Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Arizona Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Arizona on
Q: My husband and I signed a Quit Claim Deed, can the person receiving it, change the name on Title?

When there is a mortgage, with our names on the Title? If so, is Lender required to notify us?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 12, 2025

It sounds like your deed conveyance was effective in changing the title to the property. But your mortgage/deed of trust probably has a due on sale clause. So foreclosure may be imminent, which will probably be a notice from the lender.

0 Answers | Asked in Real Estate Law for Arizona on
Q: Does a home owner need to notify a buyer of any remodeling of home? Specifically a low bearing wall that was taking out

While under contract our buyer backed out of the offer because there was no support beams in the kitchen attic, which is now a safety hazard

2 Answers | Asked in Real Estate Law for Arizona on
Q: Am I responsible for penalty fees from my AZ HOA if the Property Mgr. mails the penalty info to the wrong mail address?

Unbeknownst to me, the property management company for my HOA has been sending official HOA mail to an address at which I lived (rented) when I purchased the condo. I have lived in this condo continuously for 13 years and have used this condo address as my mailing address ever since the day that I... View More

Peter H. Westby
Peter H. Westby
answered on Feb 10, 2025

Based upon the information you disclosed, my opinion is that you owe the fines. In most cases, keeping. your address current is your responsibility. Check your CC&Rs and/or Rules and Regulations. These documents may speak to these issues.

View More Answers

0 Answers | Asked in Real Estate Law for Arizona on
Q: Are RV Cooperatives required to have a certain percentage of lots allocated to non-members to lease?

Our Cooperative was incorporated in 1984 in Yuma county (now La Paz county) and is a not-for-profit 55+ cooperative. We have no paid employees and the cooperative owns 100% of the real estate. Members are granted a 10 year auto renewing lease when they buy a membership. Somewhere in our past, we... View More

0 Answers | Asked in Civil Litigation, Real Estate Law and Small Claims for Arizona on
Q: I signed a contract for company to buy my house in the escrow they put TBD on the escrow agent how do I find out who

They're saying they're holding interest in the house and won't release it wanting $12,000 when they didn't even sell the house or by the house like they were supposed to how do I get them to lift the whole to have on the house

1 Answer | Asked in Real Estate Law for Arizona on
Q: My husband and I have a mortgage on a house we bought, my mother and father were co-signers on the mortgage.

My father passed away in 2023. My brothers got my mother to force us into signing a Quit Claim Deed. My questions are. 1. Can she Will the deed to them? 2. Will the Quit Claim Deed become nullified when she passes away?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2025

Hire an AZ attorney to search the title. But it sounds like you have already conveyed away your interest in the property. If Mother owns it at death, then she can make a devise in her Will.

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: When a person is sued can they have every last penny they have be taken from them ?
Peter H. Westby
Peter H. Westby
answered on Jan 28, 2025

No. Some assets are exempt in Arizona such as house equity up to $400,000.00, IRAs, 401Ks, 90% of wages, social security, unemployment benefits, welfare and other assets. Most exemptions are set forth in Arizona statutes ARS 33-1101 to ARS 33-1153.

0 Answers | Asked in Criminal Law, Real Estate Law, Civil Litigation and Federal Crimes for Arizona on
Q: Trustee for Wells Fargo also work for the company with my father's foreclosure research that th two different documents

My father was sick I planned on taking over his home with Wells Fargo also that was with the head FHA and faulty suspicious paperwork popped up

1 Answer | Asked in Real Estate Law for Arizona on
Q: I'm attempting to look up my property owner which is a LLC. There doesn't seem to be any consistent information.

Where can I find legit information for this LLC and if there isn't any what does that mean? It seems like there's sketchy stuff going on and I'm worried about my money going to this entity.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2024

You might check with secretary of state of whatever state the llc originated in. A good llc will not disclose much information. Check out llc's deed and any llc mortgage/deed of trust at Courthouse. They should have some signatures.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: 33-324 ARTLA..What does this mean in easier terms?
Peter H. Westby
Peter H. Westby
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.

