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Arizona Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: My tenant won't sign amendment to the lease on limiting overnight visitors. Lease is changing over to month-to-month.

She wants no limits to her boyfriend staying over. I live on the property and do want limits, but the original lease was less than specific about it. Can I legally say that since we couldn't come to an agreement on this, that I am giving her 60 days notice? Or should I just give notice with... View More

Peter H. Westby
Peter H. Westby
answered on Aug 15, 2018

If your tenant's lease is coming to an end and the two of you cannot agree to the terms of the new lease, you may give her the appropriate notice called for by your lease to let her know that her tenancy is terminating. You are not required to give her any reason for your decision. If her... View More

1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: My father died and has a reverse mortgage on his house. Am I obligated to clean out the house before the bank takes it?

My father was living in Tucson, AZ, and I live in New York. I don't want the house or anything in it.

Ryan K Hodges
Ryan K Hodges
answered on Aug 13, 2018

You are not obligated to clean out the house. The bank will be clean it out and dispose of the items as the deem appropriate.

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... View 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 Estate Planning, Probate and Real Estate Law for Arizona on
Q: Father/grandma joint owned an AZ property. They live in CO. Father died after neglecting it. How can I take possession?

An AZ property worth <40k was joint owned by my father and his disabled mother. He died last week. There is a tax lein from his negligence in paying property tax. My grandmother is in late stage Alzheimer's. I am the next of kin for both of them. There is no will from either of them. I... View More

Ryan K Hodges
Ryan K Hodges
answered on Aug 10, 2018

If you grandma is still alive, then she would be the owner. If both of them are now deceased, then you may need to open a probate to transfer the deed to the property to the heirs.

1 Answer | Asked in Real Estate Law for Arizona on
Q: my mother threatend me that she will sell our home i have resided in pay all bills and improvements if i dont give her $

she offered to invest in my condo in 2011 so i did not have to get a mortgage and pay rent. She considered it a early inheritance one inwhich i did not have to pay back. I gave her 32,000.00 as my investment for a 63,000. condo. the agreement was i take responsibility for upkeep and repair and... View More

Peter H. Westby
Peter H. Westby
answered on Aug 6, 2018

You should speak with a real estate attorney to learn your legal rights. Once your attorney knows all of the facts, including the history of your use and connection with this property since its purchase, he or she will be able to recommend options. A quiet title action may be of help. A... View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: Is an owner of a property where a Lis Pensens has been filed for delinquent prop taxes required to reimburse the plainti

After they have paid the taxes in-full?

Carol Lynn de Szendeffy
Carol Lynn de Szendeffy
answered on Aug 3, 2018

The owner may be required to reimburse the Plaintiff if he paid the tax lien after a foreclosure suit was filed and the owner (1) was served in the suit or (2) became an owner after the suit was filed but paid the tax lien after a Lis Pendens was recorded.

The Plaintiff in a lawsuit to...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: Brother excluded my interests in property on affidavit to claim title. How do I claim my interest back?

There are four children, including myself that property passed to by intestate succession. My brother convinced my other 2 siblings to assign their interest over to him and excluded my interests when filing. So right now property is in his name only.

Peter H. Westby
Peter H. Westby
answered on Jul 24, 2018

Assuming your brother will not voluntarily give you your interest in this property, you can take legal action to obtain your interest. One option might be to file a quiet title action to have the court determine your interest in this property. Since your brother apparently filed an affidavit... View More

1 Answer | Asked in Divorce and Real Estate Law for Arizona on
Q: My credit is not too good my wife's credit is better we are buying a new house . They want me to sign a disclaimer

What does that mean for me in the state of Arizona. In the event of a divorce does that leave me with no Realty real estate rights

Carol Lynn de Szendeffy
Carol Lynn de Szendeffy
answered on Jul 23, 2018

When a spouse signs a DISCLAIMER DEED that spouse is giving up any claim or right of ownership to the real estate (home) that is being purchased, i.e. any legal right to the real estate. In cases of divorce the disclaiming spouse may be able to share in any increase in the value of the real estate... View More

2 Answers | Asked in Real Estate Law for Arizona on
Q: Me and my wife are buying a house my credit is not too good the loan is in her name they want me to sign a disclaimer

What does this mean for me do I lose all my real estate rights of this property in the event of a divorce. I'm the one making most of the payment.

Peter H. Westby
Peter H. Westby
answered on Jul 19, 2018

A disclaimer deed is an important document. Use of a disclaimer deed is not unusual when only one spouse obtains the loan to purchase a home. However, in the event of a divorce, it is possible that your investment in this property could be lost. There is a way to prevent this from happening.... View More

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1 Answer | Asked in Probate and Real Estate Law for Arizona on
Q: How much is the fee for filing a Proof of Authority with the Arizona Probate Court for an out of state executor?
Carol Lynn de Szendeffy
Carol Lynn de Szendeffy
answered on Jul 10, 2018

The filing fee currently charged by the Probate Court in Maricopa County AZ to file a Proof of Authority is $279.00. Probate Court filing fees in other Arizona counties might be different but should be comparable. If an attorney was hired the attorney's fee would be in addition to the filing fee.

