I found out that the husbands son has been paying the mortgage and taxes on the property. Am I entitled to anything?
answered on Dec 16, 2020
The answer to your question depends on a number of factors including how the title to the home was written and whether your parents had wills or a trust and what those documents stated. We would be glad to assist if you can provide our office with more information. As a child of your parents you... View More 
answered on Dec 15, 2020
Yes, a co-owner can force a sale in Arizona by filing a partition action. The court will order that the property be sold and can decide how the net sales proceeds will be divided between the co-owners if needed.
Recently it was found the fence between 2 properties was placed by the developer many years ago in the wrong way, intruding several feet on one side along the fence. The owner of the missing land has always paid the property tax, according to the deed
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answered on Nov 16, 2020
What is your question? It appears adjoining landowners over the years acquiesced to the tangible and visible boundary line. This is generally the law in the United States. The Deed legal descriptions do not control over historical acquiescence to a physical boundary.
The Trustor was my Uncle, and he died in 2017. He and his ex-wife are co-trustees for the land trust, I believe his name is still on it because she couldn't get a death certificate (they divorced in 1987). The ex-wife wants to resign as co-trustee and walk away, leaving me the trust and... View More
answered on Oct 26, 2020
I am so sorry for your loss. This sounds like quite a difficult process.
I don't want to give you any advice, based upon what you wrote. Here is what I think you need to do:
1. Determine the value of the real estate, and whether or not the real estate is in the trust to... View More
I inherited a manufactured home from my father. The deed was transferred to me but not the mortgage. It has an unfavorable rate, 6.875%. The 30 year loan originated in 2006. I was told by the bank that because it was manufactured home I could not refinance. Loan balance to value is about 50%
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answered on Oct 12, 2020
That is not a law preventing your refinancing That is the Bank's policy. Make sure the Courthouse has a record of your title (Affidavit of Heirship, etc.) Then start looking for a new lender.
like loosening our stuff stealing my car pain and suffering
answered on Oct 11, 2020
An Arizona attorney could advise best, but your post remains open for three weeks. I'm sorry for your ordeal and stressful situation. Unfortunately, when it comes to property loss cases, pain and suffering does not generally enter the equation. That is a measure of damages that arises in... View More
I have had great tenants for 3 years renting my home. I am selling my house, and I would be interested in offering it to them (they have expressed interest previously). As agent fees usually run about 6%, I was wondering if I could write a retroactive contract wherein a portion (equal to that 6%)... View More
answered on Oct 8, 2020
I do not recommend using any kind of retroactive contract. A normal residential real estate purchase contract should be used to document this transaction. But your intention is fine. There is no problem in reducing the purchase price of the home in any amount that you and your tenants agree... View More
answered on Sep 14, 2020
Yes, you can start charging rent. But you will first need to terminate the current tenancy according to the terms of the Arizona Residential Landlord Tenant Code and any rental agreement or lease that may exist. Once the existing tenancy is terminated, you will be free to negotiate a new tenancy... View More
My sister is not cooperating with me at all. She claims all papers including his Will, and Death Certificates were destroyed in a mysterious house fire last year. My dad left some property and money behind and I believe my sister has been lying about everything.
answered on Aug 24, 2020
Good afternoon,
Since your Dad was a New Jersey resident you need a New Jersey lawyer to assist. Perhaps the lawyer could start with a letter to your sister. I recommend one of my law school classmates who is licensed in New Jersey, Micahel D. Carroll. Give him a call or send an email:... View More
He wants to sell & my other brother & I don't. He's trying to get a my 2 other half bro's on so he can take us to court & make us sell. My father just passed in Feb. & The others just want their cut & to move on. But the property was never in my dad's name.... View More
answered on Aug 9, 2020
If your brother wants to sell and the other owners do not, your brother can often force a sale by filing a partition action in the Superior Court. The Court will appoint a special commissioner to sell the home and the Court will decide how the sale proceeds will be divided if the brothers cannot... View More
Neighbor says my driveway is on his property. Current configuration has been established for 17 years. I have owned for 3 years. No mention of this until 7/28/20 .
