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Arizona Real Estate Law Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Contract reads: “No variance or modification hereof shall be valid or enforceable accept by supplemental agreement…

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... View More

Jacob Rheaume
Jacob Rheaume
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...
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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... View 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... View 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...
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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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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 Real Estate Law and Tax Law for Arizona on
Q: Deceased person has a vehicle that’s in their name and two other peoples name. Is that part of the estate property.
James L. Arrasmith
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answered on Oct 4, 2024

When a vehicle is registered in the name of a deceased person along with others, how the ownership is structured plays a crucial role. If the vehicle is held as joint owners with the right of survivorship, the ownership typically transfers directly to the surviving owners. In this case, the... View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: 1031 exchange vacant land for residential property.

im the seller in this 1031 exchange in arizona. now they got a warranty deed and i got nothing but a modified note stating new loan amount conditions and it states we GAVE said acre back to seller. no new deed for us has been recorded. only deeds the title company sold after we bartered traded said... View More

Anthony M. Avery
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answered on Sep 1, 2024

Hire a competent AZ attorney to file suit for Specific Performance, Breach of Contract, etc.

1 Answer | Asked in Bankruptcy and Real Estate Law for Arizona on
Q: Would partial ownership of property in New York be an asset in a Arizona bankruptcy proceeding?
James L. Arrasmith
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answered on Aug 23, 2024

If you file for bankruptcy in Arizona, you must list all of your assets, regardless of their location. This includes any partial ownership of property in New York. The bankruptcy court will review all of your assets to determine how they can be used to repay your debts.

Depending on the...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: I bought a house and put my ex girlfriends name on it. We broke up, how can I make her move so we can sell the house?

We never married.

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2024

An Arizona attorney could advise best, but your question remains open for over a week. You need to consult with a real estate attorney on this. They would have more insight into this type of matter than a general arbitration/mediation attorney (your chosen category). Not all questions here are... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Contracts for Arizona on
Q: I gave Jamison wells $40,000.00 for land . I moved here and now he wont parcel out the property for me. what do I do

I have signed receipts with witness signatures as well as text messages that he says I paid him for the property. I also have texts where he threatened my property so I got an injunction of harassment against him. As well as him threatening to kick me off of his property. without that parcel... View More

Anthony M. Avery
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answered on Jul 1, 2024

Why did you not get a Deed? Now you will have to sue seller for specific performance, and you must have perfect proof that you paid the agreed consideration. But why did you get an injunction without suing for the land? Hire an AZ attorney.

1 Answer | Asked in Real Estate Law for Arizona on
Q: I have possession of the property of which I have had for the last 5 years and solely paid,i need to sell do i need

Permission from the co owner he has been in prison

Anthony M. Avery
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answered on May 7, 2024

All titled owners will need to convey. If the other does not agree, and he can convey from prison, then you might consider hiring an attorney to prosecute a Sale For Partition.

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Is it lawful for apartment to refuse payment if less than amount owed?
Tim Akpinar
Tim Akpinar
answered on May 1, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. You could try reposting and adding "Landlord/Tenant" as a category. Some questions here ultimately go unanswered, but the new heading could improve chances for a response. Good luck

1 Answer | Asked in Identity Theft and Real Estate Law for Arizona on
Q: I have a parcel of land, in which I was the owner, seller, and lender, they forged my signature and stolden my land.

All this was done while I was in the hospital with several major surgeries, without my permission or KNOWLEDGE

Anthony M. Avery
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answered on Mar 12, 2024

Hire an attorney now to search the title and draft an action for quiet title, reform deed, ejectment, etc. You cannot do this yourself and will lose the land.

1 Answer | Asked in Real Estate Law for Arizona on
Q: I have recently signed an agreement to sell m property and have now decided not sell due to unforseen circumstances,,,

can i as the seller opt out within 72 hours of signing and having told them i needed to do this is it possible to opt out?

even though my agreement states that the buyer has the option of opting out,,, but does not state that the seller has that same option?

Anthony M. Avery
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answered on Mar 5, 2024

Consult with an AZ attorney to read your contract and give you his estimation of the possibilities of suit for specific performance. If you were given earnest money, that might be forfeited only. Agent commissions are often the main liability.

1 Answer | Asked in Real Estate Law and Civil Litigation for Arizona on
Q: my wife is selling our house to her brother. She plans on taking all proceeds. I'll be left outside with bag and tears

my wife and I purchased the home in El Mirage, AZ on 4/2018. mortgage was put in her name because at the time, the mortgage banker said my credit was ' not quite ' where it needed to be. He said, you can refi in a few years, at that time you can be added.. " ...

my wife and I... View More

Anthony M. Avery
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answered on Feb 26, 2024

Hire an AZ attorney to file for divorce now, prior to the transfer which should be enjoined. Claim the house is marital property. Hopefully you have grounds.

1 Answer | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Arizona on
Q: My brother's girlfriend physically produced a quitclaim signature two days before his passing in a hospice facility.

She payed $1,000 to have a notary present and legalize the quitclaim of his house, everything in it and a wishlist of his financial accounts to be used to support her. This was witnessed by my living brother and sister. When they asked what the signatures where for, she said they were just papers... View More

Andre L. Pennington
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Andre L. Pennington
answered on Dec 17, 2023

Among other considerations, your brother had to knowingly know what he was doing without undue influence. It sounds like there may be issues with this transfer. You may want to consult with an experienced probate litigation attorney.

1 Answer | Asked in Real Estate Law and Identity Theft for Arizona on
Q: I'm being evicted after a false deed was recorded by someone I don't know.

I was told I'm gonna be evicted in two days because. Someone filed a false deed at the recorders office. for my properly. Do I have to get out?and just walk away from my home I have 2 kids and 7 animals I can't just leave my home I don't know what to do

Anthony M. Avery
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answered on Nov 27, 2023

Hire an AZ attorney immediately to search the title and file an Ejectment and Quiet Title Action. If the thief sues for possession, you must defend your title in Court.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Arizona on
Q: Quiet title.

My wife is one of four sisters on a family trust. We bought property from her parents through the trust. We paid on it for 5years. I started college in 2008. Her parents had us over for dinner and told us they didn't want us to make anymore payments while I was in college. Then 3years later... View More

Anthony M. Avery
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answered on Oct 11, 2023

Partition Sale is probably the only remedy here. Asking for contribution will most likely be denied.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Workers' Compensation for Arizona on
Q: I have some really insane thoughts right now due to to my only moderately maintained BP disorder. I would love to discus

I currently want to fight the entire tech industry because my rights to my privacy and my data and my sovereignty is being impeached every day and I have receipts and I'm ready to stand up in front of a judge and preach my case. I'd love to write it out to you.

Joel Friedman
Joel Friedman
answered on Oct 5, 2023

This question came into the workers' compensation category. It does not appear to related to a work injury and you should limit your inquiry to employment law.

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Arizona on
Q: file a small claims against Greystar LLC, they have a Phoenix office where I live, but headquarters is in SC

Also would you send the demand letter to SC or Phoenix office ?

Anthony M. Avery
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answered on Aug 15, 2023

You can send a demand letter to both offices. But if you file suit, you must serve the Registered Agent. Get more information about the LLC first.

1 Answer | Asked in Real Estate Law for Arizona on
Q: Where's property line on river property in Arizona?

My neighbor says his property line extends to the other side of the Verde river and I have no access to the island in the middle. Does he own what's in the middle of the river?

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answered on Jun 5, 2023

That is a Boundary Dispute. Hire a competent AZ attorney to search both titles, then research water boundary law in AZ. You may have to file suit to have the Boundary declared.

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