2 Answers | Asked in Real Estate Law for Arizona on
Q: My mother died without leaving her parcel to anyone in her will. My sister is the executor of her estate.

Can this be quitclaimed? We do not live in AZ.

Carol Lynn de Szendeffy
Carol Lynn de Szendeffy
answered on Jul 10, 2018

If your mother was not an Arizona resident, her executor, once appointed in her home state, may file a Proof of Authority with the Arizona Probate Court. Under Arizona law a Proof of Authority allows an out of state executor to exercise all powers of an Arizona personal representative (executor)... View More

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1 Answer | Asked in Bankruptcy, Divorce and Real Estate Law for Arizona on
Q: Is there a term for this and how long would this process take because I do not want to lose buyers.
Timothy Denison
Timothy Denison
answered on Jul 7, 2018

Make a motion for leave to sell the real estate and escrow the proceeds to pay the debts.

1 Answer | Asked in Bankruptcy and Real Estate Law for Arizona on
Q: Question about how to get husband to sign a cash offer for a unfinished house when we are in debt.

husband and I are getting divorce. My choice. And we are in a little of debt with credit cards, lians, real estate payments, etc. I am unable to pay my bills and rent and we have been late in 2 months mirtage for an unfinished home and land. He also own a business together that has went bankrupt... View More

Timothy Denison
Timothy Denison
answered on Jul 7, 2018

Yes. If he won’t sign, ask the divorce court to order it sold and pay off the debts as you wish.

1 Answer | Asked in Real Estate Law and Tax Law for Arizona on
Q: trailer park owner i bought my trlr frm hadnt paid the taxes for 5 years how to make him pay them before trlr seized?

Can I sue him? and how?

Peter H. Westby
Peter H. Westby
answered on Jun 25, 2018

You can file suit but, before you do, please check your purchase contract to see whose responsibility the back taxes were. Normally, they should be paid by the seller on or before the closing date of the sale but this liability could be shifted to you as part of your purchase price. If this was... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Arizona on
Q: Any requirement to update owner status prior to recording Beneficiary Deed?

Husband and Wife(Deceased) have home ownership as Community Property with Right of Survivorship. Husband would like to record a Beneficiary Deed. Is there any need to update records such as an affidavit with Wife's death certificate stating Husband and Wife(Deceased) granting ownership to... View More

Ryan K Hodges
Ryan K Hodges
answered on Jun 18, 2018

Recording an affidavit of death or the death certificate before recording the beneficiary deed is a good idea, but not required. You could record the beneficiary deed without doing this first, and it would still be valid.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: How to go about getting someone out your house

I was living with a friend of mine for two years he owns the house Im talking about he has no children or imedate family about a year of me residing there we discuss what will happen to the house if anything happens to him he said he would like to make a will up so I can get the house & pass it... View More

Peter H. Westby
Peter H. Westby
answered on Jun 17, 2018

The property owner will need to judicially evict this person. The Arizona Residential Landlord Tenant code describes this procedure. Filing can be done in Justice Court and the Court can usually help with forms. This is an unusual situation and I recommend that you seek the advice of a real... View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: Are home inspections required in Arizona? If so , is my realtor required to send an origin the inspection to the owners?
Brad Denton
Brad Denton
answered on Jun 16, 2018

There is no formal requirement under Arizona Law that a home inspection occurs. However, unless this is a cash transaction any bank is going to require one. Whether or not there has been a home inspection or not, you will be required to disclose any defects that you know about the property to the... View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: Do I owe commission?

We were in contract to build a new home.

The owner of the company (non-licensed) showed us the model, went over pricing, and assistant with everything else along the way.

At our last meeting with the design team we notice our balance was a lot higher than agreed upon due to... View More

Peter H. Westby
Peter H. Westby
answered on Jun 15, 2018

You might owe a commission. Builder contracts are often drafted to favor the builder. I recommend that you have a real estate lawyer review your contract and any other document signed by you. Your lawyer will be able to answer your questions and assist you in resolving this matter.

2 Answers | Asked in Real Estate Law for Arizona on
Q: How do I go about selling a piece of property with a life estate attached to it?

I have a buyer who is willing to accept the life estate that the 86 year old woman who lives there has.

Kai Michael Henderson
Kai Michael Henderson
answered on Jun 14, 2018

This will generally work the same as any other real estate transaction, with the exception that the sales contract and deeds will reflect the presence of a life estate. Without knowing too much concerning the details, you simply sell your "vested remainder" that it is understood you... View More

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2 Answers | Asked in Entertainment / Sports, Real Estate Law and Tax Law for Arizona on
Q: Can "Entertainment Inc." Purchase property? Multiple Properties?

If I own an entertainment corporation can I purchase property in my corporations name. I want to purchase 2 commercial properties. Both will be a storage/warehouse for equipment but in separate states because I provide entertainment services in different states and hate shipping equipment back... View More

Peter H. Westby
Peter H. Westby
answered on Jun 8, 2018

Provided your corporation's governing documents allow it, your corporation can purchase real estate. Check with a lawyer in each state where you plan to purchase property. You may need to register your corporation as a foreign corporation doing business in each state. Your local lawyer will know.

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