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Arizona Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Arizona on
Q: Precedent winning Phoenix and Scottsdale, AZ cases against adverse possession claims

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

Anthony M. Avery
Anthony M. Avery 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.

2 Answers | Asked in Estate Planning, Real Estate Law and Native American Law for Arizona on
Q: Co-trustee and current beneficiary wants to resign and make me Trustee of Land trust - I'm successor and 2nd beneficiary

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... Read more »

Ilene L McCauley
Ilene L McCauley 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...
Read more »

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1 Answer | Asked in Real Estate Law for Arizona on
Q: Can I refinance the mortgage of my deceased Father?

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%

Anthony M. Avery
Anthony M. Avery 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.

1 Answer | Asked in Civil Rights, Real Estate Law, Small Claims and Landlord - Tenant for Arizona on
Q: Had a house fire what c an I do

like loosening our stuff stealing my car pain and suffering

Tim Akpinar
Tim Akpinar 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... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Is it legal to create a retroactive contract for a rent-to-purchase agreement in Arizona?

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%)... Read more »

Peter H. Westby
Peter H. Westby 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... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: I have been letting my wifes nephew live in my Mobile home rent free. I want to start charging rent. Can I?
Peter H. Westby
Peter H. Westby 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... Read more »

3 Answers | Asked in Estate Planning and Real Estate Law for Arizona on
Q: How do I get a copy of my dads Death Certificate and his Will? I live in Arizona and my dad lived in New Jersey?

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.

Douglas Price
Douglas Price 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:...
Read more »

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1 Answer | Asked in Real Estate Law for Arizona on
Q: My brothers & I own a home & one of them wants to add my 1/2 brother onto the deed. Can he do this w/o our consent?

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.... Read more »

Peter H. Westby
Peter H. Westby 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... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Does AZ. Have a legal time frame for right of ingress and egress being grandfathered ?

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 .

Peter H. Westby
Peter H. Westby 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... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: Can an HOA garnish wages, if they refuse to receive mail?

MY HOA refuse to pick up my mail, which includes my monthly dues. This has been going on for 4 months now. All mail was sent certified return receipt. There was an ADRE case on HOA refusing to pick up mail, and who is liable. I am awaiting response.

Anthony M. Avery
Anthony M. Avery answered on Jul 22, 2020

You should not be using certified mail unless the HOA Rules require it. The HOA has no obligation to be available all the times to sign a receipt to the mailman. Send all checks regular mail or hand deliver them, and when they cash them, you will have a bank record of some type. You knew you... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Arizona on
Q: I ended a relationship and both our name are on the mortgage. How do i either sell the home or get off the mortgage

She believes the house is hers alone and that i was only there as long as she agreed to it.

Peter H. Westby
Peter H. Westby answered on Jul 13, 2020

I am assuming that you and your ex did not have a domestic partnership agreement or other written agreement concerning the assets acquired during the course of your relationship. Absent such an agreement, and generally speaking, if your name is on the Deed to this home in addition to the mortgage,... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: I don't know if I'm being taken advantage of by a real estate broker. Can you please go over the details of my pre-deal?

I want to sell and I reached out to a friend in real estate who wants to buy my house for cash tomorrow. The online real estate agencies such as Zillow rate my house between 3:55 and 4:10. This guy wants to flip the house so he's deducting all the things that he says he has to repair from the... Read more »

Phil Cardis
Phil Cardis answered on Jul 6, 2020

Lots to analyze here from a business decision standpoint relative to determining value but it appears the broker/investor is looking to make money for the costs and effort related to addressing the deferred maintenance. So lots of factors to consider in seeing what is best option for you. The... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Child Custody for Arizona on
Q: I live in Ca. I Have joint custody of my kid who lives between CA and AZ. I want equal physical time. Where do I start?

I was married in CA in 2009. Moved to AZ and bought a house with ex husband in 2010 with newborn. Filed for divorce myself with no lawyer in 2011 and it was granted 9/2012. The divorce decree and parenting plan is archaic and based on the naivety of a young me in my 20s who somehow thought I could... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on Jul 5, 2020

It would be necessary to review all of your current court orders and the Decree to adequately provide advice on your current issues. There appears to be grounds to review and request changes to your current Legal Decision Making and Parenting Time Orders. There has been at least 5 years since your... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: mother was poa for deceased processed quit claim deed in her name can any living relative take property back

process quit claim deed days after deceased passed away

Anthony M. Avery
Anthony M. Avery answered on Jul 2, 2020

Any of the Heirs At Law can file suit to set aside a Deed conveyance that resulted from an invalid POA transfer after death of the principal, was never delivered, or was a breach of fiduciary duty, amongst many causes of actions. But all Heirs must be included as parties, either plaintiffs or... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: I hold the mortgage on a home I sold What happens when I die? Will my heir (son) then get the payments?

Is there something that needs to be recorded for this to happen?

Vincent Gallo
Vincent Gallo answered on Jun 20, 2020

Your estate will be entitled to the payments until your executor directs otherwise.

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Arizona on
Q: I'm in a home rental which expires end of Jan2021. i was informed that homeowners getting divorced, can i keep lease

I'm in a home rental which expires end of Jan2021. i was informed that the homeowners getting divorced, can i keep lease? Or can they terminate my lease? I have never missed a payment, i pay 2 weeks early and never had any complaints or issues. I want to stay... Do the homeowners have to honor... Read more »

Peter H. Westby
Peter H. Westby answered on Jun 15, 2020

The homeowners' divorce does not impair your rights under the lease and is not, by itself, grounds for lease termination. So long as you pay your rent, you should be allowed to complete your lease term unless your lease contains provisions that would allow the owners to terminate early.

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1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for Arizona on
Q: Apartment switched property management companies after my lease ended... which one do I sue?

I'm filing a small claim against my previous apartment complex to get my unreturned security deposit.

The complex employed a new property management company AFTER I moved out.

Do I sue the property management company that was used when I signed the original lease or the new... Read more »

Mr Frankie Adamo Esq
Mr Frankie Adamo Esq answered on Jun 11, 2020

Generally, in landlord/tenant cases, you sue the landlord (or property owner) - not the property management company or property manager. The property manager typically is not the property owner and merely the landlord's agent who at all times is acting on behalf of the landlord. If the... Read more »

1 Answer | Asked in Criminal Law and Real Estate Law for Arizona on
Q: Is it blackmail at mediation setting to be threatened with a lawsuit if I don't agree to vacate my judge's ruling?

I am supposed to be awarded attorney fees in my case that is still pending, but at a mediation setting on another matter, I was threatened with "they will sue you for breach if you do not vacate your judges ruling?"

Jay Hall
Jay Hall answered on May 27, 2020

The exact context of your question isn't clear, but no it doesn't sound like it's blackmail.

1 Answer | Asked in Real Estate Law for Arizona on
Q: My parent's passed away 27 years ago, the home was handed down to me & 2 sisters They abandoned home 20 years

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

Anthony M. Avery
Anthony M. Avery 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... Read 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... Read more »

Anthony M. Avery
Anthony M. Avery 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... Read more »

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