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
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
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
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
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
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.
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.
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
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.
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
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
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
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
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
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
In writing , executed & approved in the same manner as this agreement”. They changed pricing several times without supplemental agreement. Wouldn’t updated pricing be invalid? Contract wasn’t voted on by HOA Board like original one because HOA Pres. said it auto renewed. But they changed... View More
This sounds like your speaking about your condominium bylaws or declaration. To know whether the pricing change is a violation of the original agreement or permissible, we'd need to know whether the pricing is: (a) a fixed number, or (b) a formula.
I filed Ch.7 bankruptcy in June 2022. I was able to keep my house. I was told I'm not liable for the mortgage/loan, but the bank can foreclose if it's not paid. I share the home with a co-owner. I want to know if I don't pay any of the mortgage, can the co-owner legally come after me... View More
No one can take any action while the automatic stay is in place. Your co-owner should have been listed in the bankruptcy as a potential creditor which would preclude him from coming after you for the money although he may be within his rights to ask that it be sold.
From Glendale AZ. My son passed, single, with no will, and no children but a live-in girlfriend. All his belongings, including the home, go to his father and me. He made a dying declaration that he wanted the house to go to his girlfriend. We would like to honor that wish. It is my... View More
That would be an assignment not a release. The noteholder is the one to get paid and who gives a release when paid off, which may not be who is servicing the Deed of Trust. Hire an AZ attorney to represent you because you are about to make very serious mistakes.
She payed $1,000 to have a notary present and legalize the quitclaim of his house, everything in it and a wishlist of his financial accounts to be used to support her. This was witnessed by my living brother and sister. When they asked what the signatures where for, she said they were just papers... View More
Among other considerations, your brother had to knowingly know what he was doing without undue influence. It sounds like there may be issues with this transfer. You may want to consult with an experienced probate litigation attorney.
I was told I'm gonna be evicted in two days because. Someone filed a false deed at the recorders office. for my properly. Do I have to get out?and just walk away from my home I have 2 kids and 7 animals I can't just leave my home I don't know what to do
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
I currently want to fight the entire tech industry because my rights to my privacy and my data and my sovereignty is being impeached every day and I have receipts and I'm ready to stand up in front of a judge and preach my case. I'd love to write it out to you.
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.