Get free answers to your legal questions from lawyers in your area.
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More
answered on May 3, 2021
No. The Rules of Civil Appellate Procedure govern proceedings in the Court of Appeals.
Arizona
answered on Mar 9, 2021
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... View More
House is payed for
answered on Feb 7, 2021
Yes, this is possible. The home might need to be sold in order to administer the estate. I strongly recommend that you consult with a probate attorney to learn your legal rights and best options.
answered on Jan 24, 2021
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... View More
I found out that the husbands son has been paying the mortgage and taxes on the property. Am I entitled to anything?
answered on Dec 16, 2020
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... View More
answered on Dec 15, 2020
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.
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.