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Arizona Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Criminal Law and Civil Rights for Arizona on
Q: What extenuating circumstances are there to push the statute of limitations on conversion of property?

My mother has clinical depression and was advised to not sign any documents. My mother and father were never married and were separated. My mother living in the home alone fell victim to fraud on “refinancing” but lost her home, about 2007. We (my mother and 5 children living in the home) were... Read more »

Mike Branum
Mike Branum answered on Jan 11, 2022

The argument would be that the deception (injury) was not discovered until more recently. This is called "tolling" of the statute of limitations because the injured party is unaware of the injury.

The problem will be finding legal representation to assist you with a complicated...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: Should I have a real estate lawyer for every state i want to buy a property in?

I live out of state from the properties I want to buy.

Peter H. Westby
Peter H. Westby answered on Dec 23, 2021

Yes, you should consult with a real estate attorney in each state that you plan to purchase property in. You need to be aware of state and local law and contract requirements unique to each state. I recommend having a local real estate attorney assist you with your purchases.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Arizona on
Q: Can property management company be responsible for evictions with my llc being out of state?

My property would be held in an llc in the state its in and that llc held by another one in Wyoming.

Peter H. Westby
Peter H. Westby answered on Dec 23, 2021

In Arizona your property manager can handle evictions of Arizona tenants. It is not required that the property owner be an Arizona resident.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: How do I form a llc for out of state investing so I have inside and outside protection?

I live in Arizona and want to buy property in iowa. I need to know what type of llc's to set up in each state for asset protection.

Peter H. Westby
Peter H. Westby answered on Dec 23, 2021

I recommend that you speak with a real estate attorney in each state in which you plan to invest.

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Arizona on
Q: In Arizona can a leasing office give more than one renewal offer raising price each time. I did accept first offer.

The owner changed management companies if that matters.

Peter H. Westby
Peter H. Westby answered on Dec 22, 2021

This can be done if handled properly by the landlord or his management company. Your documents should be reviewed by an attorney. They may consist of an offer that is binding upon your acceptance. Or they may contain language that provides the proposal is not binding upon the landlord until... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Arizona on
Q: If my father has passed away interstate, but I am named power of attorney, does that make me "Next of Kin?"

So my father has passed away, and I was labeled power of attorney. I have the death certificates, all the paperwork from his funeral services, and an open probate case for the house. I basically just need to know if I have authority to demand rent from people who resided in the house before my... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 5, 2021

The power of attorney automatically ended when your father passed away. If you have been appointed executor or personal representative or administrator of his estate then, yes, you have the authority to enforce any existing lease, including demanding rent pursuant to the lease. Or you can evict... Read more »

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Arizona on
Q: A deed to a house was divided by the two owners. If one of them dies and can the new owner claim possession?

My father and his wife own a home. They do not have children together, he has 2 from a previous marriage. His kids have the house deed to his half, and one of her nephews has the house deed to her half. If the wife dies before my father, can her nephew claim possession to his half while my father... Read more »

Mike Branum
Mike Branum answered on Sep 30, 2021

The answer will depend on whether the deed created a tenancy in common, a joint tenancy, or a joint tenancy with right to survivorship. You should obtain a copy of the deed which transferred the interests and consult with a real estate attorney to determine what rights each party holds.

1 Answer | Asked in Real Estate Law for Arizona on
Q: Can a married couple transfer a property to an LLC where only one spouse is a member of the business?

My wife and I want to convert a property to a rental. We intend for an LLC to own the property, and our son will manage it. My son and wife will be members of the LLC but I will not. Is it possible to transfer the title of the property to such an LLC, effectively relinquishing my ownership stake?

Peter H. Westby
Peter H. Westby answered on Aug 26, 2021

It is possible but it may not be advisable. I strongly recommend that you have your proposed transfer reviewed by a real estate attorney and your CPA before you take action. Your attorney will be able to let you know if such a transfer might violate the due on sale clause in your financing... Read more »

1 Answer | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for Arizona on
Q: My nephew and girlfriend asked his dad died to stay for 2 days. They have taken over, & filed Restating Order! Can dad E

They asked to stay for a couple of days, they kicked dad out. Filed a Restraining order.

Can dad evict in Az?

He owns the trailer, rents the lot.

They are unwelcome guests

Using illegal substances

Peter H. Westby
Peter H. Westby answered on Aug 25, 2021

Dad has two options. He can call the police and see if the police will remove them as trespassers. Or he can evict per the Arizona Residential Landlord and Tenant Act. If he must evict, I recommend that he consult with an attorney familiar with residential evictions.

1 Answer | Asked in Real Estate Law for Arizona on
Q: If two people own a home and one wants to sell and the other one doesn’t, what is the law?
Peter H. Westby
Peter H. Westby answered on Jul 23, 2021

In Arizona the owner who wants to sell can force a sale by filing a Partition Action against the other owner. In a Partition Action the court will appoint a special commissioner to sell the home. The court will also decide how the net sales proceeds are to be divided if this becomes an issue.

