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Arizona Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Arizona on
Q: Board told all the owners I have caused the HOA to pay $10,000 in attorney fees. It’s a lie

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... View More

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Real Estate Law for Arizona on
Q: Please read the following CCR's and tell me who is responsible for damages if a pipe breaks inside the walls of a condo

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... View More

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Bankruptcy and Real Estate Law for Arizona on
Q: Is it considered abandonment if I move out of my house while in the process of selling?

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... View More

Timothy Denison
Timothy Denison
answered on Jan 28, 2023

No. They cannot. Get all your payment records together.

1 Answer | Asked in Real Estate Law for Arizona on
Q: Paid off mortgage but mortgage company sent the deed clearance to the county recorders in both my name and ex husband.

never got answers so deleted it

Stephen M Vincent
Stephen M Vincent
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.

1 Answer | Asked in Real Estate Law, Bankruptcy, Civil Litigation and Collections for Arizona on
Q: When is it a good time to record a lis pendens on a property?

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... View More

Timothy Denison
Timothy Denison
answered on Jan 23, 2023

File it now.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Arizona on
Q: How do I claim my grandma's house without a will?

It's a complicated story. I've lived with my grandma since I was 10 days old, she claimed guardianship of me because her daughter was deemed unfit. My grandma passed in 12/2019 and I've still stayed here as I have nowhere else to go. I don't have friends and most of the family... View More

Anthony M. Avery
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answered on Jul 15, 2022

Hire a competent AZ lawyer to determine Heirship. If you are an Heir, then record an Affidavit of Heirship and file suit for Partition against the other owners.

1 Answer | Asked in Real Estate Law for Arizona on
Q: Is there an A.R.S 33-2283?
Anthony M. Avery
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answered on Jun 30, 2022

You probably have the wrong number for the Statute. Research the legal topic in AZ and you should find the Statute you are looking for. If critical, hire an AZ attorney.

2 Answers | Asked in Estate Planning and Real Estate Law for Arizona on
Q: I filed TOD deed, but now want to transfer the property into my trust. Does quitclaiming into the trust cancel the TOD?

I am in Arizona. I am the sole owner of the property. Do I need to file a deed revocation, revoking the beneficiary deed first, or will the quitclaim deed be sufficient to maintain chain of title?

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Mar 17, 2022

The proper way to do this is to record a revocation of the beneficiary deed and then record a deed from you to the trust. Quitclaim deeds are an invitation to potential disasters.

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1 Answer | Asked in Real Estate Law for Arizona on
Q: The Board of Directors in my homeowner's association has only Board members from the builder.

The builder has very little input from the community and does what it wants including making the personalizing of ornamentation in owners back yard extremely unfair. This is a 55+ community and no one has complained about that violation notices until now. The development is over over 11 years old... View More

Peter H. Westby
Peter H. Westby
answered on Mar 7, 2022

The answers to many of your questions should be in your Community's recorded Covenants, Conditions and Restrictions (CC&Rs). You should have been provided a copy by your title company when you purchased. If not, they can be obtained online from the County Recorder's office. The... View More

1 Answer | Asked in Consumer Law, Estate Planning, Foreclosure and Real Estate Law for Arizona on
Q: Law or protection for deceased's home loan assumption by a Joint Tenant owner not not already listed on the mortgage?

Father-in-Law helped his daughter by buying a trailer home for her. The trailer is in Arizona where he also lives (but not in the trailer with her). She has lived in the trailer since 2000 when her Dad purchased it.

Daughter was added to the deed as Joint Tenant (JTWROS) couple years... View More

Nina Whitehurst
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answered on Mar 2, 2022

You are wise to be thinking about this proactively. The federal law that prohibits lenders from calling the loan due when the borrower dies applies to traditional homes and also "residential manufactured homes", so the answer depends on whether the home is a "residential manufactured... View More

3 Answers | Asked in Real Estate Law for Arizona on
Q: I’m am a property owner, purchased in the last 6 months and hold deed. I have an individual residing on my property

I’m am a property owner, purchased in the last 6 months and hold deed. I have an individual residing on my property unlawful. I have no knowledge nor did I enter into any agreement with this individual to allow their occupancy of my property. Signs were posted and since removed. I’m inquiring... View More

Anthony M. Avery
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answered on Feb 16, 2022

Because he mentioned a deed, you may need to perform a title search. In any event you must hire an attorney to prosecute a possessory action or eviction now. Adverse Possession is a very real risk, and your Deed is possibly void for Champerty.

