Q: I want to buy my moms house in Arizona so she doesn't loose it but I live in California how do I go about it.

A: This transfer can happen the same as any normal real estate sale. You and your Mom can prepare and sign a purchase contract. Then you can open an escrow with a local title company. The Title Company will handle the transaction and will record a deed from your Mom to you. If you will be paying your Mom anything for the home, the Title Company will handle the money. If you are obtaining new financing to facilitate this transaction, the Title Company will assist with recording the new deed of trust. This procedure has the advantage of enabling you to obtain a commitment for title insurance to see what liens might exist on Mom's home and you will obtain a policy of title insurance.

If Title Insurance is not of interest to you and you are not refinancing, Mom can simply transfer her home to you by a special warranty deed which can then be recorded. This second procedure is quickest and easiest but you assume more risk.

If Mom owes money on her home, there is probably a due on sale clause in the existing deed of trust securing the mortgage loan. Normally, you would obtain new financing to pay this loan off when you purchase. A transfer without payment, in full, of the existing financing will violate any due on sale clause. The lender will have the option of calling the loan all due and payable and can foreclose at the lender's option. Refinancing any existing indebtedness is highly recommended.

In order for this to work, Mom must be legally competent to make this transfer. If Mom has other children, all should be consulted since this transfer may diminish any inheritance that they would otherwise receive.

I strongly recommend that you speak with an Arizona real estate attorney before you have any documents drafted or signed by Mom. A CPA should also be consulted to advise both of you concerning any potential tax issues. Real Property is a high value asset and any mistake can be costly.