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They have never paid taxes for the home , my health is not that great can I give the house to my daughters , since they don't want anything to do with it , they want to sell after I die , i really dont think that's right, they have never helped me up keep it
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answered on May 27, 2020
You cannot adversely possess against Tenants In Common, which apparently all of you are. Any owner can demand a Partition Action to sell it and divide the proceeds. You can only give your 1/3 Interest to your Daughters, and then they become Tenants In Common with your Sisters. You might wish to... View More 
The land patent was obtained at the same time period as I revested title, "citizen" for "sovereign" when I discovered The United States of America became The United States of America INC. in 1878. DC became an entity and was used as collateral to UNK as collateral for money... View More
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answered on May 13, 2020
Assuming the land patent is in your chain of title, If you granted the land as security for the mortgage, then no the mortgage is superior to your personal claim of title as a citizen, etc. If there are two chains of title, then the one with an earlier Warranty Deed is probably superior due to... View More
I’m just looking for any further legal information that I could be aware of. So that he knows what’s in state for him and also for me of course.He has not paid the mortgage for about a year since he moved out he does not pay electric bills water bills or even any other home repairs that were... View More
answered on Apr 20, 2020
You and your friend remain partners in this home. He may continue to participate in any appreciation in value along with you. You can terminate the partnership by buying him out. You may need to refinance to do this. Or you can sell the home and divide the proceeds in a way fair to both of you.... View More
Was only 5m into 12m lease. Explained job loss (COVID). Landlord was understanding. Paid full rent ($1875) on the first, and was out on the 8th. Had also paid a full month of rent as security deposit and $500 in non-refundable cleaning fees. Was hoping landlord could get re-rented within the 7... View More
answered on Apr 14, 2020
I recommend that you consult with a real estate attorney if your landlord makes a claim against you for additional rent. Your landlord must mitigate its damages under Arizona law and the reasonableness of the landlords attempt to re-rent is a fact issue for the judge to decide should a claim be... View More
Our last complex is charging us for a few additional things then expected. Most notably new carpets with pet sealant when only one needed to be replaced as it became loose after water heater issues last year. And for resealing the bathtubs (2) when I had been told in roughly Dec 2017 that... View More
answered on Apr 13, 2020
You have the right to negotiate with your landlord to see if you can obtain a better result. If negotiation is unsuccessful you have the right to take the matter to court and ask a judge or hearing officer to decide the issue. But you need to be aware that, if you choose to go to court, it is... View More
I want to buy a piece of property in Arizona for $42K directly from the owners. The owners will finance the loan. They don't want to involve outside parties like real estate or title company.
I talked to a title company and they want about $3,500 to handle everything. I'd... View More
answered on Mar 4, 2020
It is legal to do as you suggest but I strongly recommend against handling a real estate transaction this way. You would be much better served and better protected to have a title company handle this matter so you will have a title insurance policy and know that you are getting clear title to the... View More
For back due taxes on his business. I want my half of the value of the property before it forecloses.
How do I put a lien on this?
answered on Feb 20, 2020
An owner cannot have a lien on their own property. If the lender was an entity of the owner, then the entity can have a lien. Talk to an experienced litigator, with real estate experience.
The are specific in the Will about sealing and distributing the items and monies? Due to having started with a blended family.
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answered on Feb 13, 2020
Wills do not get "filed" anywhere until after the testator/testatrix passes; until then they are private.
