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Recent Personal Property questions

Can you put a lien on someone's personal property including

Can you put a lien on someone's personal property including land if they owe you a substantial amount of money?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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I am trying to purchase a foreclosure. The listing says a 3

Hi I am trying to purchase a foreclosure. The listing says a 3 bedroom 2 bath with a large eat in kitchen on a full foundation on almost an acre of ground. My offer was accepted yet the deal can not proceed because the finance company does not have the title to the double wide that is on the foundation. Is this legal for them to sell this home?

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KimberlyLaw

Principal Attorney

Master's Degree

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My neighbors tree roots have caused the sidewalk on my side

My neighbors tree roots have caused the sidewalk on my side to raise. The city of Vancouver has sent me and my neighbor a notice to repair the sidewalk. I feel that it is my neighbors responsibility to make repairs because its their tree roots that caused the problem. Please help.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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I have lived in Adak, Alaska last 18 years, on March 24,

I have lived in Adak, Alaska for the last 18 years, on March 24, 2016 the doctor from V.A.told me I had 18 months to live if I got off the island I was on. He said I needed to be on oxygen all the time and we could not get oxygen to the island.Anyway my problem is with the medical escort that was supposed to be helping me he has taken my house and personal property and says they belong to him. He will not let anyone near my house he has posted no trespassing signs on my house and as far as I know is selling my appliances. I had my house sold if the person could have got inside and seen the condition of it.Due to my medical condition I live in Great Falls, Mt. at my sons house.I need to get ***** ***** out of my house and away from my personal property. Can you please help, he had or has medical power of attorney when I was in Adak.

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KimberlyLaw

Principal Attorney

Master's Degree

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I have serious concerns about what is currently happening at

Tom and I have serious concerns about what is currently happening at Laguna Reef. I just spoke with Leesa Hoffman about damage that occurred when a water leak from the toilet above in her unit damaged our guest bathroom wall and ceiling. This was a second occurrence. We had the repair made and submitted the bill to the onsite manager in January.I checked again several times with her, emailed Gary, our board president, on June 27, 2016 and have gotten no response. I finally called Leesa, who has the unit above us today. She told me that Gary has ruled that the damage is our responsibility, and they will not reimburse us for the damage. She further said that Linda P. was supposed to let us know. She also said that to her that the wording of the bylaws meant that the owner would have to do the damage on purpose to be responsible. I replied that that the word deliberate or intentional is not in the bylaws.This is very surprising to us since we were charged and required to pay a $1000.00 for damage to the unit below us when our dish washer hose sprung a leak.Below is the wording from the current bylaws:B-2. Damage. Each Owner is responsible for any loss or damage to his Unit, other Units, the personal property of other residents or their guests, or to the General Common Elements and improvements, if such loss or damage is caused by the Owner or by any person for whom the owner is responsible.From the Third Amended and Restated Condominium Declaration:16. OWNER'S RESPONSIBILITY FOR MAINTENANCE OF APARTMENT UNIT. An Owner shall maintain and keep in repair the interior of his own Apartment Unit, including the fixtures thereof. The interior of the unit includes everything inside the common element bearing walls, ceiling, and floor to specifically include the drywall, paneling, or plaster surfaces, drop ceilings, floor coverings, and entry doors. All fixtures and equipment, including the heating and air conditioning system installed within the Apartment Unit, commencing at a point where the utility lines, pipes, wires, conduits or systems (which for brevity are hereafter referred to as “utilities”) enter the Apartment Unit shall be maintained and kept in repair by the Owner thereof. This specifically includes Owner responsibility for any pipes or ducts in any fur-downs, drop ceilings, drywall, or paneling. Without limitation of the generality of the foregoing, an Owner shall maintain and keep in good repair (and replace, if so required) the air conditioner compressor, air conditioner drain lines, hot water heater unit, fans, ductwork (specifically including duct work between, heating unit and cooling coils, utilized in and for his Apartment Unit, as well as all other fixtures situated within or installed into the Limited Common Elements appurtenant to such.I have spoken to several other owners recently who had received similar “no reimbursement” rulings when damage occurred to their condos and little or no response from the Board. I am requesting that 20% of the owners join us in calling a special meeting to discuss and add clarity to the current policies and procedures being applied to the governing documents at Laguna Reef by the current Board. If this type of damage is not a concern you have, please disregard my email.In summary, Tom and I are requesting that a minimum of 20% of the owners join us in calling a special meeting (see Article 4.4 below) to clarify and explain the recent change in interpretation of the bylaws, rules and declaration.Do we have any other recourse, such as small claim's court?

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Loren

Juris Doctor

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I have a tenant who has not paid rent and looks like he's

I have a tenant who has not paid rent and looks like he's abondoned the property he has disconnected water last month and looking through the window he has moved all his Furniture already just for a few things outside and a couple of boxes.I pasted a notice to his front door about giving him 7 days notice before we take back the house then he calls me today and says he still lives there and I have to go through legally to evict him.Can I say he's abondoned propertyHasn't paid rent for 2 months or electric bilk.

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Loren

Juris Doctor

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Apparently when our HOA was set up, there was a certain

Apparently when our HOA was set up, there was a certain portion of every property set aside as a "common area." Mainly, it is the margin of about 10 feet at the back of everyone's property. Our CCRs say that things may not be built on it, nor within 5 feet. But this has not been enforced for many years, perhaps 20; all of the fences were built contiguously on this and there has been open and notorious use of this by individual homeowners. Can we simply deed that common area to each homeowner? WOuld that require a 100% vote, or the 2/3 required by our CCRs?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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A twenty year old five foot retaining wall is beginning to

A twenty year old five foot retaining wall is beginning to cave in the middle. I am on the lower side and my neighbor on the upper. We don't know whose responsibility it is. My survey does show a double lined rectangular box along my driveway where the retaining wall sits. Does this mean it is on my property and my responsibility?JA: Because laws vary from state to state, could you tell me what state is this in?Customer: TexasJA: Have you talked to a lawyer yet?Customer: No, we really don't want to go that far. We would probably be willing to split the cost or pay a percentage if we knew whose it was,JA: Anything else you think the lawyer should know?Customer: No just wondered if my survey was indicating it was on my property and therefore mine.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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45,440 satisfied customers
North Carolina- Right to the chase. 2000 purchase land with

North Carolina-Good evening. Right to the chase.2000 purchase land with trailer cash2001-Husband/wife (grantors) create joint tenant w/right of survivorship towife and another person.2005-Husband & wife take loan for 21,000 1st bank holds note. Husband signs note wife does not.approx. two years later husband dies. no will. estate handled thru a lawyer.Wife makes payments up till 2015. auto draft to 2nd bank that holds note. Never any notices to her regarding loan till 2016 (foreclosure)Today 2016 2nd bank wants all 17,000 (assuming it was a interest only loan)has been to court w/no reliefThe 2nd bank never filed thru the deeds office a new trustee till January 2016.and I found an affidavit filed thru deeds office dated 12/28/15 the 1st bank filed "for an incomplete original note".Question:Did he have the right to get the loan?Does she have a case against the 1st lender (bank) waiting 10 years to correct their original note? Shouldn't they honor original note?Doesn't the 2nd bank have to file with the deeds office the new note they are holding when they get it? not wait till January 2016 to record it?She has till August 5 to pay 19,000 or move out.According to the tax office the mobile(1975) and land worth 14,970

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Irwin Law

Juris Doctor JD

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