Questions answered by James Bradley McClung

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I need help with a subdivision apartment complex I'm renting from

James's answer | Answered on October 23, 2015

If you don't have a written lease, give 30 days notice and move out.

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Can I legally stake a claim to portion of money from a sale of house in Mothers name that I helped purchase?

James's answer | Answered on October 22, 2015

Who pays the mortgage, if there is one? You may have a claim for an equitable lien on the property to secure your portion of the purchase price,...

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If your HOA is planning to sue you in court over past unpaid assessment, how does the homeowner get served?

James's answer | Answered on October 22, 2015

It is probably not lawfully served, but the HOA believes it has been and if you ignore it, the HOA will get a default judgment, and you will have...

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Can a landlord tell a tenant he/she cannot have an apartment after a lease is signed?

James's answer | Answered on October 22, 2015

Read the lease. It probably has a provision about the landlord's failure or delay in giving possession. That provision will control. If it does...

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Do I have a case, can't explain all in 800 characters below but I feel a bank did me wrong on a loan, although I signed

James's answer | Answered on October 22, 2015

Doesn't sound like it. Mr. Gottlieb is correct in that if you sign a contract and don't read it, a court will not hear you complain that they...

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What is the notification process for Lis Pendens?

James's answer | Answered on October 19, 2015

A lis pendens can only be filed when a lawsuit is pending (hence the name "lis pendens") that includes a claim asserting an interest in the...

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Can my landlord garnish my wages for unpaid rent and maintenance after eviction on a oral month to month lease?

James's answer | Answered on October 19, 2015

If she gets a judgment she can. Not sure if the termination was lawful or not. If you were behind on the rent, she didn't owe you any notice at...

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We don't have any hope?

James's answer | Answered on October 19, 2015

Meet with an attorney with real estate and insurance experience. There is no way to give you good legal advise with the limited information you...

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Sold my house and took curtain rods from home. Seven months later buying agent is claiming breach of contract. Am i in breach?

James's answer | Answered on October 19, 2015

Yes. The addendum controls. They have 6 years to bring a breach of contract action so the delay in claiming breach does not matter. Unless you...

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Horrible living conditions. Thief, trespassing by staff. Unlawful entry. Mold throughout ,harassment ,intimidation.

James's answer | Answered on October 15, 2015

That is a breach of the landlord's covenant of quiet enjoyment. You can break the lease, but I would get an attorney to ensure that you do it...

James Bradley McClung's Answers (271)

I need help with a subdivision apartment complex I'm renting from

Can I legally stake a claim to portion of money from a sale of house in Mothers name that I helped purchase?

If your HOA is planning to sue you in court over past unpaid assessment, how does the homeowner get served?

Can a landlord tell a tenant he/she cannot have an apartment after a lease is signed?

Do I have a case, can't explain all in 800 characters below but I feel a bank did me wrong on a loan, although I signed

What is the notification process for Lis Pendens?

Can my landlord garnish my wages for unpaid rent and maintenance after eviction on a oral month to month lease?

We don't have any hope?

Sold my house and took curtain rods from home. Seven months later buying agent is claiming breach of contract. Am i in breach?

Horrible living conditions. Thief, trespassing by staff. Unlawful entry. Mold throughout ,harassment ,intimidation.