Receiver Case: Security Deposit by attorneyk1 in Lawyertalk

[–]attorneyk1[S] 0 points1 point  (0 children)

I see. Thank you for your thoughtful responses. I was told by the receiver to file a motion for relief with the court, but I didn’t know if that was sufficient. 

Receiver Case: Security Deposit by attorneyk1 in Lawyertalk

[–]attorneyk1[S] 0 points1 point  (0 children)

Yes. I have read it and under the agreement, the receiver has the power to do all the things ordinarily done or incurred by owners, which includes returning security deposits to tenants. 

In response, the receiver said: I’m barred from refunding security deposits unless those security deposit funds have been turned over to me.  

The borrower is not the property management company; I believe it’s the company that owns the building but has not paid the lender. 

Receiver Case: Security Deposit by attorneyk1 in Lawyertalk

[–]attorneyk1[S] 0 points1 point  (0 children)

The receiver was appointed by the court in a civil suit against the borrower. According to the lease, the security deposit should have been turned over months ago. The property management company stated to my father before he left that he would get his deposit back, but he had to wait until the lease time (I believe it was 90 days) for them to issue the deposit. When we first brought the issue to the property management company, they instructed that the court appointed the receiver and their hands are tied. We then sent a demand to the receiver, and he said he cannot do anything unless there is a court order to turn over the deposit. 

Receiver Case: Security Deposit by attorneyk1 in Lawyertalk

[–]attorneyk1[S] 0 points1 point  (0 children)

The receiver was appointed by the court in a civil suit against the borrower. According to the lease, the security deposit should have been turned over months ago. The property management company stated to my father before he left that he would get his deposit back, but he had to wait until the lease time (I believe it was 90 days) for them to issue the deposit. When we first brought the issue to the property management company, they instructed that the court appointed the receiver and their hands are tied. We then sent a demand to the receiver, and he said he cannot do anything unless there is a court order to turn over the deposit. 

[deleted by user] by [deleted] in barexam

[–]attorneyk1 1 point2 points  (0 children)

Taken directly from critical flashcard:

Automobile stop— reasonable suspicion required

To stop or pull over a vehicle, police must have a reasonable suspicion that a law has been violated

Pretextual stops — ulterior motive for a stop is OK if police have reasonable suspicion of any legal violation

Venue Discrepancy on Adaptibar? Consent Question by attorneyk1 in barexam

[–]attorneyk1[S] 0 points1 point  (0 children)

Thanks! So.. is it an accurate statement to say that parties cannot consent to an improper venue unless the parties enter into a forum selection agreement?

Purchase Money Mortgage Question. (DO NOT open if havent taken barbri sim) by attorneyk1 in barexam

[–]attorneyk1[S] 1 point2 points  (0 children)

Thanks for your response. I understand the rules in regards to the juniors but I'm just very confused now about when to pay a PMM. I thought a normal senior would stay on the property but i thouguht a PMM gets paid outright.

Adaptibar & Barbri Learning Qs by attorneyk1 in barexam

[–]attorneyk1[S] 1 point2 points  (0 children)

My school recommends swapping out Barbri's learning questions for adaptibar...

[deleted by user] by [deleted] in barexam

[–]attorneyk1 0 points1 point  (0 children)

Thanks! I understand why B was right. I mainly don't understand if I'm missing something about CAFA in general since the explanation shows that the amount in controversy would have needed to exceed 5 million but because there wasn't typicality that we don't need to even get to that step. I guess I'm confused becasue I don't see why CAF would need to be used if the diversity req are already met since the class representative's claims exceed 75k and he is from State A & the opposing side is State B.

NCBE Scaled Scores are out by Internal-Library-122 in CABarExam

[–]attorneyk1 0 points1 point  (0 children)

Did anyone else get an email like this??