My dad had brain surgery, but my sister is claiming he signed a quitclaim deed for his house to her less than 2 months later but the signature doesn't match his. He has since passed away and we didn't find out until over a month later that she did this when we were about to move forward... View More 
answered on Aug 1, 2022
From the information you provided it sounds like you may well have a case with merit. I recommend that you consult with an attorney who handles probate litigation matters. Your lawyer will need to know more of the facts and learn more about the handwriting specialist you hired before he or she... View More
Hello, we purchased a piece of land with an easement through the neighboring community to access the property. Both the land and easement were listed as covered under the title insurance (standard ALTA policy), with the indemnity amount maximum the amount we paid for the land. The HOA has taken the... View More
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answered on Jul 21, 2022
Hire an attorney to read your Title Insurance Policy. Usually you keep the money paid out for the claim, and keep whatever clouded title you had at the time of insurance issuance. But you probably have significant issues to deal with in the future with the real property, which will cost money... View More
It's a complicated story. I've lived with my grandma since I was 10 days old, she claimed guardianship of me because her daughter was deemed unfit. My grandma passed in 12/2019 and I've still stayed here as I have nowhere else to go. I don't have friends and most of the family... View More
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answered on Jul 15, 2022
Hire a competent AZ lawyer to determine Heirship. If you are an Heir, then record an Affidavit of Heirship and file suit for Partition against the other owners.
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answered on Jun 30, 2022
You probably have the wrong number for the Statute. Research the legal topic in AZ and you should find the Statute you are looking for. If critical, hire an AZ attorney.
To be replace. We were told Shea homes used cheat piping and was aware. We were told we have to repipe our entire home because of the piping material that was used. A few other homes in my area had the same thing happen. Do we have any legal course we can do to have Shea homes fix this issue? This... View More
answered on Jun 27, 2022
I recommend that you speak with a real estate attorney. From the information you provided, you may have recourse under Arizona's Dwelling Action law, ARS 12-1361, et.seq. The statute of limitations concerning such a claim can be up to 8 years from the substantial completion of the dwelling.
My son's last wish (no will) was that his partner own the home they lived in. Being the heir (his mother), with him having with no children or wife, the home will be quit claimed to me. I wish to quit claim it to his partner asap. Can I do this or will she have to be approved through the... View More
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answered on Jun 15, 2022
As with so many things, there are many issues to consider. Yes, once you are the owner you can quitclaim the property to anybody you want. You should talk to your CPA about whether this will trigger a gift tax for you. Most likely it will not, but that is an issue to pin down. And, yes, there... View More
I have the receipts as well as a quit deed copy that was emailed to me but not notarized. She now refuses to go to the county the county and put this land in my name what can I do
answered on Apr 29, 2022
The details of this case are necessary to provide specific answers. However, generally, the chain of title should be recorded with the County's Recorder's Office.
In this situation - when the seller refuses to transfer title - you typically would file an action in the Superior... View More
I am in Arizona. I am the sole owner of the property. Do I need to file a deed revocation, revoking the beneficiary deed first, or will the quitclaim deed be sufficient to maintain chain of title?
answered on Mar 17, 2022
The proper way to do this is to record a revocation of the beneficiary deed and then record a deed from you to the trust. Quitclaim deeds are an invitation to potential disasters.
The builder has very little input from the community and does what it wants including making the personalizing of ornamentation in owners back yard extremely unfair. This is a 55+ community and no one has complained about that violation notices until now. The development is over over 11 years old... View More
answered on Mar 7, 2022
The answers to many of your questions should be in your Community's recorded Covenants, Conditions and Restrictions (CC&Rs). You should have been provided a copy by your title company when you purchased. If not, they can be obtained online from the County Recorder's office. The... View More
Father-in-Law helped his daughter by buying a trailer home for her. The trailer is in Arizona where he also lives (but not in the trailer with her). She has lived in the trailer since 2000 when her Dad purchased it.
Daughter was added to the deed as Joint Tenant (JTWROS) couple years... View More
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answered on Mar 2, 2022
You are wise to be thinking about this proactively. The federal law that prohibits lenders from calling the loan due when the borrower dies applies to traditional homes and also "residential manufactured homes", so the answer depends on whether the home is a "residential manufactured... View More
I’m am a property owner, purchased in the last 6 months and hold deed. I have an individual residing on my property unlawful. I have no knowledge nor did I enter into any agreement with this individual to allow their occupancy of my property. Signs were posted and since removed. I’m inquiring... View More
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answered on Feb 16, 2022
Because he mentioned a deed, you may need to perform a title search. In any event you must hire an attorney to prosecute a possessory action or eviction now. Adverse Possession is a very real risk, and your Deed is possibly void for Champerty.
Divorced in 1991 the (false) quick claim deeds signed in 1996. Not by me.
answered on Feb 14, 2022
It is possible that a foreclosure could happen under the circumstances you mentioned. I recommend consulting a real estate attorney as soon as possible. Your lawyer will need to know all of the facts concerning this property before advising you as to your legal rights and best options. Since you... View More
My ex-business partner/boyfriend pretty much bulldozed me into putting the title of my investment property into a joint LLC, which he later removed me from after not turning in the partnership agreement to AZCC, took the title further by putting it into a corporation, so now the loan is detached... View More
answered on Feb 3, 2022
I strongly recommend that you consult with a real estate attorney as soon as possible. This is not something that you should attempt to handle on your own in my opinion. From the facts you have disclosed it appears that your ex partner has already become the sole owner of this property. If this... View More
We have tried to contact him but he does not answer our phone messages. It also appears that the property in is probate.
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answered on Jan 31, 2022
You probably can. But the survey is only the surveyor's expert opinion, he is not a judge. So you may get sued for trespass or property damages. You defend with your evidence of the boundary.
My dad had agreed to let a friend of his stay with him short term. This turned into long term at around a year. She has been living rent free under my dads roof. About a month ago she became ill and was transported to a nursing facility where she remains presently. Around the same time my father... View More
answered on Jan 28, 2022
The first step is to contact a probate lawyer. The lawyer will determine if a probate is needed to administer your dad's estate. If so, he will assist you in obtaining the appointment of a personal representative. The personal representative will have the legal authority needed to evict... View More
My mother has clinical depression and was advised to not sign any documents. My mother and father were never married and were separated. My mother living in the home alone fell victim to fraud on “refinancing” but lost her home, about 2007. We (my mother and 5 children living in the home) were... View More
answered on Jan 11, 2022
The argument would be that the deception (injury) was not discovered until more recently. This is called "tolling" of the statute of limitations because the injured party is unaware of the injury.
The problem will be finding legal representation to assist you with a complicated... View More
I live out of state from the properties I want to buy.
answered on Dec 23, 2021
Yes, you should consult with a real estate attorney in each state that you plan to purchase property in. You need to be aware of state and local law and contract requirements unique to each state. I recommend having a local real estate attorney assist you with your purchases.
My property would be held in an llc in the state its in and that llc held by another one in Wyoming.
answered on Dec 23, 2021
In Arizona your property manager can handle evictions of Arizona tenants. It is not required that the property owner be an Arizona resident.
I live in Arizona and want to buy property in iowa. I need to know what type of llc's to set up in each state for asset protection.
answered on Dec 23, 2021
I recommend that you speak with a real estate attorney in each state in which you plan to invest.
The owner changed management companies if that matters.
answered on Dec 22, 2021
This can be done if handled properly by the landlord or his management company. Your documents should be reviewed by an attorney. They may consist of an offer that is binding upon your acceptance. Or they may contain language that provides the proposal is not binding upon the landlord until... View More
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