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Carrie Elizabeth Hurtik

Carrie Hurtik’s Answers

77 total

  • Can a buyer back out of purchase contract??

    Carrie’s Answer

    I would need more information, as to what the contract states- was it subject to inspection, what were the clauses. If you would like to set up a consultation you can contact me at 702-966-5200 and we can review the purchase agreement and see what your options are.

  • I'm in a debt relief program but cant keep up with the payments, can I file bankruptcy?

    Carrie’s Answer

    I agree with the other attorneys, the debt relief programs do not always actually settle the debt right away and people get sued in the interim. You should definitely speak with a bankruptcy attorney to evaluate your options. The items needed for them to best evaluate your situation, and that would be needed are your last 6 months of bank statements, proof of income (social security, va, disability, paystubs, profit and loss from a business, pensions, ect.), minimum 2 years of tax returns and your monthly bills, and list of creditors, as well as your monthly budget. We practice in this area and offer free consultations if you want to have an evaluation.

  • Is an attorney necessary when a person dies intestate in Nevada?

    Carrie’s Answer

    You should consult with a lawyer. However, did the family member have a spouse and or children? Ultimately, they have priority over other relatives and I would expect they would do what is necessary. There are guidelines in Nevada as to then you would have to go through probate, how much is the estate worth? Did the individual have a trust? Was there significant assets or where they under $20,000.00 or under $100,000.00. This information would be needed to decide if it was a set aside, summary administration or general administration. You definitely should consult with a lawyer, our office handles probate and trust administration,

  • I have been dating a woman for 4.5 years. We recently bought a house together and 10 days after closing she told me to leave

    Carrie’s Answer

    You do not indicate how the title is held on the property. If you put the down payment down and are not on the deed and or loan, was the money listed as a gift on the loan application? If you are actually on the deed and it is joint tenants you have several options. Either way partition, or an ouster action may be the way to go. However, you do need to have a consultation with an attorney to know how to proceed. I would need more information to give you a proper response. However, you stated she could not qualify on her own- so that leads me to believe you are on the loan? So that also would imply you would be on the deed? I would seek an immediate consultation.

  • How do I recover earnest money paid on a property with a bad well? Is there a time limit?

    Carrie’s Answer

    Oral Contracts have a statute of limitation of 4 years, however; any sale of real property must be in writing under the Statute of Frauds. For the purchase of property you should always enter into a written agreement however, you could take him to court (small claims) and attempt to enforce the return of your deposit, based upon what was written on the check. Small claims will not cost you much, you cannot recover attorney fees, if you retain an attorney.

  • What is the best way for us to proceed to have her home repaired and compensation for items damaged or destroyed in the fire?

    Carrie’s Answer

    The first question is why do you not have homeowners insurance? If you have a loan on your home it is a requirement and if you have not been paying your mortgage and insurance was escrowed, the mortgage lender would have most likely placed insurance on the property. So you may be covered and not be aware of that. If you rent, do you have renters insurance, because that may afford coverage. The neighbor would most likely have insurance for their home and contents, but it is unclear with the information that you have provided if they have insurance. The company that contacted you- did they ask you if you had insurance. I would need more information to answer your question.

  • Can a landlord hold on to your deposit after 30days of you moving out?

    Carrie’s Answer

    NRS 118A.240 to 118A.250 address the relevant statute you need to apply for security deposits. Upon termination of the tenancy by either party for any reason, the landlord may claim of the security or surety bond, or a combination thereof, only such amounts as are reasonably necessary to remedy any default of the tenant in the payment of rent, to repair damages to the premises caused by the tenant other than
    normal wear and to pay the reasonable costs of cleaning the premises. The landlord shall provide the tenant with an itemized written accounting of the disposition of the security or surety bond, or a combination thereof, and return any remaining portion of the security to the tenant no later than 30 days after the termination of the tenancy by handing it to the tenant personally at the place where the rent is
    paid, or by mailing it to the tenant at the tenant’s present address or, if that address is unknown, at the tenant’s last known address.
    If a tenant disputes an item contained in an itemized written accounting received from a landlord pursuant to subsection 4, the tenant may send a written response disputing the item to the surety. If the tenant sends the written response within 30 days after receiving the itemized written accounting, the surety shall not report the claim of the landlord to a credit reporting agency unless the surety obtains a judgment against the tenant.
    If the landlord fails or refuses to return the remainder of a security deposit within 30 days after the end of a tenancy, the landlord is liable to the tenant for damages:
    (a) In an amount equal to the entire deposit; and
    (b) For a sum to be fixed by the court of not more than the amount of the entire
    Further, in determining the sum, if any, to be awarded under paragraph (b) of subsection 6, the court shall consider:
    (a) Whether the landlord acted in good faith;
    (b) The course of conduct between the landlord and the tenant; and
    (c) The degree of harm to the tenant caused by the landlord’s conduct.

    You can sue him and in Clark County it will be mediated and If not resolved at mediation, the court will hear the claim.

  • Can I drop chapter 13 and file chapter 7

    Carrie’s Answer

    Usually you should convert to a Chapter 7 as there are not additional fees, however; you have not provided enough information to determine if you qualify for a Chapter 7, or indicated why you filed a Chapter 13 in the first place. Bankruptcy is income driven and is also based upon your secured debts as well as unsecured. You should have a consultation with an attorney to determine what the best thing for you to do would be. It is also important to know if you were trying to "keep" property that would not have been exempt in a Chapter 7, or you are behind on car payments or house payments and wish to keep the car or home, and catch up the payments. Many questions need to be answered to give you the best advice.

  • How do I get this resolved?

    Carrie’s Answer

    I would get together all the information of the dates you lived in the Apartment, who was the manager at the time that the release was signed, any parties that could testify to the fact that you were released. If the computer records say you were release, someone put that information into the computer, it should be possible to prove that you were released. If you could find the release that would be best, however, they will have to prove that you were not released from the lease. Computer records can be subpoenaed if they sue you. You should always document things like this, so as to avoid this kind of position. Do you know where any of the roommates are at this time, they may be able to collaborate that you were release. Although, sounds like they destroyed the apartment or did not pay. The complex would have had to give you written damages within 30 days of moving out of the apartment, so when did the others move out? That may be an argument, just not sure what the damages are for, probably would be important to know to fight.

  • I got a letter saying Tomorrow my home goes on the market

    Carrie’s Answer

    You should seek counsel of an attorney, bring the letter with you so that they can review, under no circumstances should you just send money to anyone without understanding what you are doing. However, a letter stating your home goes on the market, does not sound right. There are notice requirements, certified mail notices and you would have to be delinquent over 90 days to even receive a default, which must be recorded prior to a foreclosure. Further, you have time to cure or participate in the State of Nevada Foreclosure Mediation program. You did not provide enough information to give you specific advise. Is your husband the only one on the mortgage? Do you have Power of Attorney, is he of sound mind, that he could sign a power of attorney, if he is the only one on the mortgage? I suggest immediately making an appointment for a consultation.