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I assumed my mothers mortgage acct with W F same bank as checking acct .3 times now they have refused payment making my regular payment triple and my mortgage acct default . What can I do?
answered on Nov 18, 2024
You have provided insufficient information for me to know exactly what is happening. But it sounds as though your mortgage may be in arrears due to unpaid fees or other charges. If the amount tendered is not precisely correct including any late fees or other charges, a lender will often reject it... View More 
Mold was making my family ill so we moved ourselves to a hotel in hopes the landlord would remedy it properly. That didn't happen and was made worse by exposing asbestos in dry walls. We found a new place but don't feel it necessary to give a 30 day or even 2 day heads up since they fully... View More
answered on Nov 18, 2024
You did what was right to move your family out of a hazardous situation. But you could have better protected yourselves legally. A 5-day notice to the landlord is required by ARS 33-1361 to terminate a lease where there is a health or safety danger. Since the lease was not terminated, you may... View More
My sister died recently with a lot of debt, including a trailer that may be condemned. Since becoming a PR in Arizona takes time, I want to know if I must wait to notify her creditors until it's official. My concern is that interest and late fees will increase her estate's debt.
answered on Nov 12, 2024
You may notify creditors of your sister's death now and ask them to close accounts, etc. But you will still need to publish a notice to creditors when the probate is opened. I recommend that you consult with a probate attorney before you take any action. From the information you provided,... View More
Tennant with rights of survivorship is what the deed states gma is co borrower for the mortgage she's wanting off the loan and I don't qualify is there anything I can do to prevent her from selling my home also am I subject to an inheritance tax?
answered on Nov 12, 2024
As I understand your question; you state that your mom and you owned a home as joint tenants with right of survivorship. You inherited the home from mom. Grandmother is obligated on the house mortgage and wants to be relieved of this responsibility. She wants to sell the home and have the... View More
My cousin passed and intended.tonpass along everything to me he stated this in a text. He was not able to complete a formal will prior to his passing.
answered on Sep 16, 2024
A text message is not a will in Arizona. In most cases in Arizona, a valid will must be signed by the decedent and witnessed. Or it must be wholly in the decedent's handwriting and signed by the decedent. Your text message appears to be an indication of the decedent's intent at the end... View More
answered on Sep 12, 2024
If you are a guardian and conservator you are working under court supervision. It is strongly recommended that you be represented by counsel and clear all action with your attorney in advance of proceeding. You have provided insufficient information to properly evaluate the course of action you... View More
I live in AZ and have received a Notice of taking of deposition and request for production from TN. Is this a subpoena? If this is, does it have to be domesticated and adhere to the 100 mile rule? I am a defendant in ongoing litigation over an Estate and have recently received a Show Cause Order... View More
answered on Mar 6, 2024
The Notice of Deposition and Request for production are not subpoenas. These are discovery requests. If you are a defendant in pending litigation, your failure to respond to discovery requests or your failure to appropriately respond to the Show Cause Order might jeopardize your legal position.... View More
I own a single family residence in Mesa and the community association is in financial crisis. After speaking to the management company, who advised me to sell quickly, I found out that we are looking at first a very large special assessment, and then even then still there's a strong... View More
answered on Jan 24, 2024
You and the other homeowners may have a case against the board of directors for their mismanagement and breach of duty. From the information you disclosed, this should be considered. The directors may have purchased a policy of errors and omissions insurance coverage. If so, a claim could be... View More
My husband and I purchased our home almost 2 years ago. We have recently found out that they did not disclose everything truthfully. They stated that all piping was replaced, we found out a few months ago that there is a cast iron pipe running from the guest bath almost through the entirety of the... View More
answered on Jan 12, 2024
It appears that you have a non-disclosure claim against your seller and, possibly, against your seller's agent. Both have a duty to disclose. I recommend that you have your home inspected carefully by a licensed contractor. If your seller failed to disclose the items you mentioned, the... View More
The loan when I first applied. They continued to allow me to refinance the loan and take more cash after I no longer had the vehicle. They never asked for updated vehicle information and I wasn’t able to update the information since it was an automated process. Can this information be used to... View More
answered on Nov 15, 2023
Based upon the information provided it is my opinion that your no longer having the vehicle at the time additional extensions of credit were made will not help you defend this action. If you got the money, you will need to repay it. The creditor's lawyer might use the fact that you no longer... View More
answered on Nov 18, 2024
This appears to refer to ARS 33-324 which provides that, when a tenant enters into possession under a lease, the tenant cannot, while in possession, deny the title of his landlord. I hope this helps.
The guardian has taken her hate for me to another level. She won guardianship due to my lack of representation and now she is deleting me from all paperwork and refuses to hear me out. what kind of a lawyer do I need to bring her back to reality without her spending all of my dads money on her... View More
answered on Oct 25, 2024
I recommend that you hire an experienced attorney who practices in the area of probate, guardianships and conservatorships. Some of these firms also offer litigation services. Others do not. You need a firm with lawyers capable of litigating these issues in the event a strong letter does not... View More
I am building a single family residence. Currently I have an engineer who took a deposit but is not performing, or responding. Small claims court the only choice? What about other contractors down the road? Maybe need a contract to cover myself.
answered on Oct 3, 2023
This is a complicated matter. There are many things you need to do to protect yourself. Using a good contract with the general contractor is a first step. If you are acting as the general contractor, having good contracts with the contractors you hire is important. As for the engineer you... View More
Am I entitled to any money from his company during our divorce?
answered on Oct 11, 2022
Assuming you and your husband had no valid prenuptial agreement that would dictate otherwise, you might be entitled to be compensated for an interest in this business. From the information you provided it appears that your husband's business started out as his sole and separate property.... View More
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
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... 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.
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... 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
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
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... View More
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