Black & LoBello

Galardi v. Naples (Real Property/Contracts)

blacklobellolaw — Fri, 17 May 2013 23:39:27 +0000

Nevada Supreme Court states: There is a presumption, based on custom and practice in Nevada, that properties are sold free of encumbrances. Unless the Seller and Buyer specifically agree otherwise, the Buyer – in exchange for the purchase price – shall receive the property free of existing indebtedness.

Click Here to Review 129 Nev., Advance Opinion 33

Black & LoBello on AM720 KDWN

blacklobellolaw — Thu, 16 May 2013 21:46:50 +0000

Click here to listen to the Legal Hour on KDWN AM720 from May 15th, 2013 in which Managing Partner, Tisha Black Chernine, Esq. discusses refinancing underwater mortgages (5:00), principle reductions (9:30), federal programs for refinancing mortgages (11:00), how salary affects the real estate market (17:00), banks selling mortgage loans (19:30), wrongful evictions (27:30) and death and loan modification (30:45).

Please tune in to AM720 KDWN’s “Legal Hour,” every Wednesday, from 9 AM to 10 AM. Listen live on the radio or online. Feel free to call in with your comments or questions at 702-257-5396.

To listen to past shows, visit our Media page.

Q & A- What documents do I need to bring to Justice Court for 5 day pay rent or quit?

blacklobellolaw — Sat, 11 May 2013 20:25:23 +0000

Q: What documents do I need to bring to Justice Court for 5 day pay rent or quit? I live in Las Vegas for 3 months and got behind due to childbirth and my health complications after my daughter a was born. When I went to pay rent on the 20th, it was 15 days past due. The manager would not accept it. Her words were “just move”. My rent for the 2 prior months were on time.

A: There are several factors to consider – Upon receipt of a 5-Day Notice to Pay Rent or Quit, you will need to pay, vacate the premises or properly respond (by answer or motion to stay). After an answer is properly made, the court will hold a summary eviction hearing. You should endeavor to bring any documents related to the situation to the hearing, especially those that would support your position – whatever it may be. (Note: Depending on your position, argument or defense(s), you may be required to take some additional action before the hearing.)

The Clark County Courts website provides an abundance of information that may be helpful.

-Kristy Black

Black & LoBello on AM720 KDWN

blacklobellolaw — Sat, 11 May 2013 20:12:07 +0000

Click here to listen to the Legal Hour on KDWN AM720 from May 8th, 2013 in which Managing Partner, Tisha Black Chernine, Esq. hosts special guest Mr. Jay Patterson, forensic accountant. Mrs Black-Chernine and Mr. Patterson discuss how forensic accounting can be used in the mortgage industry (2:15), accounting problems with defaulted home loans (7:15), when payments are not applied properly (8:30), clients of forensic accountants (11:00), how forensic accounting helped form the California Homeowners’ Bill of Rights (13:00), how the securitization market started (15:20), reports available on trusts that own securitized loans and how these reports are used against these trusts (20:00), the confusion of financial information (31:15), when homeowners need a forensic accountant (32:30) and declined loan modification requests (34:05).

Please tune in to AM720 KDWN’s “Legal Hour,” every Wednesday, from 9 AM to 10 AM. Listen live on the radio or online. Feel free to call in with your comments or questions at 702-257-5396.

To listen to past shows, visit our Media page.

Q & A – If a man in Las Vegas gets money from a bankbook that was left in trust for him, does he have to share it with his wife?

blacklobellolaw — Thu, 09 May 2013 23:46:47 +0000

Q: If a man in Las Vegas gets money from a bankbook that was left in trust for him, does he have to share it with his wife? Is there any way I can prevent him from giving it to his mistress of two years?

A: If he inherited it, or if it was a gift to him, then it is his to do with it as he pleases. He could set it on fire if he chooses and there is no legal basis upon which you could object. If he transfers the money into a joint account, you may have a claim that he gifted 50% to you, but otherwise it is his to dispose of as he sees fit. If you have children and were getting a divorce, the Court could invade those funds for the payment of either child support or alimony (with child support being the more compelling reason). There really are not enough facts here to develop a strategy. -John D. Jones, Esq.

