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Arizona Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: From Glendale AZ. Quit Claim a home to a non-family member.

From Glendale AZ. My son passed, single, with no will, and no children but a live-in girlfriend. All his belongings, including the home, go to his father and me. He made a dying declaration that he wanted the house to go to his girlfriend. We would like to honor that wish. It is my... View More

John Michael Frick
John Michael Frick
answered on Dec 26, 2022

A quit claim deed passes title to property to the grantee of the deed. There is no “loan” required. Title passes subject to all existing liens, assessments, and encumbrances.

If your son is the borrower on a loan which is secured by a mortgage or deed of trust giving his creditor a...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: After a mortgage servicer sells an account, are they required to file a release with the county your home is in?

So the new mortgage servicer can file a deed of trust with the county? Because if I want to sell the home the title company will think the old servicer is who gets paid?

Anthony M. Avery
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answered on Dec 7, 2022

That would be an assignment not a release. The noteholder is the one to get paid and who gives a release when paid off, which may not be who is servicing the Deed of Trust. Hire an AZ attorney to represent you because you are about to make very serious mistakes.

1 Answer | Asked in Identity Theft and Real Estate Law for Arizona on
Q: I have a parcel of land, in which I was the owner, seller, and lender, they forged my signature and stolden my land.

All this was done while I was in the hospital with several major surgeries, without my permission or KNOWLEDGE

Anthony M. Avery
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answered on Mar 12, 2024

Hire an attorney now to search the title and draft an action for quiet title, reform deed, ejectment, etc. You cannot do this yourself and will lose the land.

1 Answer | Asked in Real Estate Law for Arizona on
Q: I have recently signed an agreement to sell m property and have now decided not sell due to unforseen circumstances,,,

can i as the seller opt out within 72 hours of signing and having told them i needed to do this is it possible to opt out?

even though my agreement states that the buyer has the option of opting out,,, but does not state that the seller has that same option?

Anthony M. Avery
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answered on Mar 5, 2024

Consult with an AZ attorney to read your contract and give you his estimation of the possibilities of suit for specific performance. If you were given earnest money, that might be forfeited only. Agent commissions are often the main liability.

1 Answer | Asked in Real Estate Law and Civil Litigation for Arizona on
Q: my wife is selling our house to her brother. She plans on taking all proceeds. I'll be left outside with bag and tears

my wife and I purchased the home in El Mirage, AZ on 4/2018. mortgage was put in her name because at the time, the mortgage banker said my credit was ' not quite ' where it needed to be. He said, you can refi in a few years, at that time you can be added.. " ...

my wife and I... View More

Anthony M. Avery
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answered on Feb 26, 2024

Hire an AZ attorney to file for divorce now, prior to the transfer which should be enjoined. Claim the house is marital property. Hopefully you have grounds.

1 Answer | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Arizona on
Q: My brother's girlfriend physically produced a quitclaim signature two days before his passing in a hospice facility.

She payed $1,000 to have a notary present and legalize the quitclaim of his house, everything in it and a wishlist of his financial accounts to be used to support her. This was witnessed by my living brother and sister. When they asked what the signatures where for, she said they were just papers... View More

Andre L. Pennington
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Andre L. Pennington
answered on Dec 17, 2023

Among other considerations, your brother had to knowingly know what he was doing without undue influence. It sounds like there may be issues with this transfer. You may want to consult with an experienced probate litigation attorney.

1 Answer | Asked in Real Estate Law and Identity Theft for Arizona on
Q: I'm being evicted after a false deed was recorded by someone I don't know.

I was told I'm gonna be evicted in two days because. Someone filed a false deed at the recorders office. for my properly. Do I have to get out?and just walk away from my home I have 2 kids and 7 animals I can't just leave my home I don't know what to do

Anthony M. Avery
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answered on Nov 27, 2023

Hire an AZ attorney immediately to search the title and file an Ejectment and Quiet Title Action. If the thief sues for possession, you must defend your title in Court.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Arizona on
Q: Quiet title.

My wife is one of four sisters on a family trust. We bought property from her parents through the trust. We paid on it for 5years. I started college in 2008. Her parents had us over for dinner and told us they didn't want us to make anymore payments while I was in college. Then 3years later... View More

Anthony M. Avery
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answered on Oct 11, 2023

Partition Sale is probably the only remedy here. Asking for contribution will most likely be denied.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Workers' Compensation for Arizona on
Q: I have some really insane thoughts right now due to to my only moderately maintained BP disorder. I would love to discus

I currently want to fight the entire tech industry because my rights to my privacy and my data and my sovereignty is being impeached every day and I have receipts and I'm ready to stand up in front of a judge and preach my case. I'd love to write it out to you.

Joel Friedman
Joel Friedman
answered on Oct 5, 2023

This question came into the workers' compensation category. It does not appear to related to a work injury and you should limit your inquiry to employment law.

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Arizona on
Q: file a small claims against Greystar LLC, they have a Phoenix office where I live, but headquarters is in SC

Also would you send the demand letter to SC or Phoenix office ?

Anthony M. Avery
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answered on Aug 15, 2023

You can send a demand letter to both offices. But if you file suit, you must serve the Registered Agent. Get more information about the LLC first.

