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Arizona Real Estate Law Questions & Answers
1 Answer | Asked in Bankruptcy and Real Estate Law for Arizona on
Q: Is it considered abandonment if I move out of my house while in the process of selling?

My friend and I purchased a home together. We are co-owners. We are both on the title and mortgage. We're not married, but we were together for some time after buying the house. We're no longer friends, and are in the process of selling the house. I filed Ch.7 bankruptcy last year and the... Read more »

Timothy Denison
Timothy Denison
answered on Jan 28, 2023

No. They cannot. Get all your payment records together.

1 Answer | Asked in Real Estate Law for Arizona on
Q: Paid off mortgage but mortgage company sent the deed clearance to the county recorders in both my name and ex husband.

never got answers so deleted it

Stephen M Vincent
Stephen M Vincent
answered on Jan 24, 2023

I'm presuming the house was awarded to you in the Divorce Decree. If so, ask your ex-husband to sign a Quit Claim Deed to you to clear title. If he refuses, you can file to enforce the order.

1 Answer | Asked in Real Estate Law, Bankruptcy, Civil Litigation and Collections for Arizona on
Q: When is it a good time to record a lis pendens on a property?

I recently filed a complaint in Superior Court against 4 defendants due to a fraudulent transfer of a property. Is it proper to record a lis pendens just after filing the complaint or is it best to wait until you receive an answer? I ask because I don't want to be civilly liable by clouding... Read more »

Timothy Denison
Timothy Denison
answered on Jan 23, 2023

File it now.

1 Answer | Asked in Bankruptcy and Real Estate Law for Arizona on
Q: I filed Ch.7 bankruptcy. Can my co-owner legally come after me for not paying the mortgage?

I filed Ch.7 bankruptcy in June 2022. I was able to keep my house. I was told I'm not liable for the mortgage/loan, but the bank can foreclose if it's not paid. I share the home with a co-owner. I want to know if I don't pay any of the mortgage, can the co-owner legally come after me... Read more »

Timothy Denison
Timothy Denison
answered on Jan 18, 2023

No one can take any action while the automatic stay is in place. Your co-owner should have been listed in the bankruptcy as a potential creditor which would preclude him from coming after you for the money although he may be within his rights to ask that it be sold.

1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: From Glendale AZ. Quit Claim a home to a non-family member.

From Glendale AZ. My son passed, single, with no will, and no children but a live-in girlfriend. All his belongings, including the home, go to his father and me. He made a dying declaration that he wanted the house to go to his girlfriend. We would like to honor that wish. It is my... Read more »

John Michael Frick
John Michael Frick
answered on Dec 26, 2022

A quit claim deed passes title to property to the grantee of the deed. There is no “loan” required. Title passes subject to all existing liens, assessments, and encumbrances.

If your son is the borrower on a loan which is secured by a mortgage or deed of trust giving his creditor a...
Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: After a mortgage servicer sells an account, are they required to file a release with the county your home is in?

So the new mortgage servicer can file a deed of trust with the county? Because if I want to sell the home the title company will think the old servicer is who gets paid?

Anthony M. Avery
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Anthony M. Avery
answered on Dec 7, 2022

That would be an assignment not a release. The noteholder is the one to get paid and who gives a release when paid off, which may not be who is servicing the Deed of Trust. Hire an AZ attorney to represent you because you are about to make very serious mistakes.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Arizona on
Q: Im trying to take over my father's land it was sign over to him long ago I was wondering if I can get it

Im just trying to do what I can he past away in 2018 and my own family hasn't done a thing I'll pay almost anything

Ilene L McCauley
Ilene L McCauley
answered on Sep 12, 2022

Thank you for your question. It is important that you know that transferring real estate under circumstances like this can be very complicated. I recommend that you work in stages. The first thing your must do is find out if your father is still the legal owner of the property. Contact a real... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Arizona on
Q: AZ Beneficiary Deed… can I include a life estate and also specify that property must be held rights of survivorship
Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Aug 17, 2022

This sounds like you are attempting to use a beneficiary deed instead of a proper estate plan.

Beneficiary deeds are intended to be used for simple transfers of real property after a person's death. While what you are suggesting can be inserted in the deed, it is highly likely that...
Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for Arizona on
Q: Sister got quitclaim deed and mobile title transfer for dads places, specialist determined its forged do I have a case?

My dad had brain surgery, but my sister is claiming he signed a quitclaim deed for his house to her less than 2 months later but the signature doesn't match his. He has since passed away and we didn't find out until over a month later that she did this when we were about to move forward... Read more »

Peter H. Westby
Peter H. Westby
answered on Aug 1, 2022

From the information you provided it sounds like you may well have a case with merit. I recommend that you consult with an attorney who handles probate litigation matters. Your lawyer will need to know more of the facts and learn more about the handwriting specialist you hired before he or she... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Q: If the title insurance company decides to return the amount of money we paid for the property, do we get to keep it?

Hello, we purchased a piece of land with an easement through the neighboring community to access the property. Both the land and easement were listed as covered under the title insurance (standard ALTA policy), with the indemnity amount maximum the amount we paid for the land. The HOA has taken the... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jul 21, 2022

Hire an attorney to read your Title Insurance Policy. Usually you keep the money paid out for the claim, and keep whatever clouded title you had at the time of insurance issuance. But you probably have significant issues to deal with in the future with the real property, which will cost money... Read more »

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Arizona on
Q: How do I claim my grandma's house without a will?