1 Answer | Asked in Real Estate Law for Arizona on
Q: If two people own a house and one wants to sell and the other does not, what is the law?

I can’t afford to move or buy this individual out

Anthony M. Avery
Anthony M. Avery answered on Jul 23, 2021

If there is sufficient equity, hire a competent AZ attorney to prosecute an Action for a Sale For Partition.

1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: Who owns the property ?

My stepmom and father passed away within two weeks of each other. My dad survived her by 10 days. The deed to their house is set up for right to survivorship. For probate purposes is my dad the sole owner of the house (since she passed away before him) or is it community property (split equally in... Read more »

Gregory Christopher Poulos
Gregory Christopher Poulos answered on Jul 10, 2021

The answer to this question is in a reading of the deed. That document controls what happens.

For most Arizona deeds for married couples, the title is held in community property with an additional paragraph or page that says upon death the share goes to the surviving spouse. Older deeds...
Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Arizona on
Q: I have a question regarding my parents home. On this home they were three owners which were my two uncles to my dad.

In this home they left it because they had personal issues they had to take care of. Leaving us alone for several years to pay mortgage insurance in any other necessary payments. We did receive a letter saying they want to force Sale We did not agree because This is the only home we have and we are... Read more »

Douglas Price
Douglas Price answered on Jun 29, 2021

Due to many grammer and spelling errors this question is impossible to answer at this time. You need professional help and should get it. I recommend that you pay a lawyer to meet either in person (best) or via video chat (not as good as in person). Then discuss your situation to understand what... Read more »

2 Answers | Asked in Divorce and Real Estate Law for Arizona on
Q: Can a mortgage be refinanced against divorce decree agreement with both parties in agreement to do so?

Decree says I get the house once I'm financially able to refinance. Ex decided he wanted the house and I agreed he can have it. He tried refinancing but was having issues because of the decree. Is there a way to change the decree?

Peter H. Westby
Peter H. Westby answered on May 29, 2021

Your Decree can be modified by stipulation provided both former spouses agree. I recommend that one of you hire a family law lawyer to assist with this modification.

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1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for Arizona on
Q: As a Executor how long legally can you hold claim to this title?

My sister and brother are executors of my mothers affairs. 9 years later my parents mtg servicing co sends statements to the estate of my parents both named both deceased. The deed is recorded with my name and the 2 executors. While 1 other brother and I are paying pymts taxes insurance and all... Read more »

Gregory Christopher Poulos
Gregory Christopher Poulos answered on May 16, 2021

If nothing was filed with the courts, then they are only named as Executors, they have no power as they are not court appointed. I presume you are living in the property, but you need to speak with an attorney sooner rather than later. They are taking advantage of you, not following proper... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Arizona on
Q: I am looking to file a partition motion. Can a partition motion be contested or delayed?

No contract between parties. We are siblings. 20,000 mtg bal. My sister vowing to fight it and hold it up for years until the value is ate up with legal and court costs. She does not pay anything towards mtg or property upkeep or repairs or taxes or insurance. For 9 years. I am almost 60 and want... Read more »

Peter H. Westby
Peter H. Westby answered on May 12, 2021

A partition action is a lawsuit and is commenced by filing a complaint, not a motion. A lawsuit can be contested and can be delayed. Reaching a negotiated settlement that is fair is a better option. I understand that you have tried this but, once a lawsuit is filed, you will have additional... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: My ex husband refuses to take my name from his mortgage. What can I do about it?
Zachary Thornley
Zachary Thornley answered on Apr 30, 2021

He can be forced to do so through a partition action. Contact me and I will be happy to discuss further with you.

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... Read more »

Ilene L McCauley
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...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: I'm owner financing a home that i own outright in my trust. Can I request a balloon payment after 10 of the 30 year term

Arizona

Peter H. Westby
Peter H. Westby answered on Mar 9, 2021

Yes, it is not uncommon to amortize a loan over 20 or 30 years but provide for a balloon payment after 3-10 years. This allows a buyer to purchase and, if needed, provides time to build equity and improve his or her credit so it may be possible to refinance conventionally when the balloon payment... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law and Municipal Law for Arizona on
Q: When encountering a no trespassing sign does the act of trespass begin after passing the sign or before

if you are homeless and sitting on a curb in front of a fenced property where a sign is posted are you in violation of trespassing by just being near a sign or do you have to cross onto that property/pass the posted sign. Extendedly, if you are homeless and you are sitting on a curb/sidewalk... Read more »

Mike Branum
Mike Branum answered on Feb 23, 2021

Theoretically the trespass would occur when a person or objects breaks the plane over the imaginary property line. If the sign is directly over this line, then a person or object would have to extend onto the property past the sign before the actual trespass could be said to have occurred. If there... Read more »

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