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What are the laws governing Arizona real property?
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Who
licenses realtors and brokers?
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Who
licenses title companies and loan servicers?
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What are beneficiary Deeds?
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When buying a home who pays what? A Guide to Closing
Costs
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Sue on the Note or Foreclose on the Property - what is the
difference?
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Can a judgment creditor force me to
sell my home? In Arizona it depends: unless the lien
is a result of a deficiency action against the real property.
ARS Section 33-964 (B). A recorded judgment shall not
become a lien upon any homestead property. Any person entitled
to a homestead on real property as provided by law holds the
homestead property free and clear of the judgment lien.
But see,
33-1105.
Sale by judgment creditor of property subject to
homestead exemption: A judgment creditor other than a
mortgagee or beneficiary under a trust deed may elect to
sell by judicial sale as specified in title 12 the property
in which the judgment debtor has a homestead under section
33-1101, subsection A, provided that the judgment debtor's
interest in the property shall exceed the sum of the
judgment debtor's homestead plus the amount of any
consensual liens on the property having priority to the
judgment. A bid shall not be accepted by the officer in
charge of a sale under this section which does not exceed
the amount of the judgment debtor's homestead plus the
amount of any consensual liens on the property having a
priority to the judgment plus the costs of the sale
allowable under title 12. After receipt of a sufficient bid,
the officer shall sell the property. From the proceeds, the
officer shall first pay the amount of the homestead to the
judgment debtor plus the amount of any consensual liens on
the property having a priority to the judgment and then pay
the costs of the sale. The remaining proceeds shall be
applied in accordance with the provisions of section
12-1562, subsection A. If the sale does not occur, either
because of voluntary abandonment by the judgment creditor or
because no sufficient bid is made, the judgment creditor may
not charge any costs or attorney fees incurred in connection
with the sale against the judgment debtor by addition to the
judgment or otherwise.
See
also: Evans v. Young, 135 Ariz. 447, 661 P.2d 1148
(Ariz.App.1983)(held that foreclosure is available to a
judgment creditor who wishes to subject judgment debtor's
homestead property to execution and forced sale, but
judgment creditor must first satisfy statutory appraisal
procedures, and value of homestead property must exceed
value of homestead exception over and above all liens and
encumbrances).
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Uniform Commercial Code, Article 9: Important Revisions Become
Effective July 1, 2001
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Tell me about tax liens: Daystar vs Maricopa County
Treasurer (Az Ct App, Div One 5-6-04)
good review of tax liens statutes and governing law.