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Recent Unjust Enrichment questions

I'm not sure whether this would be considered Real Estate

Hello ... I'm not sure whether this would be considered Real Estate Law or Contract Law ... We have/had been working with a contractor in a home renovation project. We know he is in breach of contract based upon ATCP regulations. What was supposed to have been a 3 to 4 month project has extended to over 9 months. He has met substantial completion ... and then pretty much bailed before reaching absolute completion. We have received numerous "final invoices" where the number keeps changing. He agreed to not charge interest, and, now he is ... though the time extension in getting paid the rest of what he is owed has been b/c of his mistakes with invoices, etc. When my husband and I have reviewed each "final invoice" he has sent, we have found math errors, and draws w/o the proper invoices... We never received notice of delay, based upon ATCP 110.027. The GC was not on site at times when he should have been... the majority of the bigger projects have had to be re-done (ie: We chose a floating bamboo floor. He has never installed a floor like this. He never disclosed that. He, by admittance, did not read the directions provided by the company ... Our floor had to be laid three times before it was done correctly by a third party.) There has been professional negligence, harassment, malice w/o intent ... The number given to us change ... So... the question ... What kind of legal recourse do we have? We have been unable to refinance our house when rates were low b/c of his time delays in communication, getting information to us, correction wrong information ... Ethics matter to us and we have no desire to be vindictive, however, this has been a living nightmare and now we are told that he decided to charge $700/month of interest, when, delays are based upon him, and, at the onset of this project (turning a duplex into a single family home), he agreed to not charge interest, among other agreements, which he has continually broken. We are very frustrated and do not want to make legal mistakes in how we handle paying for the remainder of what is due (We took out a construction loan, received an interest free loan from the village where we live, and, knew that there would be overage, which, we would pull out in equity from the house once we finished refinancing it.) Do we have any legal recourse in this situation? Thank you so much! I do realize this has been a novella to read .... With appreciation - Lori

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Ely

Counselor at Law

Juris Doctor

68,680 satisfied customers
I have a wrongful lien that was put on my house, Los Angeles

I have a wrongful lien that was put on my houseJA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: Los Angeles CAJA: Has any paperwork been filed?Customer: Yes. My ex's attorney filed it on my house because she failed to pay him. In the settlement, I was to pay her a portion to her for her attorney fees which I did, but she never paid him.JA: Anything else you want the lawyer to know before I connect you?Customer: That sums it up basically

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Ely

Counselor at Law

Juris Doctor

68,680 satisfied customers
The co-owner that secured the private loans for improvement

The co-owner that secured the private loans for improvement did so unilaterally noting the property as collateral, repairs/improvements were made, and both enjoyed the benefits of those improvements. The sticky wicket here is that the co-owner used the property to secure the note, signing his name only to the Deed of trust. The other co-owner did not sign nor was asked to by the lender. The private loans are still unpaid and now the other co-owner wishes to file a partition action. The Prom. notes and Trust Deed are in a file and have not yet been recorded yet against the property. It the property were forced to be sold, based on earlier responses, it seems like the co-owner (debtor) would get stuck having to repay all of these outstanding bills on the property - even though both enjoyed the benefits of the private loan, only one co-owner signed, and therefore may be solely responsible to repayment from his 1/2 of the proceeds of the sale? This is sad and maybe true? But, as stated, aren't joint tenants equally responsible for expenses incurred relating to the property and would this not be unjust enrichment of the latter party that did not sign? It seems that an earlier private loan to acquire the property would be subject to this as well? Ultimately, does one go ahead and try to record these private loans against the property, even though only one signed the Deed of Trust to secure the notes or is this something that has to go directly to a civil action. One of the purposes is to encumber the title to compel the non signing co-owner to understand that one can't stick the other with expenses that were mutually beneficial.

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Ray

Lawyer

Doctoral Degree

41,504 satisfied customers
A co-owner of a jointly owned property organized a loan for

A co-owner of a jointly owned property organized a loan for repairs on on subject property. A promissory note was drafted, secured by a deed of trust signed only by the lender and that co-owner. Both joint tenants enjoyed the benefits of the loan, yet only one co-owner signed the paperwork (the one who organized the loan), and the other claims not have not known about the loan (of course not questioning how repairs were paid for). One of the terms indicates that immediate payment is required "if there is a sale of the material portion of the asset of the borrower." Can the lender still enforce the terms of the loan, and attach it to the real property at the recorder's office for collection?

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I live on a 1.25 acre lot in Maricopa County, Arizona. My

I live on a 1.25 acre lot in Maricopa County, Arizona. My next door neighbor who bought the home in 2nd quarter of 2016 now has 10 chickens, 10 ducks, 10 geese, 10 sheep, 10 goats, 1 cow, 3 steer calves, and several piglets. The odor is terrible, the flies (especially summer) are terrible and the property is a visual blight. They feed the animals but do not clean up the feces and filth on a regular basis. I had a Maricopa county inspector out several months ago and he found no code violations. Are there any grounds for a nuisance complaint of any kind?

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Ely

Counselor at Law

Juris Doctor

68,680 satisfied customers
I have a first floor condo unit that for years

I have a first floor condo unit that for years intermittently every few months gets dirty water up from the sink, in some case getting into the floor and causing significant damage. In the past every time that happen the condo association will clean the ducts but never fixed the cause of the problem. Over the last 1 ½ years I have a new manager that, bot***** *****ne, misunderstood himself from the situation and blaming the problem on my unit. He said all evidence point to that. I send a letter and spoke with the board of the condo association without response. Lately I have been absorbing the cost of cleaning the duct every time gets clogged. I just paid an evaluation where a plumber came with a camera and look inside the ducts and conclusion is that the problem is 100% a building draining system and not my unit.I had lost probably between $5-7 thousand dollars at least on this situation over the last 2 years. Which includes changing hardwood floor, plumber and losing rent, as I could rent unit on time due to damages.First, I need the association to take responsibility for the case because its going to continue happening. Happened twice in the last 10 days.Second, should I sue them to recover part of the money lost.

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Ely

Counselor at Law

Juris Doctor

68,680 satisfied customers
CAN I TAKE LEGAL ACTION AGAINST A REAL ESTATE BROKER FOR NOT

CAN I TAKE LEGAL ACTION AGAINST A REAL ESTATE BROKER FOR NOT REFUNDING MY $1,500.00 SECURITY DEPOSIT IN FLORIDA?

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Ely

Counselor at Law

Juris Doctor

68,680 satisfied customers
I'm in sacramento ca I signed a lease with my ex gfs dad to

hi I'm in sacramento ca I signed a lease with my ex gfs dad to get into a condo. long story short he had made oral promises that he did not keep. after 2 days I get a call from the realty company saying the lease was invalid because the ex gf dad did not sign at all and I signed in the wrong spot. I immediately told them I was moving out and I would not sign a new lease. the issue is the first month's rent I paid 618.17 dollars. he was not eligible without me. next thing I know they worked a deal with the father and told me I had to talk to him to get my money back? how can I get my money back the father refuses to answer his phone.

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P. Simmons

Attorney

Doctoral Degree

37,770 satisfied customers
Shouldn't any one who knowingly uses your property to store

Shouldn't any one who knowingly uses your property to store or support their cause without permission be made to pay a property fee of the time occupied. Assistant: Thanks. Can you give me any more details about your issue? Customer: Verizon, Cox and Virginia dominion power has used my property for three years to anchor a broken utility pole which could not support itself. the cables were anchored in my yard hindering me from installing a privacy fence.

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INFOLAWYER

Attorney

Juris Doctor.

41,508 satisfied customers
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