Planning for blended families can be complicated, especially if both spouses want to provide for the surviving spouse but still protect the inheritance of the children of... View More
A prescriptive easement exists and a new property owner fenced the easement. Can the new property owner legally fence off the easement? Three other access roads exist, however, none of them are in good condition and are longer. Can the new owner be forced to remove the fence? And do the other... View More
answered on Jan 13, 2020
This is not a question that can be easily answered here. The answer depends upon many facts that were not included in your fact summary, including but not limited to the history of the easement that has been fenced off. I strongly recommend that you have this matter reviewed by a real estate... View More
I am selling a residential rental property to the tenant. I have a contract with the old management company that requires I pay them 6% if selling within 180 days of the lease termination, even though I brought the tenant to them. I terminated the lease early and had a new lease signed. I also... View More
answered on Jan 7, 2020
I strongly recommend that you consult with a real estate attorney. Your question cannot be answered without reviewing the contracts and other materials you mentioned, including correspondence between you and the management company. You can be sure that the management company will interpret its... View More
Checking the county recorder's office, this was recently filed. The bank foreclosed, but it looks like she wants to live in the house awhile after the auction. How much trouble will a Lis Pendens be? It could be that she thinks no one will bid on her house with that move. I don't... View More
answered on Jan 2, 2020
A lis pendens is intended to give notice of litigation that is currently pending and concerns issues of title or ownership of the real property. It creates a unlawful cloud on title if used for any other purpose and can be removed by court order if necessary. Assuming the pending foreclosure was... View More
I will assume 1616 owed on mtg. Since I also had POA, and property was security to me coupled POA, can I just file as owner with contract. I fully performed.
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answered on Jan 2, 2020
It sounds like you paid for the property but never got a deed. Yes, the property would be part of her estate and you have a claim to receive it pursuant to contract. You should hire a probate attorney to help you pursue that claim.
Are attorney's in this state dealing with issues in other states?
answered on Dec 30, 2019
You will need to consult with an attorney licensed to practice in Arkansas concerning Arkansas real property matters. Real property law varies from state to state and an Arkansas real estate attorney should be hired to assist you.
I was told they have 72 hours after closing to back out
answered on Dec 7, 2019
Not in New York you can't, perhaps absent some overwhelming fraud perpetrated by the Seller.
When I bought my house (2017) the previous owners paid for one year of HOA. After that, I never received a bill or notice of a past due balance until this year. But the bill I received was only for 2 quarterly payments. I paid the past due one and planned on paying the second one but it slipped... View More
answered on Dec 2, 2019
A lien on a house means that when you sell your home, the amount of the lien has to be paid before a clean deed will be provided. It is best to contact an attorney in Arizona who can assist you with with Arizona law and the specifics of your case.
I wish you well.
-The Upshaw Law Firm.
I bought a HUD home in Tucson, AZ for my Aunt to use. She could not afford to live on her own. Since it was HUD, she had to be on the title with me as she is the full time resident and I use it as a vacation home. I have paid all money for the home and continue to pay the mortgage. If she uses... View More
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answered on Nov 22, 2019
Your question is missing important facts. Exactly how is the house titled? Tenants in common? If so, in what percentages? Or is the deed silent on that? Joint tenants with right of survivorship?
You do have a legitimate concern, plus other issues you may not have considered (such as... View More
I do not want to have his bills considered nor credit. I want it in my name alone.
answered on Nov 14, 2019
Under Arizona law every asset purchased during marriage is presumed to be community property. To protect your investment your husband should disclaim his interest. I recommend working with an Arizona family law lawyer to assist you with this transaction so that your goals can be accomplished and... View More
answered on Nov 4, 2019
Yes, if necessary you can file an action for the partition and sale of this real property. The court will appoint a special commissioner ( a real estate agent ) to market and sell the property and the court will decide how the sales proceeds are to be divided if this becomes an issue.
I was unaware that I need the HOA's consent to do so. I am in non compliance because my flag pole is not one of the specified colors in the HOA guide....Black-Bronze-or dark gray. My pole is brushed aluminum. My home is white and the colors required by the HOA do not permit the pole to... View More
answered on Nov 2, 2019
In most cases, you can appeal a non-compliance notice. Check your CC&R's for the procedure to do this. I recommend communicating promptly and attempting to work out a settlement. If this matter is not resolved, it is possible that you will be fined or sued by your HOA. Your CC&Rs... View More
His stepdad has Alzheimer's. He moved out and wants me to pay him rent. He sleeps here more than not. Can he evict me? In AZ
answered on Oct 30, 2019
If your BF has inherited the home and is the owner or if he is the court appointed personal representative of his late mother's estate, he can evict you.
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