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Arizona Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Arizona on
Q: Own a property in Pima county that is going to foreclosure, because One of the owners has a lien on the property

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?

Diane L. Drain
Diane L. Drain 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.

2 Answers | Asked in Foreclosure for Arizona on
Q: A timeshare was foreclosure, what should i do?
Justin M. Gillman
Justin M. Gillman 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.... Read more »

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2 Answers | Asked in Foreclosure and Real Estate Law for Arizona on
Q: There is an auction coming up, I saw the owner just placed a "lis Pendens" to stall post auction.

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 really know if... Read more »

Peter H. Westby
Peter H. Westby 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... Read more »

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1 Answer | Asked in Foreclosure and Real Estate Law for Arizona on
Q: I am concerned that I am signing a lease agreement on a house that is going to go into foreclosure .

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... Read more »

Peter H. Westby
Peter H. Westby 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... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for Arizona on
Q: We were just handed trustee sale papers and they want to walk and take pictures of property and inside the house.

Do I have to let them ?

Diane L. Drain
Diane L. Drain 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.

1 Answer | Asked in Foreclosure for Arizona on
Q: If I hand the keys to the bank default on my home loans and walk away, can the banks come back and attach my other asset
Diane L. Drain
Diane L. Drain 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.

1 Answer | Asked in Foreclosure and Real Estate Law for Arizona on
Q: What is a deed in lieu of foreclosure?

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... Read more »

Diane L. Drain
Diane L. Drain 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.

1 Answer | Asked in Foreclosure for Arizona on
Q: What is the redemption time period for a foreclosed home sold in Arizona
Diane L. Drain
Diane L. Drain 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, the the... Read more »

1 Answer | Asked in Foreclosure for Arizona on
Q: What happens to the funds in a foreclosure ?

I was added to a property title long before it went into foreclosure and wonder what happened to the excess funds

Diane L. Drain
Diane L. Drain answered on Apr 9, 2018

Any excess sale funds are deposited with the Treasurer's Office and a complaint filed in the county where the property is located.

I hope this is helpful.

1 Answer | Asked in Foreclosure and Landlord - Tenant for Arizona on
Q: If the house I'm renting is about to be auctioned off to the public, do I have any legal standing to fight it?
Adam Studnicki
Adam Studnicki answered on Feb 21, 2016

More info is needed. Talk to a real estate or tenant's rights lawyer ASAP.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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1 Answer | Asked in Foreclosure for Arizona on
Q: My sister signed up with a company to help her out of foreclosure

My sister is facing foreclosure and signed up with a company to help her out of foreclosure by first saying they would fix her house and then they would split the profit. After they received all the bank information they said their wasn't enough equity to do the split arrangement so they would buy... Read more »

Adam Studnicki
Adam Studnicki answered on Feb 9, 2016

To advise about a written agreement, the document must first be reviewed.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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1 Answer | Asked in Foreclosure for Arizona on
Q: Tried to get a short sale on rental property in Cottonwood AZ.

Rental property was used for parents of our foster child. They destroyed the property and we asked CITI for a short sale. I further spent over $2,000 to make the property presentable. Realtor had an offer for $30,000. CITI denied and asked for $34,000. Buyer refused. CITI foreclosed and it... Read more »

Adam Studnicki
Adam Studnicki answered on Dec 19, 2015

Nor sure who you are looking to sue. You can talk to a real estate lawyer about your potential claims.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your...
Read more »

1 Answer | Asked in Foreclosure for Arizona on
Q: Can a bank doing a short sale take the life ins I just got for my husbands death?
Adam Studnicki
Adam Studnicki answered on Jul 19, 2015

It depends on a number of factors. Check with a local real estate or bankruptcy lawyer.

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