The following will provide links and resources to information relevant to real estate.
Nothing beats solid legal advice from a seasoned real estate attorney that is tailored to your specific needs. Buying, selling or renting real property is a huge step in your financial life. Success or failure can be the difference between a bright or gloomy future. Final note – make sure you understand your rights and obligations before signing anything.
Real Estate laws are specific to the state where the real estate is located (with some exceptions for federal land). Never use document preparers or paralegals to advise you about the complexities of real estate. Only use attorneys who devote the majority of their practice to real estate law.
Important Real Estate Laws
The following link provides information on Arizona real estate law. Arizona real estate law is the body of constitutional, statutory, and administrative rules that govern landlords, tenants, investors, and home buyers in the acquisition, use, and transfer of real estate.
Quick Links to Articles & Links
Mortgage Fraud/Foreclosure “Rescue” Scams
Arizona Attorney General’s Office – articles on predatory lending, plus much more
Title 15, Section 1639 – Home Ownership and Equity Protection Law (HOEPA)
Something Every Consumer Should Know About Applying for a Home Loan: Your Name is being sold by the credit bureau.
What is a Beneficiary Deed? by Susan M. Ciupak and Joshua Forest
Who Pays What? A Guide to Closing Costs, by Rose Jones
What is a Deed in Lieu of Foreclosure? Also referred to as a “DIL”.
Foreclosure is sometimes the best option for the lender. When a secured debt on real property is in default, lenders and borrowers (homeowners) have the opportunity to work together to address the default. If the lender and borrower can work together, the simplest alternative may be to let the property go through foreclosure, which will save the borrower time and allow the foreclosure purchaser (perhaps the lender) to take over the property free of all junior liens.
“Deed In Lieu : Merger Doctrine Does Not Apply Where Grantee is Senior Lienholder” by Benzion J Westreich & Scott C Cutrow, Katten Muchin Rosenman LLP
Visit “Deeds in Lieu: Does Merger Apply When Grantee is Senior Lienholder?”
Learn about the Power of Attorney in Arizona by Bob Ciancola, an Arizona attorney practicing in business transactions, tax law and estate planning. (reprinted with author’s permission)
An action to quiet title to real property may proceed where the underlying debt remains unpaid but the statute of limitations for a suit on that debt has expired.
In re Aroca v Tank Investment, CV 24-0049-PR, (Az Court of Appeals, Div 2, 3-31-25) ¶1 The issue before us is whether an action to quiet title to real property may proceed where the underlying debt remains unpaid but the statute of limitations for suit on that debt has expired.
¶2 In 1914, this Court held that equitable principles prohibited a plaintiff from obtaining a quiet title judgment when his mortgage debt remained unpaid. Provident Mut. Bldg.-Loan Ass’n v. Schwertner (“Provident”), 15 Ariz. 517, 518–20 (1914). In 1941, the legislature took a different approach by enacting A.R.S. § 12-1104(B) pertaining to quiet title actions: “If it is proved that the interest or lien or the remedy for enforcement thereof is barred by limitation, . . . plaintiff shall be entitled to judgment barring and forever estopping assertion of the interest or lien in or to or upon the real property adverse to plaintiff.”
¶3 We hold that the equitable principles set forth in Provident do not alter the rights established in § 12-1104(B). An action to quiet title to real property may proceed where the underlying debt remains unpaid but the statute of limitations for suit on that debt has expired.

Searching for someone who cares about their clients?
Take your time and find an attorney who is conscientious, experienced, compassionate, and with whom you have a strong working relationship.
Glossary of Real Estate Terms
On this page you will find a glossary of commonly used terminology used in bankruptcy or in a court setting.
