Get free answers to your Real Estate Law legal questions from lawyers in your area.
Is there a legal definition of "Master Association" in Arizona? or anywhere?
Our community does not have a Master Association.
answered on Jun 4, 2018
Many homes in Arizona are subject to more than one HOA. Often there is a Master Association governing a large area. If your home is subject to a Master Association, the commitment for title insurance you obtained when you purchased your home should reveal this and should let you know where the... View More 
Does his soon to be estranged wife have any rights to the property?
answered on May 31, 2018
Your son's wife may have a community lien interest in this home if the mortgage payments and home maintenance or improvements were made with community funds during the course of the marriage. This can be a complicated issue and should be discussed with your son's family law attorney.
My other aunt told me her lawyer will be sending me this waiver because she claims my aunt that passed didnt have a will (but I was there when she created it) and she told me my aunt took a reverse mortgage on the house and the bank was taking it... my aunts house had been paid off since the... View More
answered on May 17, 2018
I recommend that you consult with a probate lawyer and have him or her review any documents given to you before you sign anything. Your probate lawyer can investigate the claim of a reverse mortgage and can protect your interest in this estate.
answered on May 16, 2018
You may have the right to be reimbursed and/or you might have an equitable lien depending upon the facts of your case. You may have no rights whatsoever. I recommend that you speak with a real estate attorney concerning this matter. Once your lawyer knows all of the facts, he or she will be... View More
answered on May 12, 2018
You must keep your mortgage payments current to keep your home. If your father is on the deed, you should check to see how you took title so that title will pass to you upon your father's death without need for a probate. It is common to take title as joint tenants with right of... View More
Toxic mold, leaky pipes, and a list of repairs promised to be done but never have been done. Such as Garage door opener is not operational, dishwasher when draining leaks all over counter tops, storage area that was supposed to be cleaned out but never has. broken door knobs, leaky sink in upstairs... View More
answered on May 9, 2018
If this is a landlord -tenant issue, I would consult with a real estate attorney who specializes in landlord-tenant issues. If you are considering a claim for illness caused by the poor living conditions, I would speak with an attorney who specializes in toxic tort cases.
The husband killed himself ... bullet to the head. We don't know if it was on the property.
answered on May 1, 2018
Under ARS 32-2156 a suicide does not need to be disclosed. If this is important to you, ask. You may ask about anything you deem important and the seller should respond truthfully.
It was our intention to protect the house, it is my understanding I have to wait 6 months before applying to put my name on the deed. Do I have legal standing in acquiring the house and protecting it in the bankruptcy? The bankruptcy process was started and paid for, but my husband became too ill... View More
answered on May 1, 2018
Assuming that your husband had no children from a previous relationship you should be able to open an informal probate now and transfer the home to yourself. The six month period you mentioned applies when using a small estate affidavit to transfer title to your husband's home. There is no... View More
My mom and her x husband bought a house in 89 and then divorced about 10 years later. In their divorce the judge said for them to sell the house to split 50/50. Her x husband wasn't interested in the house he let it go into hawk and him and his new wife bought a house in another city. My mom... View More
answered on Apr 30, 2018
This is an issue involving a large sum of money. When dealing with something of this importance, you need to discuss with a real estate attorney. Your attorney will need to review the divorce decree and the deed to this home before he or she can answer your question.
I recently learned (I have proof) that on the day of the sale of my rental property (single family home), the new owner completed a new lease and forged my name. I have not had a true lease in effect since 05/31/2014.
answered on Apr 17, 2018
The first step is to have your original lease--the one you signed--reviewed by a real estate attorney. It may automatically renew by its terms. You may have the right to terminate. Once your attorney has reviewed the lease that you agreed to, he or she will be able to let you know your legal... View More
I believe that if indeed my father signed the deed, it was during a time in which he not of sound mind and able to do so; one month prior to his death. The quit claim deed was notarized, however when checking the books, my fathers signature was not there. There is a small mortgage left on the home... View More
answered on Apr 11, 2018
I recommend speaking with a probate attorney. It appears that you may need to open a probate for your father's estate and then, when a personal representative is appointed, the PR can address the issue of the wrongful quitclaim deed. A quiet title action may be needed. This will need to... View More
Wife is wanting to buy a home with a seller carry and husband says he'll sign a contract giving up interest in the purchase. Would that work and would it be a contract or a quitclaim deed and would that be recognized as legal during the final divorce? If they are legally separated, does that help?
answered on Apr 10, 2018
A quit claim deed will work but it is better to sign a disclaimer deed and sign and file a "Rule 69 Agreement" with the Court, stating that the spouse who is relinquishing ownership will have no liability whatsoever regarding the loan.
If you need further assistance, you should... View More
answered on Apr 9, 2018
You can set up your business as an LLC but, if you will be performing services for others that are traditionally performed by licensed agents in Arizona, you will need to employ a licensed person and perform services under his/her license.
The issue is that the tax rate is 1.5% and the rental company takes the other 1% as an admin fee. They don’t disclose a monthly admin fee in the lease or tell you that the chandler tax is only 1.5%. I think this is deceptive but they are doing this to hundreds of renters. I’m also not sure... View More
answered on Apr 9, 2018
If your landlord is overcharging for tax you might consider a complaint to the Arizona Department of Revenue, TPT, Division. This is something that the State of Arizona may investigate and pursue.
I am using a Living Trust to donate a property to a charity (instead of a will). Can I name someone that works for that same charity as successor trustee?
answered on Apr 2, 2018
You can do this, but it is not likely to be the best practice. I recommend seeking the advice of the charity in question. It will have instructions for you and may be able to refer you to an attorney who will assist you if you do not already have an attorney.
As I stated I had sold my property, however the buyer is constantly late on payments, even when I ask regarding the pay date, I keep getting told he had done so but it could be anywhere between two weeks plus before I receive anything. The buyer is already making a lot of changes before the... View More
answered on Mar 30, 2018
The answers to your questions should be in the contract you signed with the buyer. In general, if there is a material breech of a contract for sale of real property, a seller can foreclose judicially or use the forfeiture procedure authorized by ARS 33-741 et. seq. But a review of your contract... View More
and would i be able to sell the contact it self if needed?
answered on Mar 21, 2018
Under these circumstances people have used different types of contracts. A few options are:
1. A normal purchase contract with long closing period specified;
2. An option contract allowing you to purchase at any time within the option period; and
3. A lease with an option... View More
The morgage on it is expiring and I need to put the house in my name and refiance. I have lived here since 1960. all utilites are in my name I pay all the bills house payment and taxes and repaires. How can I put the house in my name.
answered on Mar 21, 2018
The answer to this question may be more complex than you were anticipating. I suggest that you contact a probate attorney near you to talk about your options. Among other things, the attorney will want to know if your father had a will that covered this house, how the house was titled, the value of... View More
The first three payments have not been made. The agreement states if any default should be made of any payment when due the whole sum etc etc. If I accept any payment will I hurt my ability to recover the property. What’s the avg time and cost to forclose on the property
answered on Mar 20, 2018
Normal practice is to not accept any payment that does not bring the note current including any late charges called for by the note. You should consider commencing a non-judicial foreclosure. I recommend contacting an attorney who specializes in trustee's sales to learn about this option. A... View More
Buyer of property is ready to close. Of course we can not close property. Buyer has threatened to sue us. Is this possible if we don't perform?
answered on Mar 12, 2018
It is possible that you might be sued. This is one remedy for a contract default. Review your contract for its provisions dealing with a seller default and buyer remedies. But a lawsuit is unlikely. Few buyers want to hire lawyers and file a lawsuit to try to purchase a home. It is common,... 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.
