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Arizona Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure and Tax Law for Arizona on
Q: Can a tax lien foreclosure affect credit score? Tax liens aren’t reported but what about tax lien foreclosures?

I just found out I am a joint owner of a property that dates back to a previous marriage 30 years ago. Just was served with a lawsuit to take ownership of thr property via proprty tax lien. I have no interest in the property but don’t want to hurt my excellent credit. Not sure if I should... View More

James L. Arrasmith
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answered on Jun 25, 2024

This is an important question regarding tax lien foreclosures and their potential impact on credit scores. While I can provide some general information, please note that for specific legal advice about your situation, you should consult with a qualified attorney in Arizona who specializes in... View More

1 Answer | Asked in Foreclosure and Tax Law for Arizona on
Q: How does AZ/Santa Cruz County law deal with foreclosure of a property when tax liens are owned by multiple parties?

Let's say I purchase a tax lien on a property that has tax liens from 5 prior tax years owned by someone else. How does foreclosure work in this situation?

James L. Arrasmith
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answered on Jan 26, 2024

In Arizona, particularly Santa Cruz County, when there are multiple owners of tax liens on the same property, the foreclosure process works as follows:

1. The most recent tax lien takes priority. So in your case, you as the most recent tax lien purchaser would have the first priority...
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1 Answer | Asked in Foreclosure for Arizona on
Q: WHAT IS ACTION AND OBTAIN A COURT ORDER PURSUANT TO RULE 65 ? WHAT FORMS?

I RECEIVED A LETTER OF NOTICE OF TRUSTEE'S SALE AND HOUSE HAS ACTION DATE OF AUG 2 I NEED TO STOP THE ACTION FROM HAPPENING HOW DO I DO SO ? I

THE LETTER SAYS I CAN FILE AN ACTION AND OBTAIN A COURT ORDER PRUSUANT TO RULE 65 BTU ASKED TO COURT CLEARK AND SHE COULDNT TELL ME WHAT FORMS... View More

Diane L. Drain
Diane L. Drain
answered on Aug 3, 2023

This process is an attempt to put the foreclosure on hold. Normally this is not successful unless you can prove the lender or trustee did not follow the law. The better course is to contact the trustee and request a reinstatement (which would bring the loan current, plus costs). The next option... View More

1 Answer | Asked in Bankruptcy, Estate Planning and Foreclosure for Arizona on
Q: An irrevocable trust, property as an asset in that irrevocable trust, and collection of delinquent HOA fees in Arizona.

I and my wife are the beneficiary of an irrevocable trust (the settlor is deceased). After speaking with the trustee/attorney, we chose to not transfer the title out of the trust until my wife and I felt comfortable. In addition, my wife and I live in the home (and have since before the trust was... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 13, 2023

Have an experienced attorney in AZ examine your HOA covenants with a title examination of the residential property. Most probably, The Homeowner's Association enjoys written covenants in the real estate records that apply to each property and give it a right to impose the debt with priority... View More

1 Answer | Asked in Foreclosure and Tax Law for Arizona on
Q: As a new purchaser of land that was currently involved in tax lien foreclosure action, do I have the right to redeem?

I bought the parcel from the owner. The owner had tax lien certificates against the property older than 3 years, and the certificate holder had initiated foreclosure. After I recorded the transfer I notified plaintiffs attorney. The attorney had a motion for default filed and after being notified I... View More

James L. Arrasmith
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answered on Jul 18, 2024

As a new purchaser of the land, you do have the right to redeem the property. In Arizona, the plaintiff's attorney should have notified the court of your ownership change and provided you with the complaint, summons, and other necessary documents. Given that you recorded the deed and promptly... View More

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 Foreclosure for Arizona on
Q: Can a trustees sale be processed if a quit claim has been recorded months before breach of contract was filed.
Diane L. Drain
Diane L. Drain
answered on Jun 14, 2023

Under Arizona law - a trustee's sale can be processed by any lender for any material default under the deed of trust. It does not matter who owns the property.

I hope this helps.

1 Answer | Asked in Foreclosure for Arizona on
Q: Help needed regarding house we have occupied for 3 years, with deceased owner (no heirs) going into foreclosure.

4 years ago, owner passed away (no will/heirs). We made payment to lender until 3/2021 at which time, payment was refused (we now know, due to lender selling loan). Property is now in foreclosure and due to be auctioned 3/15/23. Property is worth $150,000. Loan is $20000.