Real Property Laws – Arizona
The following link provides information about Title 33 in Arizona, which includes the laws for landmarks and surveys, estates, landlord & tenant, conveyances & deeds, gifts, mortgages, deeds of trust, liens, homestead & persona property exemption, condominiums, Arizona residential landlord & tenant act, Arizona mobile home parks residential landlord & tenant act, liabilities and duties on property used for education & recreation, due on sale clauses, self-service storage, planned communities, residential rental property, homeowners’ association dwelling actions, recreational vehicle long-term rental space act, timeshare owners’ association & management act, commercial builds telecommunications services, access to private property, private property rights and the uniform commercial real estate receivership act.
visit Arizona Real Property Laws – Title 33 at the azleg.gov website
A beneficiary deed may name multiple grantees who take title as joint tenants with right of survivorship, tenants in common, a husband and wife as community property or as community property with right of survivorship, or any other tenancy recognized by state law. To read more about Beneficiary Deeds 33-405 visit the following link :
When a lender has an interest in a home or other property secured by a deed of trust, they can use a trustee’s sale to secure payment in Arizona. If a borrower falls behind on their payments under a deed of trust, the lender has the authority to begin the foreclosure process. To learn more about trustee sales in the state of Arizona click on the link below:
A judicial foreclosure begins when a lender files a lawsuit in order to obtain a court order allowing a foreclosure sale. If you do not respond with a written response, the lender will win the case automatically. If you choose to defend the foreclosure lawsuit, the evidence will be reviewed by the court, and the winner will be determined. To understand more about Judicial Foreclosure, visit the following link:
NOTE – please do not do agreement for sales or contract for sale without first talking to a competent Arizona real estate attorney.
A residential real estate purchase and sale agreement in Arizona is a legal document that details the terms and conditions of a buyer’s purchase of property from a seller. The agreement’s terms will be negotiated by the seller and buyer (or their attorneys), including the purchase price, closing date, property condition, and so on. Learn more by visiting the below.
Forfeiture of a purchaser’s interest in the property for failure to pay monies due under the contract may be enforced only after the expiration of the following periods after the due date: 1. If less than a quarter of the purchase price has been paid, thirty days. To learn more about forfeiture visit the link below:
A Forcible Entry and Detainer in Arizona is a legal action that a landlord or property owner can take if an existing occupant refuses to leave after being given adequate notice. This occupier could be a tenant or the original owner of a foreclosed or trustee’s sale home. Find out more about Forcible Entry and Detainer in Arizona by visiting the link below:
Forcible Entry and Detainer at the azleg.gov website
Real Estate Links: Agencies, Departments & Organizations
designed for lawyers involved in lending, mortgage brokering, mortgage-backed securities and debt securities. Complete library of downloadable forms and documents, regular news updates, information on mortgage products and services.
Visit eFanniemae to learn more
The nation’s largest source of home-mortgage funds.
visit Fannie Mae to learn more
Visit FEMA – Federal Emergency Management Agency Site. General guide before and after disasters, National Flood Insurance, US Fire Admin, official forms.
Created by Congress, supports home ownership by purchasing mortgages and repackaging them into securities. Useful current and historical prime mortgage rate information, downloadable documents and library of mortgage instruments, organized by state.
Visit Freddiemac to learn more.
Federal Deposit Insurance Corp. federal banking laws and regulations; full text of publications and articles, survey of important federal laws related to banking; statistical reports on banks and banking.
Visit FDIC to learn more.
US Department of Housing and Urban Development resources for home owners and professionals
Visit HUD to find out more about the US Department of Housing and Urban Development.
Arizona Residential Landlord – Tenant
Foreclosure & Trustee Sale – Arizona
Here is an overview and links to information about Trustee Sales & Foreclosure
By Diane L. Drain, Founding Chairperson of the Arizona Trustee’s Association
visit Trustee’s Sale Process
Information on Arizona Trustee Sales, foreclosure and bankruptcy.
In the following article I describe the caveats in investing properties that have been purchased at a trustee’s sale. Read this article that I have written “Friendly Advice When Investing in Property Purchased after a Trustee’s Sale”.
A question many lenders face is what to do when a borrower defaults on a promissory note. Depending on whether the loan is a mortgage or a deed of trust will affect the decision the lender makes, but the main question the lender needs to ask is whether it would be more beneficial to foreclose on the property, taking the property back with a deed in lieu, or sue on the promissory note. Many lenders automatically think they should foreclose, however, in certain circumstances, suing on the note may be the better remedy. This article focuses on some of the advantages and disadvantages of suing on the note instead of foreclosing.
