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Decree says I get the house once I'm financially able to refinance. Ex decided he wanted the house and I agreed he can have it. He tried refinancing but was having issues because of the decree. Is there a way to change the decree?
answered on May 29, 2021
Your Decree can be modified by stipulation provided both former spouses agree. I recommend that one of you hire a family law lawyer to assist with this modification.
My sister and brother are executors of my mothers affairs. 9 years later my parents mtg servicing co sends statements to the estate of my parents both named both deceased. The deed is recorded with my name and the 2 executors. While 1 other brother and I are paying pymts taxes insurance and all... View More 
answered on May 16, 2021
If nothing was filed with the courts, then they are only named as Executors, they have no power as they are not court appointed. I presume you are living in the property, but you need to speak with an attorney sooner rather than later. They are taking advantage of you, not following proper... View More
No contract between parties. We are siblings. 20,000 mtg bal. My sister vowing to fight it and hold it up for years until the value is ate up with legal and court costs. She does not pay anything towards mtg or property upkeep or repairs or taxes or insurance. For 9 years. I am almost 60 and want... View More
answered on May 12, 2021
A partition action is a lawsuit and is commenced by filing a complaint, not a motion. A lawsuit can be contested and can be delayed. Reaching a negotiated settlement that is fair is a better option. I understand that you have tried this but, once a lawsuit is filed, you will have additional... View More
answered on Apr 30, 2021
He can be forced to do so through a partition action. Contact me and I will be happy to discuss further with you.
I have a copy of the will where he states who each property would go to. We also know he had life insurance and his business that was not distributed properly or at all for that matter. The homes he left to family in the will were in Forclosure due to the person not distributing everything the way... View More
answered on Mar 9, 2021
I am so sorry for your loss.
I apologize. I don't know if I understand you completely. If the estate is being held by Treasury, is it because there are back taxes which need to be paid?
To answer your other question. A copy of the Will won't be enough. The will must be... View More
Arizona
answered on Mar 9, 2021
Yes, it is not uncommon to amortize a loan over 20 or 30 years but provide for a balloon payment after 3-10 years. This allows a buyer to purchase and, if needed, provides time to build equity and improve his or her credit so it may be possible to refinance conventionally when the balloon payment... View More
if you are homeless and sitting on a curb in front of a fenced property where a sign is posted are you in violation of trespassing by just being near a sign or do you have to cross onto that property/pass the posted sign. Extendedly, if you are homeless and you are sitting on a curb/sidewalk... View More
answered on Feb 23, 2021
Theoretically the trespass would occur when a person or objects breaks the plane over the imaginary property line. If the sign is directly over this line, then a person or object would have to extend onto the property past the sign before the actual trespass could be said to have occurred. If there... View More
answered on Feb 5, 2021
An Arizona attorney could advise best, but your post remains open for two weeks. I'm sorry that happened to you. You could use the resources of this site (the Find-a-Lawyer tab above), you could run independent searches on your own, or you could look into whether the State Bar of Arizona has... View More
Iive been purchasing a home from the owner the last 7 years and the owner just died worried the owner sister pulled a bunch of trickery trying to get me out of house when owner was real sick in the hospital awhile back so i fear she will strike again
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answered on Jan 1, 2021
Hopefully you had a written contract with the decedent and you kept good records. If so, it should be a simple matter of presenting your claim to the probate court.
If you did not have a written agreement then your likelihood of success is greatly diminished but given what is at stake, it... View More
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
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