1 Answer | Asked in Real Estate Law for Arizona on
Q: Where's property line on river property in Arizona?

My neighbor says his property line extends to the other side of the Verde river and I have no access to the island in the middle. Does he own what's in the middle of the river?

Anthony M. Avery
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answered on Jun 5, 2023

That is a Boundary Dispute. Hire a competent AZ attorney to search both titles, then research water boundary law in AZ. You may have to file suit to have the Boundary declared.

1 Answer | Asked in Real Estate Law for Arizona on
Q: How is it legal for a neighbor to tear my fence down between parties and CLAIM 10 feet of my property as theirs ? i

no recorded easement and I pay taxes on the ten feet.

Anthony M. Avery
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answered on May 22, 2023

That is a Boundary Line Dispute. You must hire an attorney to search both titles, get a surveyor witness and file suit or you will acquiesce to the new fence as your boundary. The taxes help but are not absolutely determinative.

1 Answer | Asked in Estate Planning and Real Estate Law for Arizona on
Q: How should I title a house so that my share can go to my beneficiaries on my death?

My husband and I own three homes in Arizona as CPWROS. He has agreed that my share on two homes can go to my beneficiaries if I pre-decease him. I would file a beneficiary deed to accomplish this. I am sure the titles need to be changed from CPWROS. What is the best way to title the property so... View More

David Gerszewski
David Gerszewski
answered on Apr 24, 2023

Your question is not as straightforward as you would think. It will depend how the houses are acquired as well. I would recommend you work with an estate planning attorney to design a strategy to accomplish your goals. A beneficiary deed will not necessarily accomplish it.

1 Answer | Asked in Real Estate Law for Arizona on
Q: Board told all the owners I have caused the HOA to pay $10,000 in attorney fees. It’s a lie

We petitioned to remove Pres., Mang Agent & Pres. spent almost $3,000 for attorney to handle the meeting and said it’s because of me. I haven’t hired an attorney for anything to make them. What can I do to let owners know it’s not true? Owners are angry with me, we have less than... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2023

If the attorney invoices aren’t subject to a protective order or confidentiality agreement, send copies to all of the homeowners in the HOA so they know the truth.

1 Answer | Asked in Real Estate Law for Arizona on
Q: Please read the following CCR's and tell me who is responsible for damages if a pipe breaks inside the walls of a condo

HOA/CONDO or condo unit owner?

3.07 Maintenance By Owners. Each Owner shall furnish and be responsible for, at his own expense, all of the maintenance, repairs, and replacements within his own Condominium Unit. Such obligation shall include: . . . (c) the maintenance of, in an open and... View More

John Michael Frick
John Michael Frick
answered on Feb 7, 2023

If it is a pipe that provides water to an individual condo unit, the owner of that unit is responsible under that language.

I agree unobstructed would mean that the owner may not allow a pipe to remain clogged.

1 Answer | Asked in Bankruptcy and Real Estate Law for Arizona on
Q: Is it considered abandonment if I move out of my house while in the process of selling?

My friend and I purchased a home together. We are co-owners. We are both on the title and mortgage. We're not married, but we were together for some time after buying the house. We're no longer friends, and are in the process of selling the house. I filed Ch.7 bankruptcy last year and the... View More

Timothy Denison
Timothy Denison
answered on Jan 28, 2023

No. They cannot. Get all your payment records together.

1 Answer | Asked in Real Estate Law for Arizona on
Q: Paid off mortgage but mortgage company sent the deed clearance to the county recorders in both my name and ex husband.

never got answers so deleted it

Stephen M Vincent
Stephen M Vincent
answered on Jan 24, 2023

I'm presuming the house was awarded to you in the Divorce Decree. If so, ask your ex-husband to sign a Quit Claim Deed to you to clear title. If he refuses, you can file to enforce the order.

1 Answer | Asked in Real Estate Law, Bankruptcy, Civil Litigation and Collections for Arizona on
Q: When is it a good time to record a lis pendens on a property?

I recently filed a complaint in Superior Court against 4 defendants due to a fraudulent transfer of a property. Is it proper to record a lis pendens just after filing the complaint or is it best to wait until you receive an answer? I ask because I don't want to be civilly liable by clouding... View More

Timothy Denison
Timothy Denison
answered on Jan 23, 2023

File it now.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Arizona on
Q: Im trying to take over my father's land it was sign over to him long ago I was wondering if I can get it

Im just trying to do what I can he past away in 2018 and my own family hasn't done a thing I'll pay almost anything

Ilene L McCauley
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Ilene L McCauley
answered on Sep 12, 2022

Thank you for your question. It is important that you know that transferring real estate under circumstances like this can be very complicated. I recommend that you work in stages. The first thing your must do is find out if your father is still the legal owner of the property. Contact a real... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Arizona on
Q: AZ Beneficiary Deed… can I include a life estate and also specify that property must be held rights of survivorship
Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Aug 17, 2022

This sounds like you are attempting to use a beneficiary deed instead of a proper estate plan.

Beneficiary deeds are intended to be used for simple transfers of real property after a person's death. While what you are suggesting can be inserted in the deed, it is highly likely that...
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