Get free answers to your Real Estate Law legal questions from lawyers in your area.
They seem to think that since Presidents aren't on the Primary ballot for July 30th, that I can't have a "presidential" political sign up. I read it as any political signs can be up 71 days before the primary, if the candidate is still in the running. What do you think?
answered on Jun 10, 2024
Under ARS 33-1808 (C), Arizona law permits homeowners to display political signs 71 days before a primary election. The key point is whether this law applies to signs for candidates not appearing on the primary ballot. Your HOA interprets the law to mean that only candidates on the primary ballot... View More
My boyfriend and I own property in AZ Deed said 50% each with right to survivorship Boyfriend quik claim deeded his50% to someone and then that person was paid $8500 to sign back to my boyfriend! Now boyfriend dies and I want to sell! Is our title as it was when we purchased
answered on May 7, 2024
I strongly suggest you order a title search and consult with an attorney because these transfers may have left you with only half of the property interest which means the other half belongs to your boyfriend's estate.
"Right of Survivorship" in Arizona only applies to married... View More
and a nortization fee equaling to a totall of 130k. Im more curious to make sure its not a scam. The inheritance money wise is over 7 million and 65 acres of land.
answered on Apr 17, 2024
GF needs to hire an AZ attorney to check out the Probate Action. Then he needs to look into the distribution itself. Notary fees do not justify $130K ever. However it sounds like there are other fees involved, not just for a notary. Also the Deed will need to be drafted correctly to convey... View More
answered on Apr 16, 2024
Yes, it is generally possible to use Social Security Disability Insurance (SSDI) back pay to cover closing costs when purchasing a family home. Here are a few key things to keep in mind:
1. Lump-sum back pay: When an individual is approved for SSDI, they often receive a lump-sum payment... View More
My sister forged our dads name on a quitclaim deed, I had filed a complaint on the notary which originally resulted in her favor but this week I got a letter from the secretary of the state saying they found multiple things she did wrong with the investigation and the fact that they don't... View More
answered on Mar 21, 2024
I agree with attorney Whitehurst that you must act immediately to hire an attorney. While you may certainly consult with a real estate litigation attorney I would suggest that you consider a consultation with a probate attorney that handles probate litigation. While very similar since it affects... View More
My sister forged our dads name on a quitclaim deed, I had filed a complaint on the notary which originally resulted in her favor but this week I got a letter from the secretary of the state saying they found multiple things she did wrong with the investigation and the fact that they don't... View More
answered on Mar 21, 2024
You need a real estate litigation attorney to file a lawsuit against your sister to have the deed declared void due to forgery. Do not delay. But in the meantime, if you get a whiff of the house going under contract then contact the escrow company and pointedly inform them that there is reason to... View More
Would lawyers be required? If so, who pays the lawyer fees?
answered on Mar 5, 2024
An Arizona attorney should advise, as this could be covered under state-specific civil procedure rules. However, your question remains open for two weeks. The short answer is "yes" in most jurisdictions nationwide. Sometimes interest is capped by statute, but claimants can sue for it.... View More
Would lawyers be required? If so, who pays the lawyer fees?
answered on Mar 5, 2024
Addendum - I'm sorry, a minute ago I mean to write, "That doesn't NECESSARILY MEAN it's not possible... "
I inadvertently left out the words "necessarily mean." Good luck
I own a single family residence in Mesa and the community association is in financial crisis. After speaking to the management company, who advised me to sell quickly, I found out that we are looking at first a very large special assessment, and then even then still there's a strong... View More
answered on Jan 24, 2024
You and the other homeowners may have a case against the board of directors for their mismanagement and breach of duty. From the information you disclosed, this should be considered. The directors may have purchased a policy of errors and omissions insurance coverage. If so, a claim could be... View More
Assessments pay insurance premiums, so can they legally contact the insurer?
