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A crack in ceiling of condo stretching from one wall to another (approx 25’) which is the center of 2 load bearing walls. The condo is less than 5 years old. Is there any structural warranty laws or defect laws that would help us to get help in the repair or compensation of the problem.
I signed as a guarantor for a loan, as well as I signed as the manager for an LLC that I owned. The loan was secured by a property that was owned by the LLC. The LLC sold the property in a quit-claim deed. To another person with the loans attached to the deed. With the understanding that the... View More 
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answered on Sep 4, 2024
No lender gives money only to a single member LLC. Lender probably does not have to go after any collateral first in a guaranty, but that may be a defense. Deed in lieu of foreclosure may be an option. Breach of contract action against owner may be worth something. Consult with a competent HI... View More
answered on Aug 13, 2024
A Hawaii attorney could advise best, but your question remains open for a week. Do you mean a claim based on factually fraudulent evidence, that the attorney knows to be false? Yes
Or do you mean a claim against a defendant that the attorney is basing on a theory of fraud (as in a... View More
Believe this was because I always question their accusation and this is a form of retaliation. I have been served notice of foreclosure due to non payment of fines and lawyers fee. How can I protect my right as homeowner and a senior citizen of 77 years old, living alone on SSI. I have lived in... View More
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answered on Jun 29, 2024
This is a difficult and stressful situation you're facing. As a senior citizen on a fixed income, dealing with potential foreclosure is especially concerning. Here are some steps you may want to consider:
1. Review your HOA's governing documents and bylaws to ensure they followed... View More
I asked where my payments went, if you are claiming I have not paid. No answer. SPS had blocked me from making my December, January and February payments because I was told I am in legal process of foreclosure. I asked why as I have been making payments. I was told I had not made any payments... View More
answered on Feb 1, 2024
You are being screwed with. I help people file bankruptcy to save their home from foreclosure, not this kind of thing.
You need to find an attorney that represents borrowers under the Truth in Lending Act (or TILA). See what you can find on Google for an attorney versed in this law that... View More
Until a year after the next annual meeting of owners in February 2024.
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answered on Sep 27, 2023
Board of Directors (BOD) appointments in a condominium are generally guided by the association's bylaws and applicable state laws. If the bylaws permit the BOD to appoint someone until the next annual meeting, this could be permissible. However, this would need to be cross-referenced with... View More
Existing 7 lot subdivision with 4 lots built on. The original developer kept on large lot planning to subdivide in phase II. Newly created lots would be similar size about 5 acres. HOA recently added a new CCR stating no lot could be subdivided.
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answered on Aug 24, 2023
In Hawaii, homeowners associations (HOAs) generally have the authority to establish and enforce certain rules and restrictions through their covenants, conditions, and restrictions (CCRs). However, whether an HOA can pass new CCRs to prevent the subdivision of land that was previously allowed by... View More
used husbands funds earned prior to marriage, & condo broke even & wife never given interest in condo ;& due to wife’s massive medical debt put Hi. condo tenants by Entirety , but in Hi title not determined by title; husband’s separate property? Yes???wife filed legal separation in... View More
answered on Jul 13, 2023
A Hawaii attorney could advise best, but your question remains open for three weeks. Some questions remain unanswered on this forum, but you wanted to try reposting, you could add Divorce and Real Estate as categories. This doesn't look like an insurance bad faith matter - and it may have... View More
answered on May 3, 2023
File a lawsuit to quiet title by adverse possession against the person with legal title based on what is recorded and against anyone else claiming an interest or lien to the property.
