Idaho Foreclosure Questions & Answers

Q: Do I need a lawyer to file for a partition of property? If I hire one, am I just making a bad situation more worse?

1 Answer | Asked in Contracts, Estate Planning, Foreclosure and Real Estate Law for Idaho on
Answered on Oct 10, 2018
Kevin M Rogers' answer
Why don’t you ask your mother to quit claim her interest in the property to you? Partitioning this property won’t answer the question of what money you might owe to your mother? As for your question, this is not a difficult situation for an experienced attorney to handle, and if you know what you’re doing why don’t you do it yourself? Any lawyer you hire is going to charge you a retainer but I can’t imagine why that would make the situation you find yourself worse.

Q: When is it prudent to threaten or proceed with foreclosure due to delinquent HOA Fees?

1 Answer | Asked in Foreclosure for Idaho on
Answered on Jun 21, 2018
Kevin M Rogers' answer
Homeowner's HOA fees are enforceable in court and attorney fees may be awarded pursuant to the HOA Agreement as well as Idaho Code. Enforcement of the HOA lien recorded for the purpose of clouding the title as also valid and if it is necessary to enforce the lien to recover HOA fees, there too attorney fees may be recovers. Whether threat of foreclosure to collect these fees is "prudent" or not is a matter of taste. A lawyer may not threaten to do something he has no legal right to do and/or...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.