Read more by visiting the following link:
Sue on the Note or Foreclose on the Property – what is the difference? by Stephanie Wilson
This downloadable PDF displays the Arizona Anti-Deficiency process.
Download the flow chart here Arizona Anti-Deficiency Flow Chart
In an earlier article we discussed the potential effect of the “ Arizona Anti-Deficiency Flow Chart ” statutes, which apply under certain circumstances to loans secured by residential dwellings consisting of a single or dual-family structure, on a lot consisting of 2.5 acres or less. Read more by visiting the following link:
Deficiency Actions, Michael T. Denious, Stoops, Denious, Wilson & Murray, PLC
Tax Lien Foreclosures or Sales – Arizona
Below is a link to a document from the Superior Court Law Library. The listings may be used as a general starting point for your research. .
The old adage holds that nothing in life is as sure as death and taxes. If so, then the liens sold as Certificates of Purchase (CPs) each year by the various Arizona county treasurers for delinquent real property taxes should be the surest of the sure. Read more of this article by visiting the following link:
The county auctioned about 14,000 liens at the Feb. 9-12 sale in downtown Phoenix. Although the number of liens sold was virtually unchanged from 2003, the county collected nearly $2 million more this year. Total sales amounted to $17.5 million, compared with $15.78 million in 2003. Read more by visiting the the following to this article:
Tax Lien Sales Winner for County (but not investors), by Mike Fimea, Arizona Business Gazette, February 19, 2004, volume 124
Homeowner Association Issues – Arizona
Forcible Entry and Detainer “FED”
A Forcible Entry and Detainer in Arizona is a legal action that a landlord or property owner can take if an existing occupant refuses to leave after being given adequate notice. This occupier could be a tenant or the original owner of a foreclosed or trustee’s sale home. Find out more about Forcible Entry and Detainer in Arizona by visiting the link below:
Forcible Entry and Detainer at the azleg.gov website
Excess Sale Proceeds (funds left after a foreclosure)
ARIZONA SPECIFIC: Excess sale proceeds are those funds left after an auction of the real estate (either trustee’s sale or foreclosure) These funds are deposited with the Treasurer’s Office, and a complaint is filed in the county where the property was located. Those with valid rights (junior secured lenders, old owners, etc.) can apply for the funds. A commission will review the applications and enter the appropriate orders. NEVER sell your right to collect those funds. Always talk to an experienced Arizona attorney in order to determine your rights. This firm offers a free consultation. If we cannot help you, we will provide some possible referrals to experienced Arizona attorneys.
Find out more about Excess Sale Proceeds in Arizona by visiting the link below:
Excess Proceeds of Sale at the Maricopa County Superior Court’s website
Diane cleaned up serious mistakes made by another attorney
Diane cleaned up serious mistakes made by another attorney. J.D. Diane helped me straighten out my case, after an attorney from a different law firm, made serious mistakes in my filing that could have been extremely detrimental. If not for her very professional guidance, constant communication and follow-up, while [...]
Diane – you were nice and caring.
“You were very nice and caring. ” R.G. I cannot thank you enough Diane for taking the time to speak with me. Your website has so much information and very helpful. You were very nice and caring. Appreciate you! R.G. [...]
They helped me through a very difficult time
“They helped me through a very difficult time” P.J. Diane and Jay helped me through a very difficult time. My Husband passed after a year-long had to file chapter 7 bankruptcy, and needed to re-locate to Seattle to live with my daughter and her family. [...]
Diane is very compassionate and comforting
"Diane is very compassionate and comforting." Anonymous Diane is very compassionate and comforting. She made a very difficult process much easier for us. Rate Ms. Drain’s services: 5.0 out of 5.0
ow I can finally breathe easy and deep again
"I can finally breathe easy and deep again." J. Thank you so so much for all your help and understanding. Especially in the beginning when I had so many questions and you were so very patient with me. I felt that you were very upfront about everything, letting [...]
Diane and Jay are a great team
“Amazing experience” L.A. Diane and Jay are a great team. Diane took the time to explain every step of the way and provide me with so much education regarding my bankruptcy. The material I obtain was and is very helpful to have a stable life. Thank you [...]