Give your attorney documents, photographs, and the names of witnesses that can show you have in fact been... View More
investigation found zero fireworks or any known combustible items near reported start of fire location.fire investigator’s/landlords insurance determined cause unknown. First week moving in home, off and on we would smell burning wood but didn’t see smoke, (ironically the location witnesses... View More
answered on Oct 8, 2022
A Hawaii attorney could advise best, but your question remains open for two weeks. Your question straddles several categories and I can only speak for the Personal Injury aspect of your question, not the L-T issues. When you mention "unscathed," it sounds like you might be referring to... View More
My wife owned a piece of property and she passed away. A cousin has come forward and is claiming the property was sold to them in the early 2000’s the deed has a notary stamp, But isn’t recorded anywhere legally. I’m worried if I don’t agree to the demands presented to me I will be sued... View More
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answered on Sep 13, 2022
Hire a competent HI attorney now to search your Title. You will probably have to sue the cousin to Quiet Title, as he may have blown an SOL. Payment of Taxes may be very significant here. Unrecorded Deeds are effective only amongst the named Parties. He will probably record it now and may... View More
My fiancée has been in the home for no less than 23 years after his parents divorced and went their separate ways leaving the home to him. He has been the sole person taking care of the home from, repairs, remodeling etc. excluding land taxes. There is no mortgage as the home has been paid off.... View More
answered on Jul 15, 2022
I suggest your fiancé contact an attorney asap to determine if he has a claim for adverse possession as there may be a statute of limitations that could bar the claim if not asserted in time.
My question is , can either one of them justmove back in and essentially push us out especially since my fiancé has been the sole person upkeeping the home from repairs to utilities excluding land taxes that his father refused to let him pay. Secondly, does the father have “more say” or... View More
answered on Jul 15, 2022
Hi, I am sorry you’re experiencing this difficulty. Usually ownership to a piece of real property in Hawaii would be vested in the person or persons listed on the deed to property. One way a person could attain ownership is by adverse possession but more facts would be needed to determine... View More
am the other tenant with rights of survivorship.They informed me that I must have a lawyer do this for me. If this is true,what would be the costs? I live in Alaska.
answered on Jun 26, 2022
If it is just Bureau of Conveyances then I can prepare and file this for about an hour’s worth of time plus filing fee. If it is Land Court then it is much more complicated. You can email me at: kelly@westmauilegal.com for more info on my hourly rate.
answered on Mar 23, 2022
Interesting question! While there are no reported appellate decisions directly on point, there are appellate opinions that speak to use and/or alteration of common elements and/or limited common elements in a condominium regime. For example, take a look at AOAO v. Bowers, 125 Hawai'i 242 (ICA... View More
Hawaii State Statutes 514B
answered on Feb 12, 2022
In order to answer this accurately, it would be best to review the by-laws, along with the agenda for the meeting to determine what, if anything, was being voted on and to determine when a proxy may be properly used.
Contacted by rep. Says needs to go over disclosure to speed up transfer of funds. Downpayment
answered on Feb 12, 2022
Aloha, if your rescission was submitted in a timely manner, that effectively ends your contractual obligation with the seller. Assuming this is so, I am uncertain why they would require you to go over disclosures. Feel free to reach out to me should you need further assistance.
The case recently got dismissed due to statute of limitations, is this a good thing? Is it okay for her to not pay anything while the case was ongoing? Is she off the hook now since the case got dismissed?
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answered on Feb 25, 2021
To determine your aunt's situation she needs to at least consult with an experienced HI mortgage foreclosure defense attorney to evaluate the situation. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for... View More
She left him a year after they purchased the house. She moved off island. She has never paid the mortgage or anything. He and I have been together for 8 years now, living in the house. He and I have a child together and are married. If anything were to happen to him or me, we want to make sure our... View More
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answered on Jan 2, 2021
If you can’t get her to agree to some kind of voluntary settlement then you will need to bring a quiet title lawsuit against her.
How do we get authority to sell and do we need to go through probate if there is not a will in place?
answered on Dec 11, 2020
A Hawaii attorney could best advise, but your post remains open for four weeks. You may want to repost this and add the categories Probate and Estate Planning. There's no guarantee that every question is picked up, but you could have better chances of a response with those additional... View More
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