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... Read 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... Read more »
She left 60,000 for me and my brother. She has a husband we cannot locate so the bank won’t release the money
answered on Jul 18, 2022
You will need to hire a New Mexico lawyer to assist you in administering your sister's estate. Ask your New Mexico lawyer if your sister's estate qualifies for expedited treatment as a small estate or if a probate will be needed.
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... Read 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.
answered on Mar 9, 2022
A commercial landlord can lock out a tenant without first obtaining a court order. This option is often specifically reserved in many commercial leases. It is also one of the remedies allowed by ARS 33-361.
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... Read 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... Read 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... Read more »
answered on Feb 16, 2022
This can be complicated. The easiest way to remove this individual is to ask the police to remove him as a trespasser. If this is not successful, you may need to file an eviction action or, depending upon what documents this person has, a quiet title lawsuit may be needed. It is possible that... Read more »
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... Read 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... Read 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... Read more »
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... Read 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... Read 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... Read more »
answered on Oct 16, 2021
I recommend that you consult with a probate attorney before taking any action. Since you have been ordered to post a bond, your appointment to serve as personal representative will not be made until the bond is posted. Any action attempted prior to your court appointment is unwise and will be... Read more »
My wife and I want to convert a property to a rental. We intend for an LLC to own the property, and our son will manage it. My son and wife will be members of the LLC but I will not. Is it possible to transfer the title of the property to such an LLC, effectively relinquishing my ownership stake?
answered on Aug 26, 2021
It is possible but it may not be advisable. I strongly recommend that you have your proposed transfer reviewed by a real estate attorney and your CPA before you take action. Your attorney will be able to let you know if such a transfer might violate the due on sale clause in your financing... Read more »
They asked to stay for a couple of days, they kicked dad out. Filed a Restraining order.
Can dad evict in Az?
He owns the trailer, rents the lot.
They are unwelcome guests
Using illegal substances
answered on Aug 25, 2021
Dad has two options. He can call the police and see if the police will remove them as trespassers. Or he can evict per the Arizona Residential Landlord and Tenant Act. If he must evict, I recommend that he consult with an attorney familiar with residential evictions.
answered on Jul 23, 2021
In Arizona the owner who wants to sell can force a sale by filing a Partition Action against the other owner. In a Partition Action the court will appoint a special commissioner to sell the home. The court will also decide how the net sales proceeds are to be divided if this becomes an issue.
Loan was in default December 2018. Car was totaled in a very bad accident, and had no insurance coverage at the time. Lender charged off debt as "due to natural disaster" according to my credit report. They didn't file until December 21, 2020. We weren't served until June 18, 2021.
answered on Jul 12, 2021
Yes, if the plaintiff prevails and a judgement is entered against you it is possible that your wages will be garnished. I recommend that you consult with an attorney immediately to review this matter and get assistance to defend or settle this claim.
Decree says I get the house once I'm financially able to refinance. Ex decided he wanted the house and I agreed he can have it. He tried refinancing but was having issues because of the decree. Is there a way to change the decree?
answered on May 29, 2021
Your Decree can be modified by stipulation provided both former spouses agree. I recommend that one of you hire a family law lawyer to assist with this modification.
No contract between parties. We are siblings. 20,000 mtg bal. My sister vowing to fight it and hold it up for years until the value is ate up with legal and court costs. She does not pay anything towards mtg or property upkeep or repairs or taxes or insurance. For 9 years. I am almost 60 and want... Read more »
answered on May 12, 2021
A partition action is a lawsuit and is commenced by filing a complaint, not a motion. A lawsuit can be contested and can be delayed. Reaching a negotiated settlement that is fair is a better option. I understand that you have tried this but, once a lawsuit is filed, you will have additional... Read more »
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