Howard B.

Managing Member

Tulsa, Ok

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3 Questions Answered / 3 Recent Answers
August 21, 2022
A: You will need to talk to someone in California, specifically. I am not licensed in your state. Generally, it is possible for terms of an agreement to service termination of other aspects of the agreement. This comes up in employment contracts all the time. The answer to your question most likely exists in the text of your agreement. Take that to a local attorney - aside from the text in the document, there may well be case law in California that would set an upper limit on how long such restrictions can last.
August 9, 2022
A: I'm an Oklahoma attorney and not an Idaho attorney, so I am simply providing information about the general theory of contracts. For a more detailed response, you need to talk to an attorney in the place where the contract states for its choice of law. If your contract does not state a choice of law, it is possible the place where you live is not actually the law that applies to the contract. The law of the place where the buyers are located might apply. Typically, the words in a contract are to be interpreted in their usual and customary way and not in any technical way, unless the contract indicates otherwise. So, the dictionary meaning of "maintenance" may well be applied. I see two definitions in Merriam-Webster, both of which are not helpful to you because they are broad, not distinguishing between "maintenance" stuff like replacing brake shoes in a trailer's electric drum brake system and fixing or replacing broken things like an A/C unit that simply died after running non-stop during a heat wave. There may be some case law on this in the correct jurisdiction. Your really need to talk to a local attorney and show them the contract you have.
August 9, 2022
A: To be clear, the mortgagor is the person taking the loan and giving the creditor a security interest in real property. The mortgagee is the creditor, typically a bank. Which court document depends on what type of proceeding you are involved in. If you are asking about a foreclosure action, the mortgage instrument is typically filed with the petition/complaint initiating the action. However, I'm an Oklahoma attorney, not a Georgia attorney, so I don't know if the same requirement applies to filings in your state. However, that's what is typical. The problem is that the loan is often sold, so the promissory note and the mortgage are assigned to other companies. The manner in which that happens varies by state. There might be attachments showing the documents were assigned to other financial institutions who presumably bought the note and mortgage. Those are usually pages attached to the back of the mortgage agreement. Also, there is a company called the Mortgage Electronic Registration, Inc. ("MERS") that tracks ownership of loans without making a separate assignment each time a loan is transferred from one financial institution to another. In a MERS case, there is typically a statement from MERS, often in a long legalese document called an affidavit. Somewhere in that affidavit, it likely says who the present owner is. Alternatively, the affidavit simply verifies that some other document is a true copy of their business records, and THAT document will have the mortgagee information. For more detailed information, you will need to take whatever documents you have and whatever case information you have (especially the case number) to an attorney in the state where the property is located, preferably in the county where the property is located. Good luck!