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1 Answer | Asked in Real Estate Law for Arizona on
Q: Can a mortgage servicer foreclose on my property because my ex refinanced after our divorce?

Divorced in 1991 the (false) quick claim deeds signed in 1996. Not by me.

Peter H. Westby
Peter H. Westby
answered on Feb 14, 2022

It is possible that a foreclosure could happen under the circumstances you mentioned. I recommend consulting a real estate attorney as soon as possible. Your lawyer will need to know all of the facts concerning this property before advising you as to your legal rights and best options. Since you... View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: My ex- is on title but not the mortgage, how can he cash me out using the equity, and put the mortgage in his name?

My ex-business partner/boyfriend pretty much bulldozed me into putting the title of my investment property into a joint LLC, which he later removed me from after not turning in the partnership agreement to AZCC, took the title further by putting it into a corporation, so now the loan is detached... View More

Peter H. Westby
Peter H. Westby
answered on Feb 3, 2022

I strongly recommend that you consult with a real estate attorney as soon as possible. This is not something that you should attempt to handle on your own in my opinion. From the facts you have disclosed it appears that your ex partner has already become the sole owner of this property. If this... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Arizona on
Q: Can I remove a neighbor's fence if a legal survey determines it is 2 feet onto my property?

We have tried to contact him but he does not answer our phone messages. It also appears that the property in is probate.

Anthony M. Avery
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answered on Jan 31, 2022

You probably can. But the survey is only the surveyor's expert opinion, he is not a judge. So you may get sued for trespass or property damages. You defend with your evidence of the boundary.

1 Answer | Asked in Real Estate Law and Civil Rights for Arizona on
Q: A friend of my dad's has been living in his house for more than 30 days. He passed recently and she won't move. Options?

My dad had agreed to let a friend of his stay with him short term. This turned into long term at around a year. She has been living rent free under my dads roof. About a month ago she became ill and was transported to a nursing facility where she remains presently. Around the same time my father... View More

Peter H. Westby
Peter H. Westby
answered on Jan 28, 2022

The first step is to contact a probate lawyer. The lawyer will determine if a probate is needed to administer your dad's estate. If so, he will assist you in obtaining the appointment of a personal representative. The personal representative will have the legal authority needed to evict... View More

1 Answer | Asked in Real Estate Law, Criminal Law and Civil Rights for Arizona on
Q: What extenuating circumstances are there to push the statute of limitations on conversion of property?

My mother has clinical depression and was advised to not sign any documents. My mother and father were never married and were separated. My mother living in the home alone fell victim to fraud on “refinancing” but lost her home, about 2007. We (my mother and 5 children living in the home) were... View More

Mike Branum
Mike Branum
answered on Jan 11, 2022

The argument would be that the deception (injury) was not discovered until more recently. This is called "tolling" of the statute of limitations because the injured party is unaware of the injury.

The problem will be finding legal representation to assist you with a complicated...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: Should I have a real estate lawyer for every state i want to buy a property in?

I live out of state from the properties I want to buy.

Peter H. Westby
Peter H. Westby
answered on Dec 23, 2021

Yes, you should consult with a real estate attorney in each state that you plan to purchase property in. You need to be aware of state and local law and contract requirements unique to each state. I recommend having a local real estate attorney assist you with your purchases.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Arizona on
Q: Can property management company be responsible for evictions with my llc being out of state?

My property would be held in an llc in the state its in and that llc held by another one in Wyoming.

Peter H. Westby
Peter H. Westby
answered on Dec 23, 2021

In Arizona your property manager can handle evictions of Arizona tenants. It is not required that the property owner be an Arizona resident.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: How do I form a llc for out of state investing so I have inside and outside protection?

I live in Arizona and want to buy property in iowa. I need to know what type of llc's to set up in each state for asset protection.

Peter H. Westby
Peter H. Westby
answered on Dec 23, 2021

I recommend that you speak with a real estate attorney in each state in which you plan to invest.

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Arizona on
Q: In Arizona can a leasing office give more than one renewal offer raising price each time. I did accept first offer.

The owner changed management companies if that matters.

Peter H. Westby
Peter H. Westby
answered on Dec 22, 2021

This can be done if handled properly by the landlord or his management company. Your documents should be reviewed by an attorney. They may consist of an offer that is binding upon your acceptance. Or they may contain language that provides the proposal is not binding upon the landlord until... View More

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