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Inept posted:Landlord has had a fraudulent mortgage for a while. She contacted me in November asking me to be part of her scheme to say she was our roommate in exchange for lowering our rent because the bank was asking her for proof she lived there. I said no thanks, that was the end of it. Inept posted:
Inept posted:I don't think she gave us amazing advice, but I doubt any lawyer is going to tell us anything other than "find a new place or deal with eviction". To go beyond that, and essentially extend the lease without the landlord's consent, is going to take time and effort from an attorney and money from you. (Though if you're close to a law school, you might see if they have a legal assistance clinic - this kind of thing will be right up their alley) Go talk to a better lawyer (or clinic head) about arguing (essentially) that your wife's condition and the pandemic extends the lease as a matter of public policy. What you might decide after getting legal advice from a NC attorney with whom you have an attorney client relationship (ACR) is to stay in the house, pay your rent, and force the LL to evict you. Evictions are closed down till mid May, and that is likely to be extended unless the pandemic dissipates a whole hell of a lot. The better (NC)(ACR) lawyer you consult with will likely also tell your wife to get a letter from her doctor saying not only is she more susceptible, but even your househunting/inspecting/signing a lease, let alone moving, would be a grave risk to her health. After consulting with your attorney, they might see if any of the local press might take an interest in your case. Your attorney will likely send a carefully worded letter with all this stuff and some of the stuff you've already talked about to your LL and ask them to extend your lease until the pandemic is over. The attorney might even advice you to toss in an extra 10% in rent as a show of good faith. If the landlord still decides to evict you, they'll have to wait until the courts start hearing evictions again, get an attorney (because you'll have one that's loaded for bear) and spend tons of money and months and months and months of time to get rid of paying renters. Your attorney will also tell you the potential downsides of all this, which could include having to pay all of your LL's expenses to kick you out. This is not legal advice, these are things you should ask your (NC) (ACR) attorney about. I am not licensed in NC and I am not your attorney. Inept posted:Also why would I lie about speaking to a lawyer? What?
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Apr 8, 2020 00:37
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What other advice would their be? You’re in a lovely situation but any legit lawyer won’t advise you to help with mortgage fraud Edit lol at the timing. EwokEntourage fucked around with this message at 00:43 on Apr 8, 2020 |
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Apr 8, 2020 00:37
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I'm not saying to blackmail anyone, but I am saying you seem to be in possession of a written request to participate in a criminal conspiracy from someone who you want something from. Turn informant.
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Apr 8, 2020 01:20
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Just offer to go monthly to monthly and start looking for a new place right now. Don't be complicit in mortgage fraud, but if the bank is getting suspicious then it may not matter soon what arrangement you come to with your Landlord because things could be taken out of her control.
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Apr 8, 2020 08:37
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EwokEntourage posted:Edit lol at the timing. https://www.youtube.com/watch?v=t8EMx7Y16Vo
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Apr 8, 2020 10:32
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Nevvy Z posted:I'm not saying to blackmail anyone, but I am saying you seem to be in possession of a written request to participate in a criminal conspiracy from someone who you want something from. I don't think there's any ethical issues with calling the bank once you have an exit strategy.
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Apr 8, 2020 20:47
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Hoisted by our collective petard
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Apr 8, 2020 22:29
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My wife and I are buying a home with a 1200 square foot inlaw apartment that has it's own entrance and driveway. My father inlaw is in his 80's and is going to live there, but once he's gone my daughter wants to move in. I'd like to set something up where she pays me rent (say $900 a month) and have $600 of it go towards that is equivalent of equity in the home. I would track the nominal balance on a spreadsheet or whatever and then if we ever sold the house I would cut her a check for what she had paid in. Alternatively, I could also sell her the place in 10 years and do a gift to her for the down payment. The idea of this is to give her incentive to keep the place up and not feel like she's missing out by not owning a place on her own. I'm sure there are many pitfalls here (what if she got married and divorced, could she cash out early if she wanted to move, etc). Is there a good way to do this? daslog fucked around with this message at 00:18 on Apr 9, 2020 |
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Apr 9, 2020 00:05
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daslog posted:My wife and I are buying a home with a 1200 square foot inlaw apartment that has it's own entrance and driveway. My father in is in his 80's and is going to live there, but once he's gone my daughter wants to move in. I'd like to set something up where she pays me rent (say $900 a month) and have $600 of it go towards that is equivalent of equity in the home. I would track the nominal balance on a spreadsheet or whatever and then if we ever sold the house I would cut her a check for what she had paid in. Alternatively, I could also sell her the place in 10 years and do a gift to her for the down payment. First of all, where are you? Second, there are ways to handle this transaction, and there's a lot of pitfalls that you would have no reason to be aware of unless you've been a practicing real estate attorney for awhile. Accidentally creating a co-tenancy, or signing up for what's called an "executory contract" could have serious repercussions. Could accidentally find yourself in a situation where the bank is foreclosing on your home, because of breach of the mortgage and deed of trust, or the that she acquired the right to stay there and you've lost the right to evict her for any reason. I say this to make it clear that you should have a Real Estate attorney handle the transaction, and to get you to consider whether her simply being liable for any damages is not enough incentive for her to "keep the place up." and if not, why you would want a tenant like that. blarzgh fucked around with this message at 01:01 on Apr 9, 2020 |
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Apr 9, 2020 00:22
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blarzgh posted:First of all, where are you? Thanks for replying. New Hampshire is where I'm located. The idea is so she doesn't feel like she's losing money by not owning her own home and throwing away her money on rent. While I'm not concerned about her trashing the place, you never know what could happen in the future. An alternative would be to draw something up that explicitly states she doesn't get any equity in the home and instead I would just keep a notional account for her that she could draw on.