answered on Jan 21, 2024
Yes, as a homeowner in an HOA who pays the premiums for the Directors and Officers (D & O) insurance policies, you typically have the right to contact the insurance carrier. Since you are the payor of the premium, you have an insurable interest in the policy, and it's within your rights to... View More
My husband and I purchased our home almost 2 years ago. We have recently found out that they did not disclose everything truthfully. They stated that all piping was replaced, we found out a few months ago that there is a cast iron pipe running from the guest bath almost through the entirety of the... View More
answered on Jan 12, 2024
It appears that you have a non-disclosure claim against your seller and, possibly, against your seller's agent. Both have a duty to disclose. I recommend that you have your home inspected carefully by a licensed contractor. If your seller failed to disclose the items you mentioned, the... View More
I would like to know if the mechanics lien will be the right step to get paid for a job we have done(note: it was a 5ft firebreak clear of weeds, shrubs, tree)? Can someone please advise
answered on Dec 27, 2023
In Arizona, filing a mechanic's lien can be an effective way to secure payment for services rendered, especially in cases where your client, such as an HOA, is not fulfilling their payment obligations. However, it's important to understand the specific legal requirements and procedures... View More
I brought a house and tried to sell it later. An offer over asking price was made but once the inspection got done I learned the additions where not permitted and I had to bring the price down 25k. I was never told that the additions wasn't permitted by the seller or the person I had do my... View More
answered on Dec 8, 2023
In Arizona, if a seller fails to disclose unpermitted additions to a house, you may have legal recourse. This could include claims such as breach of contract, fraud, or misrepresentation, as sellers are obligated to disclose significant property issues.
Understanding key factors is... View More
I am building a single family residence. Currently I have an engineer who took a deposit but is not performing, or responding. Small claims court the only choice? What about other contractors down the road? Maybe need a contract to cover myself.
answered on Oct 3, 2023
This is a complicated matter. There are many things you need to do to protect yourself. Using a good contract with the general contractor is a first step. If you are acting as the general contractor, having good contracts with the contractors you hire is important. As for the engineer you... View More
We live in AZ. He lies a lot. We have a mortgage together. What can I do legally to find out and if it is, get him out of home and away from kids?
answered on Oct 2, 2023
You probably need to get it tested. Then once you find out it is meth, you need to ask him to submit to a drug test. If it's positive, you could use that as a reason to get temporary emergency custody (i.e., legal decision-making and parenting time) over the children.
If you're... View More
adverse possession is civil matter not criminal? i did an adverse possession and the owner came back after it being abandoned for 5 years and put criminal trespass charges he also filed false landlord tenant eviction paper but never served us so we had no notice to leave then sent the sheriff in... View More
answered on Sep 8, 2023
Adverse Possession is a civil transfer of land title. However it appears you were not there long enough to make a claim apparently without color of title. There may be a SOL that was busted when they sued you for possession. You will have to hire a AZ attorney to advise you and represent you.... View More
I have heard that you have additional rights to property protections (such as not having to pay property tax and your property, etc) if your loved ones are part of your property.
answered on Sep 14, 2023
In the United States, the laws regarding burying loved ones on private property vary by state and locality. While some areas may permit private family cemeteries on your property, there are usually regulations and requirements in place, such as size restrictions, permits, and record-keeping. These... View More
I have heard that you have additional rights to property protections (such as not having to pay property tax and your property, etc) if your loved ones are part of your property.
answered on Aug 25, 2023
In most states—possibly all—property used EXCLUSIVELY for the burial of human remains is exempt from taxation. There is also automatically a public access easement so anyone can visit the site.
98 promissory note signed for two acres.
2001 mother sold one acre back to owner who financed us. $41000 both acres 2001 modification to promissory note states new loan amount 25000 also note states we returned one acre releasing it back. I never signed anything agreeing to this agreement... View More
answered on May 15, 2023
You are going to have to hire an AZ attorney that does real property litigation, not a title co. The Title needs to be searched, and if possible the original instruments need to be examined. Despite your disputes, the Notes and taxes must be kept current during litigation. Otherwise the... View More
Father passed in 2014. Mother passed in 2022.
answered on Apr 6, 2023
Assuming AZ house was owned JTWROS between parents, then when dad passed in 2014, the house effectively belonged solely to mother (even though nothing was recorded to reflect that). Then in 2022, the house became part of mother's probate estate. The Will giving the life estate probably governs... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.