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Arizona Real Estate Law Questions & Answers
0 Answers | Asked in Foreclosure and Real Estate Law for Arizona on
Q: Facing foreclosure, bankruptcy dismissed due to wife losing job and me on disability, need help with lenders attorney.

House sits on 2 lots. We own one and the mortgage is on the other. Taxes on our lot up to date, 3 yrs back on other. I feel lenders atty is going to try to get us to let them take our lot. Also we owe back fed and state taxes so might be a lean. We need help navigating through this mess but wife is... View More

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
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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
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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
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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
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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...
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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
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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
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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

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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...
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1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Is it lawful for apartment to refuse payment if less than amount owed?
Tim Akpinar
Tim Akpinar
answered on May 1, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. You could try reposting and adding "Landlord/Tenant" as a category. Some questions here ultimately go unanswered, but the new heading could improve chances for a response. Good luck

1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: My girlfriend is getting an inheritance from her dads will.Family lawyer says we have to pay a oath & stamp duty fee

and a nortization fee equaling to a totall of 130k. Im more curious to make sure its not a scam. The inheritance money wise is over 7 million and 65 acres of land.

Anthony M. Avery
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answered on Apr 17, 2024

GF needs to hire an AZ attorney to check out the Probate Action. Then he needs to look into the distribution itself. Notary fees do not justify $130K ever. However it sounds like there are other fees involved, not just for a notary. Also the Deed will need to be drafted correctly to convey... View More

1 Answer | Asked in Social Security and Real Estate Law for Arizona on
Q: child has social security disability wondering if we can use back pay for closing cost on a family home
James L. Arrasmith
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answered on Apr 16, 2024

Yes, it is generally possible to use Social Security Disability Insurance (SSDI) back pay to cover closing costs when purchasing a family home. Here are a few key things to keep in mind:

1. Lump-sum back pay: When an individual is approved for SSDI, they often receive a lump-sum payment...
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2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arizona on
Q: Father passed away, his name forged on quitclaim, notary found to not be diligent and got commission revoked.

My sister forged our dads name on a quitclaim deed, I had filed a complaint on the notary which originally resulted in her favor but this week I got a letter from the secretary of the state saying they found multiple things she did wrong with the investigation and the fact that they don't... View More

Nina Whitehurst
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answered on Mar 21, 2024

You need a real estate litigation attorney to file a lawsuit against your sister to have the deed declared void due to forgery. Do not delay. But in the meantime, if you get a whiff of the house going under contract then contact the escrow company and pointedly inform them that there is reason to... View More

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1 Answer | Asked in Identity Theft and Real Estate Law for Arizona on
Q: I have a parcel of land, in which I was the owner, seller, and lender, they forged my signature and stolden my land.

All this was done while I was in the hospital with several major surgeries, without my permission or KNOWLEDGE

Anthony M. Avery
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answered on Mar 12, 2024

Hire an attorney now to search the title and draft an action for quiet title, reform deed, ejectment, etc. You cannot do this yourself and will lose the land.

1 Answer | Asked in Real Estate Law for Arizona on
Q: I have recently signed an agreement to sell m property and have now decided not sell due to unforseen circumstances,,,

can i as the seller opt out within 72 hours of signing and having told them i needed to do this is it possible to opt out?

even though my agreement states that the buyer has the option of opting out,,, but does not state that the seller has that same option?

Anthony M. Avery
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answered on Mar 5, 2024

Consult with an AZ attorney to read your contract and give you his estimation of the possibilities of suit for specific performance. If you were given earnest money, that might be forfeited only. Agent commissions are often the main liability.

1 Answer | Asked in Real Estate Law and Civil Litigation for Arizona on
Q: my wife is selling our house to her brother. She plans on taking all proceeds. I'll be left outside with bag and tears

my wife and I purchased the home in El Mirage, AZ on 4/2018. mortgage was put in her name because at the time, the mortgage banker said my credit was ' not quite ' where it needed to be. He said, you can refi in a few years, at that time you can be added.. " ...

my wife and I... View More

Anthony M. Avery
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answered on Feb 26, 2024

Hire an AZ attorney to file for divorce now, prior to the transfer which should be enjoined. Claim the house is marital property. Hopefully you have grounds.

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