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Apr 9, 2020 02:29
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Talk to a real estate attorney. "drawing something up" is what they're for.
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Apr 9, 2020 07:24
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daslog posted:Thanks for replying. Is there a reason you can't just charge her $300 and arrange with her to set up a long term savings account to put the other $600 into?
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Apr 9, 2020 07:34
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Lobsterpillar posted:Is there a reason you can't just charge her $300 and arrange with her to set up a long term savings account to put the other $600 into? I'd like to use the $600 per month to help pay down the mortgage, and if it's tied up in equity then she can be in a difficult spot if an emergency comes up.
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Apr 9, 2020 10:26
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daslog posted:I'd like to use the $600 per month to help pay down the mortgage, and if it's tied up in equity then she can be in a difficult spot if an emergency comes up. I could draw up an arrangement (in my state, Texas) that you're looking for for probably $750. There are other options that run up to $1,500. Considering the stakes, that's worth it.
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Apr 9, 2020 14:34
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daslog posted:Thanks for replying. You seem like you have enough money to hire a lawyer There are like 10 issues off the top of my head that need to be addressed. (MEDICAID!!!!)
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Apr 9, 2020 14:39
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euphronius posted:You seem like you have enough money to hire a lawyer OK I'm convinced. Can you give me 5 or 6 talking points so I can convince the other parties that it's a good idea to use a lawyer?
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Apr 9, 2020 15:00
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daslog posted:OK I'm convinced. Can you give me 5 or 6 talking points so I can convince the other parties that it's a good idea to use a lawyer? You're encumbering something that's worth hundreds of thousands with a lot of pitfalls. Spending less than 1% of the value to ensure that everything goes the way you want is worth it every time.
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Apr 9, 2020 15:16
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daslog posted:OK I'm convinced. Can you give me 5 or 6 talking points so I can convince the other parties that it's a good idea to use a lawyer? You don’t need to convince them lol. Just go. It’s YOUR LAWYWR
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Apr 9, 2020 16:02
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You don’t need to tell anyone you are seeing a lawyere
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Apr 9, 2020 16:03
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euphronius posted:You don’t need to tell anyone you are seeing a lawyere thats french for "lawyer"
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Apr 9, 2020 16:54
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No the French word for lawyer is “avocado”
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Apr 9, 2020 17:59
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Millenials raving about avocado toast suddenly explains why it's so expensive.
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Apr 9, 2020 18:03
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in the military a lawyer that advises a court martial is called a judge avocado
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Apr 10, 2020 07:09
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How many Twitter followers before you're a public figure? Hypothetical: A couple was reported loving in public in 2004 at 5:30 AM by a mother driving her children to daycare before work. Initially there were 3 counts of public indecency and one count of exhibition before a minor. The latter count is under the subsection of state law dealing with molestation. The result was a plea with no admission and a fine on one count of indecent exposure. They later become slightly well known in social media. Various people who consider the couple political enemies, including some attorneys, coordinate a smear campaign to release some of the court documents and directly state that the couple are convicted pedophiles. I have no idea what state anyone is in. Is any if it actionable?
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Apr 11, 2020 14:14
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Nevvy Z posted:How many Twitter followers before you're a public figure? It sounds like they were convicted of indecent exposure which has nothing to do with pedophilia. Setting aside the obvious bad faith in the smear campaign, the answer is yes—that statement is per se defamatory and actionable as a result. Malice and damages should be presumed.
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Apr 11, 2020 16:24
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If someone is buying a 3-unit house, and is getting a mortgage as an owner-occupier, and multiple of the units are being delivered vacant, and it was discovered during inspection that the garage actually contains an "in-law apartment", i.e. not zoned but has a separate section with a proper bedroom/kitchen/bathroom, can the buyer owner-occupy that without getting in trouble with the lender? The lender never specified which unit the buyer had to occupy, only that they live on the premises. The garage unit seems to have been done safely and to code, it just hasn't gotten approval from the city yet. It seems to be in spirit of the mortgage law (owner-occupier rates are lower because the owner doesn't want to get foreclosed and lose the place they're living, and this would still apply if they're in the garage). Lastly, the buyer only needs 1 bedroom as they are single; it would make more sense to rent the vacant legal unit to a family who might need it during this apocalypse.
