LAW OFFICE OF D.L. DRAIN

One East Camelback, Suite 550

 Phoenix, AZ 85012

Phone: 602.246.7106

Fax: 602.249.1969

DDrain@DianeDrain.com

 
   


   
 

 


Real Estate Frequently Asked Questions

 


"It is not from reason that justice springs, but goodness is born of wisdom."

 

Maeterlinck, Maurice

1862-1949, 

Belgian Author

 

 

◙  What are the laws governing Arizona real property?

◙  Who licenses realtors and brokers?

◙  Who licenses title companies and loan servicers?

◙  What are beneficiary Deeds?

◙  When buying a home who pays what?  A Guide to Closing Costs

◙  Sue on the Note or Foreclose on the Property - what is the difference?

◙  Deficiency Flow Chart, Diane L. Drain

◙  Taxes and foreclosure, short sales or sales under Deed of Trust, Bob Ciancola

◙  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).

  1. Uniform Commercial Code, Article 9: Important Revisions Become Effective July 1, 2001 -

  2. 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.

 

 

DISCLAIMER This site is not intended to be advertising and the Law Office of D.L. Drain, P.A. and the attorneys employed by that firm do not seek to represent anyone in a state where this site may fail to comply with all laws and ethical rules of that state.  The information provided in this web site is for general information purposes only. All the documents, forms and information on these web pages are generic in nature and must not be regarded as legal advice. The law changes periodically and we make no representations that any of the information is accurate. You are not to make any inference from this website that our firm represents you or would be able to represent you; or that the information contained herein applies to your specific circumstances. You must seek legal counsel to ascertain your rights and obligations.

 

 

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