If I am the owner of an apt. complex, what is my legal obligation for insurance on said property? Am I responsible for a “vicious dog” attack on one tenant because of another tenant? And what if I don”t have any insurance? A: Barring some contract saying otherwise, you are probably not required to have […]
Citibank and dillards obtained a judgment against me in 2008 for a debt default in 2005 there is a garnishment at my place of business although with 1099 IRS status I am self employed. How can they collect? A: A garnishment can be valid against payments to you, even if you’re not an employee. You […]
Q: I forgot to sign the quit claim deed for the home and received a judgment against me for credit card debt. My ex wants to refinance the house but since I am still on it he can’t due to the judgment against me. What are my options to get me off the house? A: […]
Q: The divorce papers say I have to sell the house within 3 years of the divorce. The house is severely under water. My ex-wife wants her name totally off the house, she wants nothing to do with it. I re-financed and got her name off the mortgage, now we want to file a Quit […]
Making sure you are not on the wrong side of a one-sided agreement Most businesses lease the property where they do business. The lease can be a significant investment for a business, and sometimes can even be the difference between enjoying a profit or suffering a loss. The lease can also commit a business for […]
Mark Twain once said, “It ain’t what you don’t know that gets you into trouble. It’s what you know for sure that just ain’t so.” If you purchased or refinanced residential property between 2005 and 2007, you have important questions and probably more than a few wrong ideas about your real estate investment that an […]
On documents pertaining to properties would the personal guarantee provide protection to us as a lender? A: A personal guarantee is an important protection and I would almost always require one as a lender. However, it needs to be drafted properly and in conjunction with the other loan documents. There are specific Arizona statutes on […]
I have a small cafe. The lease agreement states I am renting 1100 square feet, but there is only 950. The landlady first stated she measured it herself. When I brought up the issue a year or so later, she stated the square footage came from the appraisal, but will not give me a copy. […]
My partner and I bought a piece of land 5 years ago. It was for $420,000. I paid half cash, about $210,000 and my partner agreed to make monthly payments until it was paid off. The value of the land went way down and my partner stopped making payments. In 5 years, he made about […]
If a party who brings a civil action (without probable cause and with ulterior motives) against a Defendant voluntarily dismisses their own suit without prejudice, is it is ever possible that the original Defendant may still potentially bring a future malicious prosecution claim against the original Plaintiff? Or, does a voluntary dismissal without prejudice ALWAYS/automatically […]