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Apr 12, 2020 02:13
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Zero VGS posted:If someone is buying a 3-unit house, and is getting a mortgage as an owner-occupier, and multiple of the units are being delivered vacant, and it was discovered during inspection that the garage actually contains an "in-law apartment", i.e. not zoned but has a separate section with a proper bedroom/kitchen/bathroom, can the buyer owner-occupy that without getting in trouble with the lender? The new owner would do well to talk to the city to get the fourth unit up to code, and update the paperwork with his bank and insurance to let them know how many units are in the building. The owner should also have visited the building before buying.
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Apr 12, 2020 03:36
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FrozenVent posted:The new owner would do well to talk to the city to get the fourth unit up to code, and update the paperwork with his bank and insurance to let them know how many units are in the building. The buyer did visit the building before buying (during the aforementioned inspection along with the inspection company) and appreciated the "bonus" apartment. The buyer is not nearly as worried about dealing with the town hall on getting the space to code as they are with the bank accusing them of "Occupancy Fraud", which is what the original question was concerning. As long as the owner is sincerely on-site, it shouldn't matter whether they're in one of the actual apartments or in the in-law apartment, or in a tent in the backyard, one might suppose.
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Apr 12, 2020 05:07
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The buyer should talk to an attorney
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Apr 12, 2020 05:36
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EwokEntourage posted:The buyer should talk to an attorney I'll let em know, thanks!
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Apr 12, 2020 08:30
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There might also be something in the buyer’s mortgage convenant and insurance policy that specifically mentions the number of units in the property.
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Apr 12, 2020 13:34
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Not sure if this is the right thread for this, but it seems legal related, so here goes: I live in an apartment complex, and for the past few days, I've been hearing water running from the adjacent apartment's bathroom at all hours of the day and night. (It sounds like water flowing through pipes, and is a quieter version of what my own shower sounds like when on.) It's technically none of my business, but with this Covid thing, I'm worried that the resident(s) may have died or I don't know and it's just a matter of time before their tub or whatever overflows and creates a huge loving problem for the apartment staff. Should I try to contact the staff about this or something?
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Apr 13, 2020 11:09
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Yes, same thing happened to my father in law and his apartment neighbor had in fact killed himself in the tub.
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Apr 13, 2020 14:00
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Ambaire posted:Not sure if this is the right thread for this, but it seems legal related, so here goes: One option would be to call the cops and ask for a well check on your neighbor. Or, y'know, knock on their door and leave a note and see if they take it.
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Apr 13, 2020 14:06
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Ambaire posted:Not sure if this is the right thread for this, but it seems legal related, so here goes: The apartment super would probably be extremely interested, if the water ends up overflowing it would cause a ton of damage. Definitely knock on their door and see if they're alive first though.
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Apr 13, 2020 14:59
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Hieronymous Alloy posted:One option would be to call the cops and ask for a well check on your neighbor. Or, y'know, knock on their door and leave a note and see if they take it. Maybe don't call the police for a check, they have a nasty habit of killing people when they do those.
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Apr 13, 2020 18:21
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Yeah that's a call to the landlord, running water is an actual problem they will care about probably
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Apr 13, 2020 20:49
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Javid posted:Yeah that's a call to the landlord, running water is an actual problem they will care about probably I called the office 6 hours ago when they opened and told them and they said they'd send someone to take a look. Been checking throughout the day and that water's still running... I guess covid's messing with maintenance or something. Not sure what I should do if it's still going tomorrow or the day after. Been living here for 5 years and this is the second time I've called anyone for anything unrelated to me. First time was about 3 years ago when I could hear a smoke detector alarm going off continuously, traced it to the apartment upstairs across from me, and after knocking on their door for near 5 minutes with no response, called the fire department. Turned out someone was home and had burnt something in their oven but didn't do anything about silencing the alarms.. for what seemed like hours... Thanks for the replies. edit: I mean, it's not normal for someone's shower to be on for days, right? This is something I should be worried about, right? Bystander effect seems strong here but there's probably not many people who could be aware of it so ... Ambaire fucked around with this message at 21:22 on Apr 13, 2020 |
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Apr 13, 2020 21:19
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Just wait, if this person had a bad thing done realistically the damage is done. It's the landlord's issue.
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Apr 13, 2020 21:31
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Nonexistence posted:Just wait, if this person had a bad thing done realistically the damage is done. It's the landlord's issue. No, if this person is slowly dying on their bed or something, there could still be a chance. It's probably just a stuck toilet flusher or maybe a broken pipe, but there's a small chance someone is in trouble and you can't just assume "well by now they'd definitely be dead."
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Apr 13, 2020 21:39
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