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She made no payments. He owned it prior.
answered on Jan 18, 2018
This situation is, unfortunately, not uncommon. If it is possible, the quickest way to accomplish this is to negotiate with the ex to purchase her interest. If this cannot be done for a reasonable cost, a partition action can be filed in the Superior Court to force the sale of the property. The... View More 
At what point will the corporation that owns the park, start limiting the rent increases? Do we have any renters rights in an age restricted park?
answered on Jan 17, 2018
In Arizona, park rent is a matter of contract. Rent is specified in your lease and the landlord must abide by the terms of the lease. There are usually no limits on rent increases but the landlord must comply with the Arizona Mobile Home Parks Residential Landlord and Tenant act in making rent... View More
After 7 months in the home we had an agent come out to inspect why it appeared to be failing. They said it was never installed and would require serious demolition to the house to actually be installed. Do I have recourse since part of my purchase of the home was paid towards a system that was... View More
answered on Jan 15, 2018
You may be entitled to a refund of the price you paid for the non-existent pest control system. How were you told that this system was installed? Was it included in your written documentation? Was it set forth as part of the purchase price? Was the price you paid for this item disclosed to you?... View More
the home has no mortgage, it is paid in full, one owner.
answered on Jan 13, 2018
I would need to know more of the facts before I could advise your daughter on this. But, in most cases, a free and clear home owned by your daughter cannot be taken without obtaining a court order. Your daughter is entitled to notice of any court proceeding so she can appear and defend.
I am facing an eviction and was wondering if the notice or court summons has to be delivered in person? Can they just be left at the door? Don't they have to show proof that the tenant actually received the notice or summons? Thanks.
answered on Jan 8, 2018
In Arizona it is a common practice to serve by posting the property or dropping the summons and complaint by the front door. If you believe that service was improper, you can contest on this basis. If the Judge agrees, he may require service to be made again. But this is unlikely to be of help... View More
answered on Jan 5, 2018
For Arizona real property you would go to the Superior Court (court of general jurisdiction) in the County in which the real property is located. You will need to file a quiet title action claiming that you have acquired title by adverse possession. It is recommended to purchase a litigation... View More
For a set amount after the year was up I was served an eviction notice .it was seen by a judge and ruled in my favor ..the I was hit with a restraining order and made to leave.. for the next ten days I was robbed of everything I owned..that case also ruled in my favor
.so I thought I would... View More
answered on Jan 5, 2018
Before I can let you know your legal rights and options I would need to know more of the facts and review any contracts or agreements you have as well as the complaint and final judgment in both court cases you mentioned. In addition, I would want to have a status of title search performed. At... View More
Turns out there are two parcel numbers for my home's property taxes and only one has been getting paid. The other hasn't been paid since 2015 (I purchased the house in August 2018) leaving a tax lien on the house. I contacted the title company which has been claiming to be working on a... View More
answered on Jan 3, 2018
You were right to make a claim against your title insurer. The title insurer will try to collect from the seller. The taxes are the seller's obligation. But the title company should bring the taxes current asap even if they cannot collect from the seller. I would continue to follow up and... View More
The judgement was for a certain amountcan the management come back and say i owe more than they was granted on the judgement.
answered on Dec 28, 2017
Yes, this can be possible. It depends upon what was litigated in the eviction action. In the eviction proceeding the landlord may have obtained a judgment only for possession, rent and legal fees. The landlord might still make a demand upon you for additional money if he has other claims, such as... View More
The buyer did final walk through and signed the documents! No mention was made of the original curtains. They now want the original curtains back.
answered on Dec 12, 2017
You can file a Chapter 13 Bankruptcy and not lose your home or your current loan. In many cases, Chapter 13 bankruptcies are filed for the purpose of saving a home from foreclosure. In order to protect your home, it is strongly recommended that you hire a bankruptcy attorney to assist you with... View More
She is now two months behind in payments. He hasn't lived there for about a year when he was forced to leave and, of course, the mortgage company is contacting him. Per a court order, he cannot have any contact with her. She was supposed to get this issue resolved, but hasn't. He knows... View More
answered on Dec 8, 2017
This house should be sold. If the ex girlfriend refuses to sell, your son can force a sale by filing a partition action. I recommend that he consult with a local real estate attorney to see how this can work for him. In the meantime, if possible, your son should make the payments on the home to... View More
My Father passed in 1982. His second wife passed 2001. Property was left to his three sons with second wife because my father didn't have a will when he passed but had verbally told all relatives that this specific property in Parker , AZ would be left specifically to me and my biological... View More
answered on Dec 6, 2017
My recommendation is to consult with a real estate attorney before you file any legal action. My concern is that, under the fact situation that you have described, a quiet title action may not be successful if your brother contests. A better option would be to file a partition action. Your real... View More
Then selling the home on a 3 year lease option to purchase with a tentent buyer. Subject 2
The existing mortgage FHA and or VA homes.
answered on Dec 4, 2017
What you are suggesting is a very aggressive investment strategy that is also very high risk. It cannot be recommended. Most existing mortgages have due on sale clauses. What you propose will violate the due on sale clause of the underlying mortgage. This means that the lender could call the... View More
I LIVE IN PINAL COUNTY IN ARIZONA AND I TOOK CARE OF MY MOM FOR 4 YEARS. I WAS HER POA AND GUARDIAN AND CONSERVATOR. MY MOM HAD A STROKE WHICH LEFT HER INCAPACITATED. SHE HAD NO WILL. SHE PASSED AWAY. SHE LEFT BEHIND A HOUSE. I HAVE TWO BROTHERS. ME AND ONE BROTHER IS IN AGREEMENT THAT THE... View More
answered on Dec 4, 2017
Assuming your mother was unmarried at the time of her death, Arizona law provides that her estate passes to her children in equal shares where there is no will. In order to pass title to the home to you and your siblings, you will need to probate your Mom's estate or, if the equity value of... View More
i am putting a time line together with my real estate broker and he is helping file complaints with all the correct authorities that he suggested but i think a lawyer might be the way to go i was lied too cheated and so much more what should i do from here
answered on Nov 29, 2017
Your real estate broker is correct. I recommend meeting with a real estate lawyer and have this matter reviewed. You may have a claim with merit. If so, your lawyer can assist you in bringing it.
answered on Nov 27, 2017
I would speak with your landlord or property manager to make arrangements in advance for a move out on December 1, 2017. By delaying your move out, you run the risk of the landlord charging you rent for the month of December. The landlord could bring a legal action against you to collect... View More
I was unaware of this loan. Doesn't the loaner have to do a title search before the sale?
answered on Nov 20, 2017
A foreclosure by a first lender is possible. This is an unusual situation. The first mortgage loan from 2008 should have been discovered by the title company that handled your purchase escrow. Normally it would have been paid off before you took title. At this point you have several options.... View More
I sold my house to a buyer. It had a free standing single car carport on the side of the house that did not belong to me. The owners of the carport removed the carport when I sold the house. The buyer has issued a Cure Notice to my realtor regarding the removal of the carport stating it was a... View More
answered on Nov 16, 2017
It is too late to issue a cure notice under your contract. However, this sounds like a disclosure issue. If you did not disclose to the buyer that the carport was not yours and would not convey, this can be a problem. I recommend review of your contract documents and seller's disclosure... View More
answered on Nov 14, 2017
Once an eviction proceeding commences by the filing and service of a complaint, time is short. You will have your court hearing within 10 days. If the court orders an eviction, you will have 5 days to vacate. If you are not out in 5 days, a writ of restitution will be issued and send to the... View More
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