It's a complicated story. I've lived with my grandma since I was 10 days old, she claimed guardianship of me because her daughter was deemed unfit. My grandma passed in 12/2019 and I've still stayed here as I have nowhere else to go. I don't have friends and most of the family... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jul 15, 2022

Hire a competent AZ lawyer to determine Heirship. If you are an Heir, then record an Affidavit of Heirship and file suit for Partition against the other owners.

1 Answer | Asked in Real Estate Law for Arizona on
Q: Is there an A.R.S 33-2283?
Anthony M. Avery
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Anthony M. Avery
answered on Jun 30, 2022

You probably have the wrong number for the Statute. Research the legal topic in AZ and you should find the Statute you are looking for. If critical, hire an AZ attorney.

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Arizona on
Q: We brought a Shea home in 2015 we had a flood from upstairs just recently and were told the pipes are brittle and need

To be replace. We were told Shea homes used cheat piping and was aware. We were told we have to repipe our entire home because of the piping material that was used. A few other homes in my area had the same thing happen. Do we have any legal course we can do to have Shea homes fix this issue? This... Read more »

Peter H. Westby
Peter H. Westby
answered on Jun 27, 2022

I recommend that you speak with a real estate attorney. From the information you provided, you may have recourse under Arizona's Dwelling Action law, ARS 12-1361, et.seq. The statute of limitations concerning such a claim can be up to 8 years from the substantial completion of the dwelling.

1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: My son died without a will. I am the heir. Can I quit claim the house to his partner after it is quit claimed to me.

My son's last wish (no will) was that his partner own the home they lived in. Being the heir (his mother), with him having with no children or wife, the home will be quit claimed to me. I wish to quit claim it to his partner asap. Can I do this or will she have to be approved through the... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 15, 2022

As with so many things, there are many issues to consider. Yes, once you are the owner you can quitclaim the property to anybody you want. You should talk to your CPA about whether this will trigger a gift tax for you. Most likely it will not, but that is an issue to pin down. And, yes, there... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: I purchased property in Arizona paid cash have the receipt but now she refuses to quit deed it.

I have the receipts as well as a quit deed copy that was emailed to me but not notarized. She now refuses to go to the county the county and put this land in my name what can I do

Sean Woods
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Sean Woods
answered on Apr 29, 2022

The details of this case are necessary to provide specific answers. However, generally, the chain of title should be recorded with the County's Recorder's Office.

In this situation - when the seller refuses to transfer title - you typically would file an action in the Superior...
Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Arizona on
Q: I filed TOD deed, but now want to transfer the property into my trust. Does quitclaiming into the trust cancel the TOD?

I am in Arizona. I am the sole owner of the property. Do I need to file a deed revocation, revoking the beneficiary deed first, or will the quitclaim deed be sufficient to maintain chain of title?

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Mar 17, 2022

The proper way to do this is to record a revocation of the beneficiary deed and then record a deed from you to the trust. Quitclaim deeds are an invitation to potential disasters.

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1 Answer | Asked in Real Estate Law for Arizona on
Q: The Board of Directors in my homeowner's association has only Board members from the builder.

The builder has very little input from the community and does what it wants including making the personalizing of ornamentation in owners back yard extremely unfair. This is a 55+ community and no one has complained about that violation notices until now. The development is over over 11 years old... Read more »

Peter H. Westby
Peter H. Westby
answered on Mar 7, 2022

The answers to many of your questions should be in your Community's recorded Covenants, Conditions and Restrictions (CC&Rs). You should have been provided a copy by your title company when you purchased. If not, they can be obtained online from the County Recorder's office. The... Read more »

1 Answer | Asked in Consumer Law, Estate Planning, Foreclosure and Real Estate Law for Arizona on
Q: Law or protection for deceased's home loan assumption by a Joint Tenant owner not not already listed on the mortgage?

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... Read more »

Nina Whitehurst
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Nina Whitehurst
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... Read more »

3 Answers | Asked in Real Estate Law for Arizona on
Q: I’m am a property owner, purchased in the last 6 months and hold deed. I have an individual residing on my property

I’m am a property owner, purchased in the last 6 months and hold deed. I have an individual residing on my property unlawful. I have no knowledge nor did I enter into any agreement with this individual to allow their occupancy of my property. Signs were posted and since removed. I’m inquiring... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 16, 2022

Because he mentioned a deed, you may need to perform a title search. In any event you must hire an attorney to prosecute a possessory action or eviction now. Adverse Possession is a very real risk, and your Deed is possibly void for Champerty.

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1 Answer | Asked in Real Estate Law for Arizona on
Q: Can a mortgage servicer foreclose on my property because my ex refinanced after our divorce?

Divorced in 1991 the (false) quick claim deeds signed in 1996. Not by me.

Peter H. Westby
Peter H. Westby
answered on Feb 14, 2022

It is possible that a foreclosure could happen under the circumstances you mentioned. I recommend consulting a real estate attorney as soon as possible. Your lawyer will need to know all of the facts concerning this property before advising you as to your legal rights and best options. Since you... Read more »

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