I RECEIVED A LETTER OF NOTICE OF TRUSTEE'S SALE AND HOUSE HAS ACTION DATE OF AUG 2 I NEED TO STOP THE ACTION FROM HAPPENING HOW DO I DO SO ? I
THE LETTER SAYS I CAN FILE AN ACTION AND OBTAIN A COURT ORDER PRUSUANT TO RULE 65 BTU ASKED TO COURT CLEARK AND SHE COULDNT TELL ME WHAT FORMS... View More 
answered on Aug 3, 2023
This process is an attempt to put the foreclosure on hold. Normally this is not successful unless you can prove the lender or trustee did not follow the law. The better course is to contact the trustee and request a reinstatement (which would bring the loan current, plus costs). The next option... View More
I and my wife are the beneficiary of an irrevocable trust (the settlor is deceased). After speaking with the trustee/attorney, we chose to not transfer the title out of the trust until my wife and I felt comfortable. In addition, my wife and I live in the home (and have since before the trust was... View More
answered on Jul 13, 2023
Have an experienced attorney in AZ examine your HOA covenants with a title examination of the residential property. Most probably, The Homeowner's Association enjoys written covenants in the real estate records that apply to each property and give it a right to impose the debt with priority... View More
My wife is one of four sisters on a family trust. We bought property from her parents through the trust. We paid on it for 5years. I started college in 2008. Her parents had us over for dinner and told us they didn't want us to make anymore payments while I was in college. Then 3years later... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2023
Partition Sale is probably the only remedy here. Asking for contribution will most likely be denied.
answered on Jun 14, 2023
Under Arizona law - a trustee's sale can be processed by any lender for any material default under the deed of trust. It does not matter who owns the property.
I hope this helps.
4 years ago, owner passed away (no will/heirs). We made payment to lender until 3/2021 at which time, payment was refused (we now know, due to lender selling loan). Property is now in foreclosure and due to be auctioned 3/15/23. Property is worth $150,000. Loan is $20000.
answered on Jan 22, 2023
I don't see a question here. From your description, you do not own the house, the payments have not been made, and the lender is foreclosing. Which they have a right to.
I've received credible information that the defendant is hiding a large amount of money owed to me within her sister's bank account. Is there a different type of writ of garnishment required to garnish the bank account of the defendants sister? How do I get around the defendants name not... View More
answered on Nov 16, 2022
You cannot garnish the sisters account if you do not have a judgment against her.
Father-in-Law helped his daughter by buying a trailer home for her. The trailer is in Arizona where he also lives (but not in the trailer with her). She has lived in the trailer since 2000 when her Dad purchased it.
Daughter was added to the deed as Joint Tenant (JTWROS) couple years... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2022
You are wise to be thinking about this proactively. The federal law that prohibits lenders from calling the loan due when the borrower dies applies to traditional homes and also "residential manufactured homes", so the answer depends on whether the home is a "residential manufactured... View More
I have a copy of the will where he states who each property would go to. We also know he had life insurance and his business that was not distributed properly or at all for that matter. The homes he left to family in the will were in Forclosure due to the person not distributing everything the way... View More
answered on Mar 9, 2021
I am so sorry for your loss.
I apologize. I don't know if I understand you completely. If the estate is being held by Treasury, is it because there are back taxes which need to be paid?
To answer your other question. A copy of the Will won't be enough. The will must be... View More
answered on Feb 22, 2021
Perhaps, but this is a complicated question without any information (somewhat like sending your doctor an email asking about "that weird growth on your arm"). You obviously know about the foreclosure, or you would not be asking the question. I highly recommend you talk to an experienced... View More
The land patent was obtained at the same time period as I revested title, "citizen" for "sovereign" when I discovered The United States of America became The United States of America INC. in 1878. DC became an entity and was used as collateral to UNK as collateral for money... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 13, 2020
Assuming the land patent is in your chain of title, If you granted the land as security for the mortgage, then no the mortgage is superior to your personal claim of title as a citizen, etc. If there are two chains of title, then the one with an earlier Warranty Deed is probably superior due to... View More
answered on Apr 3, 2020
You are posting this in Arizona. Try reposting so Idaho attorneys can see it.
8 years after my 2nd mortgage forclosed I found out the frst mortgage loan which was an fha, is still in my name. The loan is active and payments have been made by someone without my knowledge for 8 years. My name is listed on the contact information but the contact adddress and phone is that of... View More
answered on Mar 4, 2020
This happens all the time. The first loan has not been paid off, therefore there is still debt owing - by you. If this is Arizona property, under 2 1/2 acres, then lender can foreclose if the loan is not paid, but they cannot sue you. That is the good news. The bad news is that you still have a... View More
For back due taxes on his business. I want my half of the value of the property before it forecloses.
How do I put a lien on this?
answered on Feb 20, 2020
An owner cannot have a lien on their own property. If the lender was an entity of the owner, then the entity can have a lien. Talk to an experienced litigator, with real estate experience.
answered on Jan 3, 2020
The information you provide is very limited but if you did not wish to retain the timeshare, allowing it to be taken via a foreclosure process is not a problem. The issue that may come up is whether the management company will seek to recover any past due amounts on any lien or for maintenance.... View More
Checking the county recorder's office, this was recently filed. The bank foreclosed, but it looks like she wants to live in the house awhile after the auction. How much trouble will a Lis Pendens be? It could be that she thinks no one will bid on her house with that move. I don't... View More
answered on Jan 2, 2020
A lis pendens is intended to give notice of litigation that is currently pending and concerns issues of title or ownership of the real property. It creates a unlawful cloud on title if used for any other purpose and can be removed by court order if necessary. Assuming the pending foreclosure was... View More
I’ve been offered a lease agreement at a very low rate considering the property. It does have cosmetic issues, and is in need of quite a few repairs, but overall in decent shape.
I’ve verified that the person that I am dealing with is in fact the owner of the home already, so I do not... View More
answered on Sep 11, 2019
You have rights under the Protecting Tenants at Foreclosure Act. In the event the house you are renting is foreclosed upon, you have a right to a minimum of 90 days notice before your lease can be terminated. And if the buyer is a business or other entity that has no plans to use the home as a... View More
Do I have to let them ?
answered on Nov 8, 2018
No, you can deny anyone the right to access your property, unless they have a court order or your deed of trust provides the lender can.
answered on Oct 2, 2018
Since you asked about home loans - plural, then the answer is "maybe". It depends on the type of loan, the use of your property and why it was purchased.
I am buying land and if late 41 days a deed in lieu of foreclosure id filed - does the property /land go back to the owner/seller and the slate is clean or does the owner still sue for the remaining unpaid loan balance on a owner carry loan
or do we just walk and the owner takes current... View More
answered on Aug 11, 2018
Here is an article that should answer your questions: https://dianedrain.com/real-estate-articles-links/deed-lieu-foreclosure/
My best.
answered on Jun 16, 2018
First, you want to make sure you are asking the correct question. In Arizona typically a home is sold via a trustee's sale, not a foreclosure. In that case there is no redemption period, but there is a reinstatement period. If the house is sold by a sheriff, after a judicial foreclosure,... 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 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.
