Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Peter H. Westby
1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for Arizona on
Q: Sister got quitclaim deed and mobile title transfer for dads places, specialist determined its forged do I have a case?

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 »

Peter H. Westby
Peter H. Westby
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 »

1 Answer | Asked in Probate for Arizona on
Q: My sister lived and died in New Mexico. She left a will. Do I need probate lawyer from NM? I live in AZ

She left 60,000 for me and my brother. She has a husband we cannot locate so the bank won’t release the money

Peter H. Westby
Peter H. Westby
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.

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Arizona on
Q: We brought a Shea home in 2015 we had a flood from upstairs just recently and were told the pipes are brittle and need

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 »

Peter H. Westby
Peter H. Westby
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.

1 Answer | Asked in Business Law and Landlord - Tenant for Arizona on
Q: Can a land lord lock you out without getting a court order?
Peter H. Westby
Peter H. Westby
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.

1 Answer | Asked in Real Estate Law for Arizona on
Q: The Board of Directors in my homeowner's association has only Board members from the builder.

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 »

Peter H. Westby
Peter H. Westby
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 »

3 Answers | Asked in Real Estate Law for Arizona on
Q: I’m am a property owner, purchased in the last 6 months and hold deed. I have an individual residing on my property

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 »

Peter H. Westby
Peter H. Westby
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 »

View More Answers

1 Answer | Asked in Real Estate Law for Arizona on
Q: Can a mortgage servicer foreclose on my property because my ex refinanced after our divorce?

Divorced in 1991 the (false) quick claim deeds signed in 1996. Not by me.

Peter H. Westby
Peter H. Westby
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 »

1 Answer | Asked in Real Estate Law for Arizona on
Q: My ex- is on title but not the mortgage, how can he cash me out using the equity, and put the mortgage in his name?

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 »

Peter H. Westby
Peter H. Westby
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 »

1 Answer | Asked in Real Estate Law and Civil Rights for Arizona on
Q: A friend of my dad's has been living in his house for more than 30 days. He passed recently and she won't move. Options?

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 »

Peter H. Westby
Peter H. Westby
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 »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Should I have a real estate lawyer for every state i want to buy a property in?

I live out of state from the properties I want to buy.

Peter H. Westby
Peter H. Westby
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.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Arizona on
Q: Can property management company be responsible for evictions with my llc being out of state?

My property would be held in an llc in the state its in and that llc held by another one in Wyoming.

Peter H. Westby
Peter H. Westby
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.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: How do I form a llc for out of state investing so I have inside and outside protection?

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.

Peter H. Westby
Peter H. Westby
answered on Dec 23, 2021

I recommend that you speak with a real estate attorney in each state in which you plan to invest.

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Arizona on
Q: In Arizona can a leasing office give more than one renewal offer raising price each time. I did accept first offer.

The owner changed management companies if that matters.

Peter H. Westby
Peter H. Westby
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 »

1 Answer | Asked in Probate for Arizona on
Q: A bond ordered, I am having problems getting it. Can I start process , pay debts, ext., before get bond? Not sure I can
Peter H. Westby
Peter H. Westby
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 »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Can a married couple transfer a property to an LLC where only one spouse is a member of the business?

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?

Peter H. Westby
Peter H. Westby
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 »

1 Answer | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for Arizona on
Q: My nephew and girlfriend asked his dad died to stay for 2 days. They have taken over, & filed Restating Order! Can dad E

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

Peter H. Westby
Peter H. Westby
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.

1 Answer | Asked in Real Estate Law for Arizona on
Q: If two people own a home and one wants to sell and the other one doesn’t, what is the law?
Peter H. Westby
Peter H. Westby
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.

1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Arizona on
Q: I'm the defendant in a civil suit filed by a former auto finance company. If they prevail, could my wages be garnished?

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.

Peter H. Westby
Peter H. Westby
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.

2 Answers | Asked in Divorce and Real Estate Law for Arizona on
Q: Can a mortgage be refinanced against divorce decree agreement with both parties in agreement to do so?

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?

Peter H. Westby
Peter H. Westby
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.

View More Answers

1 Answer | Asked in Real Estate Law and Civil Litigation for Arizona on
Q: I am looking to file a partition motion. Can a partition motion be contested or delayed?

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 »

Peter H. Westby
Peter H. Westby
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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.