Diane was so professional, knowledgeable, thorough and very kind to work with
“Diane was so professional, knowledgeable, thorough and very kind to work with” S.V. Diane was so professional, knowledgeable, thorough and very kind to work with as she guided me through the extremely emotional process of filing bankruptcy. She was optimistic and positive and always available if I [...]
They provide hope and ease throughout a very stressful situation
“They provide hope and ease throughout a very stressful situation” C.G. Diane and Jay provide hope and ease throughout a very stressful situation. Diane is thorough, knowledgeable, experienced and trustworthy. She takes her time with each step ensuring she understands the story. They are both available when [...]
Diane’s steady hand, expertise and cool head, got us on the right track
“Diane’s steady hand, expertise and cool head, got us on the right track.” P.R. Our lives were spinning out of control. We were trying all kinds of “quick fix” gimmicks to get our finances in order following employment challenges and being small business [...]
Filing for bankruptcy can be a stressful life event
“Filing for bankruptcy can be a stressful life event” R.A. Filing for bankruptcy can be a stressful life event, and selecting the right attorney can add to this stress. Diane and Jay were a pleasure to work with, and it is obvious that they are passionate about helping people [...]
Absolutely top notch
"Absolutely top notch" D.W. Absolutely top notch. All my questions were answered. Would definitely recommend this firm to anyone.
Diane is very concerned for your well-being
“My anxiety faded away with each conversation we had ” R.L. If you are considering a bankruptcy, there is no other person in the state of Arizona to talk with other than Diane Drain. She is very concerned for your well-being. Her knowledge and expertise allowed me [...]
She helped me find resources and gave advice even if she will not be benefiting
She helped me find resources and gave advice even if she will not be benefiting. R.B. Diane Drain is a very kind person. She helped me find resources and gave advice even if she will not be benefiting from the advice. Thank you Diane! [...]
I was extremely pleased by the professionalism
"I was extremely pleased by the professionalism" M.M. I was extremely pleased by the professionalism and care that I was handled with. I will recommend you to everyone I know that can use the expert help that you provided.
Thank you so much for all your hard work
"Thank you so much for all your hard work" M.C. Thank you so much for all your hard work on my case. I appreciate all your support and compassion through a very difficult process.
We are very happy we were referred to Diane for assistance
"We are very happy we were referred to Diane for assistance." S.G. Diane helped my husband and me get past a difficult chapter in our lives. She answered all our questions and gave us excellent advice. We followed her directions from start to finish and the process went [...]
e were amazed at how accessible Diane was
"We were amazed at how accessible Diane was." Robert We were amazed at how accessible Diane was. Weekdays or weekends at all times of the day it didn’t matter. She was quick to respond to our questions or needs. In short Diane did a great job for us [...]
Her knowledge and ability to ask the right questions enabled myself to have a plan of action
Her knowledge and ability to ask the right questions enabled myself to have a plan of action. L.G. I can’t begin to adequately express how professional, caring and dialed in Ms. Drain was when I consulted with her. Her knowledge and ability to ask the right questions enabled myself [...]
Mis-information about Forbearance of Home During COVID-19
Forbearance of Home Mortgages During COVID-19 Know your options before making a decision not to pay your mortgage 11/18/21 UPDATE – see summary [...]
COVID Has Exposed Many of Our Neighbors to an Ugly Financial Reality
The next 12 to 18 months is going to be financially difficult for many of our neighbors Our new normal is homeschooling, face masks and [...]
2017 – New Loan Modification Program for FNMA & FREDDIE Mac
Fannie, Freddie Create New Mortgage Loan Modification Program By Geoff Walsh, a staff attorney at the National Consumer Law Center (NCLC) who focuses on foreclosure [...]
You Have a Reverse Mortgage: Know Your Rights and Responsibilities
You Have a Reverse Mortgage Know Your Rights and Responsibilities Reverse Mortgage Borrowers Publication from Consumer Financial Protection Bureau “CFPB”. Reverse mortgages can be a [...]