Free Commercial Real Estate Symposium

blacklobellolaw — Mon, 29 Apr 2013 21:06:00 +0000

Black & LoBello on AM720 KDWN

blacklobellolaw — Mon, 29 Apr 2013 21:02:15 +0000

Click here to listen to the Legal Hour on KDWN AM720 from April 24th, 2013 in which Managing Partner, Tisha Black Chernine, Esq. discusses checks from the Multi-State Settlement (1:20)(13:30)(19:25), Homeowners’ Bill of Rights (6:00), HOA foreclosures (10:30), Cash for Keys program (15:45), credit impact of foreclosure (22:40), class action suits involving Fair Debt Collection Practices Act (26:50), rising Housing Price Index (30:00), transitioning out of a business (33:00) and statute of limitations for collections on a 2nd mortgage (37:00).

Please tune in to AM720 KDWN’s “Legal Hour,” every Wednesday, from 9 AM to 10 AM. Listen live on the radio or online. Feel free to call in with your comments or questions at 702-257-5396.

To listen to past shows, visit our Media page.

Q & A – How do I serve an inmate divorce papers?

blacklobellolaw — Mon, 22 Apr 2013 16:39:09 +0000

Q: I am unsure of how to serve my husband divorce papers while he is in Las Vegas prison.

A: It is actually really easy. The process server merely needs to go to the prison or jail and serve as the ordinarily would. They just need to notify the person at the desk that they are serving legal papers and either they will sign for it or they will get the designated person to come and get them on behalf of the inmate. John D. Jones, Esq.

Recent Supreme Court of Nevada has implications beyond the issues that existed in the case

blacklobellolaw — Fri, 19 Apr 2013 21:23:05 +0000

In Holcomb Condominium v. Stewart Venture, 129 Nev. Adv. Op. 18 (2013), the Court addressed an issue wherein the statute of limitations for a warranty claim against a builder may be reduced. In the specific facts of the case, the statute at issue NRS 116.4116 provides that a 6 year statute of limitation exists for any warranty claims, BUT that statute also states that the length of limitations may be reduced to as little as two years by mutual agreement of the parties, in a document that is separate from other documents . The Court found that an agreement to arbitrate which contained an agreement to reduce the time for the statute of limitations for warranty, was not a valid separate agreement because the arbitration agreement as a whole was incorporated into the purchase agreement for the property and was, therefore, not a separate agreement.

The Court could have stayed within the bounds of the statute at issue and simply determine whether the statute was met with the facts presented but instead took the opportunity to address the issue as to whether two parties could contractually modify a statutory limitations period generally and, therefore, creating new law in Nevada. Sometimes the Supreme Court will use a related case to bring in an issue that may be yet undecided or unclear in Nevada, as they have done in this case.

The Court reiterated a previous holding that a public interest exists “in protecting the freedom of persons to contract”. Hansen v. Edwards, 83 Nev. 189, 192, 426 P.2d 792, 793 (1967), and went on to state that it joins several other jurisdictions in finding that a “party may contractually agree to a limitations period shorter than that provided by statute as long as there exists no statute to the contrary and the shortened period is reasonable, and subject to normal defenses including unconscionably and violation of public policy.” Holcomb at 8. This apparently applies to ALL statutory limitations periods, UNLESS a statute exists that specifically states that it such limitation period cannot be shortened.

In short, a contract can contain language limiting a statutory period of claims, provided that (1) No statute exists to the contrary, (2) the shortened period is reasonable, (3) normal defenses are not limited, (4) it is not unconscionable and (5) does not violate public policy. The definitions of each of those requirements, other than (1), will most likely be litigatable issues. -Steven Mack

Q & A – Can I, the co-signer on a car loan, keep the car?

blacklobellolaw — Thu, 18 Apr 2013 18:01:38 +0000

Q: About four months ago, my boyfriend and I got a car loan, I cosigned on it. recently we have been arguing a lot, so separation is coming Is there any way that I could keep the car, and get his name off the car loan?

A: Unfortunately, unless your boyfriend agrees to allow you to take over payments and possession of the car, you have very limited rights. You will be obligated to cure any non-payment and if, at that time, you choose to exercise your rights to possess the car, you may. However, in the meantime, as long as he is making payments on car, your rights are diminished. – Tisha Black, Esq.