Diane L. Drain
Diane L. Drain
answered on Jan 22, 2023

I don't see a question here. From your description, you do not own the house, the payments have not been made, and the lender is foreclosing. Which they have a right to.

1 Answer | Asked in Bankruptcy, Foreclosure, Civil Litigation and Collections for Arizona on
Q: Is there a different type of writ of garnishment required to garnish the account of the defendants sister?

I've received credible information that the defendant is hiding a large amount of money owed to me within her sister's bank account. Is there a different type of writ of garnishment required to garnish the bank account of the defendants sister? How do I get around the defendants name not... View More

Timothy Denison
Timothy Denison
answered on Nov 16, 2022

You cannot garnish the sisters account if you do not have a judgment against her.

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

1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for Arizona on
Q: I have a question about my grandparents estate that is currently being held by the Department of treasury.

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

Ilene L McCauley
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Ilene L McCauley
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...
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1 Answer | Asked in Foreclosure for Arizona on
Q: does foreclosure proceed if a have not recieved notice but it was fiiled?
Diane L. Drain
Diane L. Drain
answered on Feb 22, 2021

Perhaps, but this is a complicated question without any information (somewhat like sending your doctor an email asking about "that weird growth on your arm"). You obviously know about the foreclosure, or you would not be asking the question. I highly recommend you talk to an experienced... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Arizona on
Q: Does a land patent trump a mortgage holder's position? The patent is several years (12) older than the title conflict.

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

Anthony M. Avery
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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

1 Answer | Asked in Foreclosure for Arizona on
Q: Does Idaho have a hold on evictions
Diane L. Drain
Diane L. Drain
answered on Apr 3, 2020

You are posting this in Arizona. Try reposting so Idaho attorneys can see it.

1 Answer | Asked in Consumer Law, Contracts and Foreclosure for Arizona on
Q: is it legal for 2nd mortgage to foreclose, buy the house at auction, not payoff 1st mortgage but pay monthly payment?

8 years after my 2nd mortgage forclosed I found out the frst mortgage loan which was an fha, is still in my name. The loan is active and payments have been made by someone without my knowledge for 8 years. My name is listed on the contact information but the contact adddress and phone is that of... View More

Diane L. Drain
Diane L. Drain
answered on Mar 4, 2020

This happens all the time. The first loan has not been paid off, therefore there is still debt owing - by you. If this is Arizona property, under 2 1/2 acres, then lender can foreclose if the loan is not paid, but they cannot sue you. That is the good news. The bad news is that you still have a... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Arizona on
Q: Own a property in Pima county that is going to foreclosure, because One of the owners has a lien on the property

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?

Diane L. Drain
Diane L. Drain
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.

2 Answers | Asked in Foreclosure for Arizona on
Q: A timeshare was foreclosure, what should i do?
Justin M. Gillman
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Justin M. Gillman
answered on Jan 3, 2020

The information you provide is very limited but if you did not wish to retain the timeshare, allowing it to be taken via a foreclosure process is not a problem. The issue that may come up is whether the management company will seek to recover any past due amounts on any lien or for maintenance.... View More

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2 Answers | Asked in Foreclosure and Real Estate Law for Arizona on
Q: There is an auction coming up, I saw the owner just placed a "lis Pendens" to stall post auction.

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

Peter H. Westby
Peter H. Westby
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

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1 Answer | Asked in Foreclosure and Real Estate Law for Arizona on
Q: I am concerned that I am signing a lease agreement on a house that is going to go into foreclosure .

I’ve been offered a lease agreement at a very low rate considering the property. It does have cosmetic issues, and is in need of quite a few repairs, but overall in decent shape.

I’ve verified that the person that I am dealing with is in fact the owner of the home already, so I do not... View More

Peter H. Westby
Peter H. Westby
answered on Sep 11, 2019

You have rights under the Protecting Tenants at Foreclosure Act. In the event the house you are renting is foreclosed upon, you have a right to a minimum of 90 days notice before your lease can be terminated. And if the buyer is a business or other entity that has no plans to use the home as a... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Arizona on
Q: We were just handed trustee sale papers and they want to walk and take pictures of property and inside the house.

Do I have to let them ?

Diane L. Drain
Diane L. Drain
answered on Nov 8, 2018

No, you can deny anyone the right to access your property, unless they have a court order or your deed of trust provides the lender can.

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