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Questions Answered by Joseph Holland
1 Answer | Asked in Real Estate Law for Arizona on
Q: As the defendant in a Quiet Title action, do I need to ask for a stay if an unlawful detainer is in complaint
Joseph Holland
Joseph Holland answered on May 16, 2019

You would ask for a stay only when the status quo must be maintained to avoid immediate and irreparable harm AND you can show a strong likelihood of prevailing. I gather from your question that you are being sued with at least 2 counts: Count 1 is stating that you have refused to turn over... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: The deed to my house has an error on it, is it still legal?

I bought the marital house from my ex-husband, on the deed it states he is an unmarried man, but he was married at the time. No one caught the mistake and the deed was recorded. Is my deed legal and binding?

Joseph Holland
Joseph Holland answered on May 16, 2019

Yes. As I understand your question, your ex-husband 'sold' his interests in the property to you ancillary to the divorce proceedings. Even though when he signed it he was still married to you, it will not be a problem for purposes of getting title insurance/clear and marketable title. If we has... Read more »

2 Answers | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Arizona on
Q: My fiance and I are trying to assume her parents property in AZ. We live in WA and not sure how the process would work.

We dont want to go through an agent. Just wanna refinance their current mortgage to have our names on it.

Joseph Holland
Joseph Holland answered on May 16, 2019

If you are not willing to or able to qualify to purchase the property, there are two ways to accomplish what you describe. First, you can do what is called a Assumption--where you folks are let out of the payments and you are substituted in their place. Whether this is possible will depend upon... Read more »

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