terms of your Deed of Trust (most commonly failing to pay amount when due), a right to foreclosure is triggered. Many lenders are inviting Deeds in Lieu of Foreclosure, or some other work-out program because they do not want to spend money to acquire a property which is worth less than the outstanding debt...

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What is the benefit to a lender to do a deed in lieu of a foreclosure instead of a foreclosure?

I am not licensed in AZ, nor have I practiced there; however, your question is more practical than state-specific so I offer the following. As you likely know, a Deed in Lieu of Foreclosure (DILOF) essentially allows you to turn over the property without incurring a deficiency judgement or demand for any further payment on your mortgage loan. Usually, the lender will consider accpeting a DILOF to avoid the costs that the lender incurs via the foreclosure process. However, the Lender may likely...

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HOA is trying to force me to remove my playset because its in violation of the covenants.

I am not admitted to practice in your state, so this is mere speculation and should not be construed as legal advice. That said, you should have access to your HOA's governing documents and By-laws. These will include the covenants, and you should be able to decipher whether a violation has taken place. If so, and if others are guilty of the same infraction, the Board has a duty to apply the rules consistently. The Board has a duty of Fair Dealing and to abstain from self-serving actions. Per...

Our landlord has failed to maintaine the property,electricity theft, and entering without notice. what can we do?

I am not licensed in your state, so please consult an attorney in your jurisdiction.That said, the situation you describe leads me to believe that your landlord has violated a number of his duties including his warranty of habitability. Refer to the Ohio Landlord Tenant Act for specific statutes which were violated. Short of speaking with an attorney in your area, I would draft a letter outlining the condition and requesting termination of the lease and the return of your deposit. If your...

Does a Power of Attorney for real estate transactions need to be recorded?

Excuse my edit but after review, the POA should be recorded and should be done so in the county where you reside. Also, be sure to record a revocation once the special POA has run its course.

Does a Power of Attorney for real estate transactions need to be recorded?

Not necessarily depending upon your state. Recording does put the public on notice, but your POA should still be effective. Be sure to bring your POA to the Trustee's sale. If you would like to be overly-cautious, you would likely record the POA with the county Auditor in whatever county the sale is occuring and/or the county where the property you will be bidding on is situated.