1 Answer | Asked in Banking, Consumer Law, Foreclosure and Real Estate Law for Arizona on
Q: A person makes a Mortgage pymt, the financial institution accepts and confirms, then puts pymt back in bank acct refuses

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?

Peter H. Westby
Peter H. Westby
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

1 Answer | Asked in Real Estate Law for Arizona on
Q: If mom left me her home and the mortgage is in grandma's name can I be forced to sell?

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?

Peter H. Westby
Peter H. Westby
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

1 Answer | Asked in Real Estate Law and Tax Law for Arizona on
Q: Deceased person has a vehicle that’s in their name and two other peoples name. Is that part of the estate property.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 4, 2024

When a vehicle is registered in the name of a deceased person along with others, how the ownership is structured plays a crucial role. If the vehicle is held as joint owners with the right of survivorship, the ownership typically transfers directly to the surviving owners. In this case, the... View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: 1031 exchange vacant land for residential property.

im the seller in this 1031 exchange in arizona. now they got a warranty deed and i got nothing but a modified note stating new loan amount conditions and it states we GAVE said acre back to seller. no new deed for us has been recorded. only deeds the title company sold after we bartered traded said... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2024

Hire a competent AZ attorney to file suit for Specific Performance, Breach of Contract, etc.

1 Answer | Asked in Bankruptcy and Real Estate Law for Arizona on
Q: Would partial ownership of property in New York be an asset in a Arizona bankruptcy proceeding?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 23, 2024

If you file for bankruptcy in Arizona, you must list all of your assets, regardless of their location. This includes any partial ownership of property in New York. The bankruptcy court will review all of your assets to determine how they can be used to repay your debts.

Depending on the...
View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: I bought a house and put my ex girlfriends name on it. We broke up, how can I make her move so we can sell the house?

We never married.

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2024

An Arizona attorney could advise best, but your question remains open for over a week. You need to consult with a real estate attorney on this. They would have more insight into this type of matter than a general arbitration/mediation attorney (your chosen category). Not all questions here are... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Contracts for Arizona on
Q: I gave Jamison wells $40,000.00 for land . I moved here and now he wont parcel out the property for me. what do I do

I have signed receipts with witness signatures as well as text messages that he says I paid him for the property. I also have texts where he threatened my property so I got an injunction of harassment against him. As well as him threatening to kick me off of his property. without that parcel... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 1, 2024

Why did you not get a Deed? Now you will have to sue seller for specific performance, and you must have perfect proof that you paid the agreed consideration. But why did you get an injunction without suing for the land? Hire an AZ attorney.

1 Answer | Asked in Real Estate Law for Arizona on
Q: My Arizona HOA says I can't have a Presidential political sign up in my yard right now. I'm looking at ARS 33-1808 (C)

They seem to think that since Presidents aren't on the Primary ballot for July 30th, that I can't have a "presidential" political sign up. I read it as any political signs can be up 71 days before the primary, if the candidate is still in the running. What do you think?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2024

Under ARS 33-1808 (C), Arizona law permits homeowners to display political signs 71 days before a primary election. The key point is whether this law applies to signs for candidates not appearing on the primary ballot. Your HOA interprets the law to mean that only candidates on the primary ballot... View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: I have possession of the property of which I have had for the last 5 years and solely paid,i need to sell do i need

Permission from the co owner he has been in prison

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2024

All titled owners will need to convey. If the other does not agree, and he can convey from prison, then you might consider hiring an attorney to prosecute a Sale For Partition.

1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: Does title in AZ go back to original title after one person quik claim deeded his 50% to someone and they signed deed ba

My boyfriend and I own property in AZ Deed said 50% each with right to survivorship Boyfriend quik claim deeded his50% to someone and then that person was paid $8500 to sign back to my boyfriend! Now boyfriend dies and I want to sell! Is our title as it was when we purchased

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on May 7, 2024

I strongly suggest you order a title search and consult with an attorney because these transfers may have left you with only half of the property interest which means the other half belongs to your boyfriend's estate.

"Right of Survivorship" in Arizona only applies to married...
View 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.