98 promissory note signed for two acres.
2001 mother sold one acre back to owner who financed us. $41000 both acres 2001 modification to promissory note states new loan amount 25000 also note states we returned one acre releasing it back. I never signed anything agreeing to this agreement... Read more »
answered on May 15, 2023
You are going to have to hire an AZ attorney that does real property litigation, not a title co. The Title needs to be searched, and if possible the original instruments need to be examined. Despite your disputes, the Notes and taxes must be kept current during litigation. Otherwise the... Read more »
Father passed in 2014. Mother passed in 2022.
answered on Apr 6, 2023
Assuming AZ house was owned JTWROS between parents, then when dad passed in 2014, the house effectively belonged solely to mother (even though nothing was recorded to reflect that). Then in 2022, the house became part of mother's probate estate. The Will giving the life estate probably governs... Read more »
In writing , executed & approved in the same manner as this agreement”. They changed pricing several times without supplemental agreement. Wouldn’t updated pricing be invalid? Contract wasn’t voted on by HOA Board like original one because HOA Pres. said it auto renewed. But they changed... Read more »
answered on Mar 13, 2023
This sounds like your speaking about your condominium bylaws or declaration. To know whether the pricing change is a violation of the original agreement or permissible, we'd need to know whether the pricing is: (a) a fixed number, or (b) a formula.
Typically, costs that would be... Read more »
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 »
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.
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 »
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 »
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?
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.
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
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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
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 »
no recorded easement and I pay taxes on the ten feet.
answered on May 22, 2023
That is a Boundary Line Dispute. You must hire an attorney to search both titles, get a surveyor witness and file suit or you will acquiesce to the new fence as your boundary. The taxes help but are not absolutely determinative.
My husband and I own three homes in Arizona as CPWROS. He has agreed that my share on two homes can go to my beneficiaries if I pre-decease him. I would file a beneficiary deed to accomplish this. I am sure the titles need to be changed from CPWROS. What is the best way to title the property so... Read more »
answered on Apr 24, 2023
Your question is not as straightforward as you would think. It will depend how the houses are acquired as well. I would recommend you work with an estate planning attorney to design a strategy to accomplish your goals. A beneficiary deed will not necessarily accomplish it.
We petitioned to remove Pres., Mang Agent & Pres. spent almost $3,000 for attorney to handle the meeting and said it’s because of me. I haven’t hired an attorney for anything to make them. What can I do to let owners know it’s not true? Owners are angry with me, we have less than... Read more »
answered on Mar 11, 2023
If the attorney invoices aren’t subject to a protective order or confidentiality agreement, send copies to all of the homeowners in the HOA so they know the truth.
HOA/CONDO or condo unit owner?
3.07 Maintenance By Owners. Each Owner shall furnish and be responsible for, at his own expense, all of the maintenance, repairs, and replacements within his own Condominium Unit. Such obligation shall include: . . . (c) the maintenance of, in an open and... Read more »
answered on Feb 7, 2023
If it is a pipe that provides water to an individual condo unit, the owner of that unit is responsible under that language.
I agree unobstructed would mean that the owner may not allow a pipe to remain clogged.
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 »
never got answers so deleted it
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.
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 »
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