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.
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?
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 »
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 »
Yes, it is not uncommon to amortize a loan over 20 or 30 years but provide for a balloon payment after 3-10 years. This allows a buyer to purchase and, if needed, provides time to build equity and improve his or her credit so it may be possible to refinance conventionally when the balloon payment...Read more »
Plaintiff's claim might be time barred depending upon many factors including your contract. If dealing with an oral contract or open account the statute of limitations, ARS 12-543, is three years from the time the cause of action accrues. If you are working with a contract in writing, the...Read more »
Maybe. It depends upon how your mom and her husband held title to their home and what estate planning was done by them. Did they have Wills? A Trust? Was the home titled in their trust? Or in their personal names? If so, did they take title as tenants in common? Or as Joint Tenants with...Read more »
Yes, a co-owner can force a sale in Arizona by filing a partition action. The court will order that the property be sold and can decide how the net sales proceeds will be divided between the co-owners if needed.
I have had great tenants for 3 years renting my home. I am selling my house, and I would be interested in offering it to them (they have expressed interest previously). As agent fees usually run about 6%, I was wondering if I could write a retroactive contract wherein a portion (equal to that 6%)... Read more »
I do not recommend using any kind of retroactive contract. A normal residential real estate purchase contract should be used to document this transaction. But your intention is fine. There is no problem in reducing the purchase price of the home in any amount that you and your tenants agree...Read more »
I was the bosses daughters boss at another job. We ended up getting married but before we got married, the dad asked me to come work for him. I worked there for 16 yrs and ran the place for 10-12 yrs. Parents of wife said that I would always have job if we ever got divorced. Part of the business... Read more »
You may be entitled to a portion of any community interest in this business. But from the information you provided, it is not possible to tell. I strongly recommend that you discuss this with your divorce lawyer. Once your lawyer knows the facts, he or she will be able to let you know your legal...Read more »
Yes, you can start charging rent. But you will first need to terminate the current tenancy according to the terms of the Arizona Residential Landlord Tenant Code and any rental agreement or lease that may exist. Once the existing tenancy is terminated, you will be free to negotiate a new tenancy...Read more »
It might still be valid. This depends upon how the sale was structured and the agreements made with the buyer. I recommend that you discuss with an employment law attorney before you make any decisions.
He wants to sell & my other brother & I don't. He's trying to get a my 2 other half bro's on so he can take us to court & make us sell. My father just passed in Feb. & The others just want their cut & to move on. But the property was never in my dad's name.... Read more »
If your brother wants to sell and the other owners do not, your brother can often force a sale by filing a partition action in the Superior Court. The Court will appoint a special commissioner to sell the home and the Court will decide how the sale proceeds will be divided if the brothers cannot...Read more »
Arizona has statutes of limitation for recovery of real property that has been appropriated and used exclusively by another--such as your driveway. If action is not taken to recover such property, the user of the property can apply to the court to become its owner under the doctrine of adverse...Read more »
She can and did do this without your signature. It sounds like your car title was an "or" title. This type of title would allow either one of you to trade or sell the vehicle without the signature of the other. It is very unlikely that you will be able to get the car back from the...Read more »
There is a reverse mortgage and credit debts, as well as this year's property tax, probably totalling a little over $300,000. This area is being re-developed- a teardown was bought across the street and the new build sold for 1,150,000. Our lot is about 1/4 acre, to be sold as is. How do I... Read more »
If you believe that the equity value (fair market sales price less the amount of the mortgage loans) of Mom's home exceeds $100,000.00 then I would recommend filing an informal probate. If less than $100,000.00 a small estate affidavit could be used. A realtor with listings in your area can...Read more »
I have 3 siblings that do not want anything from estate. I have lived in the home for the last 6 years, and cannot afford to rent another home or apt. I would like to stay in the home and take over payments if possible. Would I be able to do just a small estate transfer, or informal probate?
This estate appears to be small enough that it could be administered by using the small estate affidavit process provided all estate heirs cooperate. However, under Arizona law, provision must still be made for debt. Since the estate is small, perhaps some of the debt might be forgiven by the...Read more »
This is a complicated issue and you have provided insufficient facts to determine what your best options may be. I recommend reviewing this matter with a probate attorney. Your probate attorney can learn all of the facts and let you know what can be done at this time.
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