answered on Aug 9, 2020
Arizona has statutes of limitation for recovery of real property that has been appropriated and used exclusively by another--such as your driveway. If action is not taken to recover such property, the user of the property can apply to the court to become its owner under the doctrine of adverse... View More
MY HOA refuse to pick up my mail, which includes my monthly dues. This has been going on for 4 months now. All mail was sent certified return receipt. There was an ADRE case on HOA refusing to pick up mail, and who is liable. I am awaiting response.
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answered on Jul 22, 2020
You should not be using certified mail unless the HOA Rules require it. The HOA has no obligation to be available all the times to sign a receipt to the mailman. Send all checks regular mail or hand deliver them, and when they cash them, you will have a bank record of some type. You knew you... View More
She believes the house is hers alone and that i was only there as long as she agreed to it.
answered on Jul 13, 2020
I am assuming that you and your ex did not have a domestic partnership agreement or other written agreement concerning the assets acquired during the course of your relationship. Absent such an agreement, and generally speaking, if your name is on the Deed to this home in addition to the mortgage,... View More
I want to sell and I reached out to a friend in real estate who wants to buy my house for cash tomorrow. The online real estate agencies such as Zillow rate my house between 3:55 and 4:10. This guy wants to flip the house so he's deducting all the things that he says he has to repair from the... View More
answered on Jul 6, 2020
Lots to analyze here from a business decision standpoint relative to determining value but it appears the broker/investor is looking to make money for the costs and effort related to addressing the deferred maintenance. So lots of factors to consider in seeing what is best option for you. The... View More
I was married in CA in 2009. Moved to AZ and bought a house with ex husband in 2010 with newborn. Filed for divorce myself with no lawyer in 2011 and it was granted 9/2012. The divorce decree and parenting plan is archaic and based on the naivety of a young me in my 20s who somehow thought I could... View More
answered on Jul 5, 2020
It would be necessary to review all of your current court orders and the Decree to adequately provide advice on your current issues. There appears to be grounds to review and request changes to your current Legal Decision Making and Parenting Time Orders. There has been at least 5 years since your... View More
process quit claim deed days after deceased passed away
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answered on Jul 2, 2020
Any of the Heirs At Law can file suit to set aside a Deed conveyance that resulted from an invalid POA transfer after death of the principal, was never delivered, or was a breach of fiduciary duty, amongst many causes of actions. But all Heirs must be included as parties, either plaintiffs or... View More
Is there something that needs to be recorded for this to happen?
answered on Jun 20, 2020
Your estate will be entitled to the payments until your executor directs otherwise.
I'm in a home rental which expires end of Jan2021. i was informed that the homeowners getting divorced, can i keep lease? Or can they terminate my lease? I have never missed a payment, i pay 2 weeks early and never had any complaints or issues. I want to stay... Do the homeowners have to honor... View More
answered on Jun 15, 2020
The homeowners' divorce does not impair your rights under the lease and is not, by itself, grounds for lease termination. So long as you pay your rent, you should be allowed to complete your lease term unless your lease contains provisions that would allow the owners to terminate early.
I'm filing a small claim against my previous apartment complex to get my unreturned security deposit.
The complex employed a new property management company AFTER I moved out.
Do I sue the property management company that was used when I signed the original lease or the new... View More
answered on Jun 11, 2020
Generally, in landlord/tenant cases, you sue the landlord (or property owner) - not the property management company or property manager. The property manager typically is not the property owner and merely the landlord's agent who at all times is acting on behalf of the landlord. If the... View More
I am supposed to be awarded attorney fees in my case that is still pending, but at a mediation setting on another matter, I was threatened with "they will sue you for breach if you do not vacate your judges ruling?"
answered on May 27, 2020
The exact context of your question isn't clear, but no it doesn't sound like it's blackmail.
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