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Law Off of D.L. Drain P.A., Arizona Bankruptcy Lawyer | "Helping You Get Your Life Back on Track"
Law Off of D.L. Drain P.A., Arizona Bankruptcy Lawyer | "Helping You Get Your Life Back on Track"

Real Estate Articles & Links

Information about Arizona real estate

Real Estate Articles & LinksSite Producer2025-06-17T08:59:14-07:00

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.

Visit the Deed In Lieu page

“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)

General and Special Powers of Attorney

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.

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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 :

Beneficiary Deeds 33-405 at the azleg.gov website

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:

visit Trustee Sales at the azleg.gov website

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:

Judicial Foreclosure at the azleg.gov website

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.

Visit Agreement for Sale at the azleg.gov website

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:

Forfeiture at the azleg.gov website

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

Arizona Department of Financial Institutions

Arizona Department of Real Estate

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

AZ Trustee Sales & Foreclosure Overview

Trustee Sale FAQ

Trustee Sales – Articles and Links

Trustee Sales – Law & Case Law

Information on Arizona Trustee Sales, foreclosure and bankruptcy.

Arizona Trustee’s Sales 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”.

Visit Investing in Post-Trustee Sale Properties

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. .

Download Tax Lien Foreclosures or sales – Arizona

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:

Buying Tax Liens: Not an Entirely Gold Plated Investment

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

Arizona Eviction “FED” overview

Arizona Eviction “FED” Law

Arizona Eviction “FED” Articles & Links

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

Excess Sale Proceeds – Arizona specific

Excess Sale Proceeds (after Arizona trustee’s sale)

Very high grade!!! Five out of five stars

“Very high grade!!! Five out of five stars” J & B B. The best of the best to be represented by Diane. Very high grade!!!

I really felt I could trust you

"I really felt I could trust you!" Excess Sales Proceeds, P. EXCESS SALE PROCEEDS: P. and I would like to thank you both, especially you Jay, for all the work you did in obtaining our Excess Funds check today. You somehow managed to get this done between January [...]

OTHER REVIEWS – “She took her time to answer questions, even on a Sunday.”

“ She took her time to answer every single one of my questions and guided me how to go about resolving my issue” Mauro Rodriguez I just want to thank Diane for such professionalism, knowledge, and for being so patient and attentive. I called on a Sunday [...]

Your fees are extremely reasonable

"Your fees are extremely reasonable!" N. We cannot thank you enough for helping us through this difficult and embarrassing situation. After our first phone conversation I had no doubt you would be able to help us and that you actually cared about our situation. So many larger firms [...]

Thank you both for taking care of us and taking the time!!

Thank you both for taking care of us and taking the time!! D.K. My husband and I wanted to begin the process of starting our bankruptcy, but it’s really scary not knowing who you can trust and who would step up to bat for you. Diane and [...]

I wish all attorneys treated their clients the way that Ms. Drain and Jay treated me

"I wish all attorneys treated their clients the way that Ms. Drain and Jay treated me." Anonymous I asked Ms. Drain to help me with a bankruptcy. When I first called I was scared, afraid to answer my phone and worried that my wages were about to be [...]

genuine service, honest people, and the feeling of your case being prioritized

“If you are in need of genuine service, honest people, and the feeling of having your case prioritized. Come here.”  M.B. "Jay & Diane were absolutly phenomenal handling my case. Diane laid out a detailed step-by-step plan of what to expect. She guided me and my family [...]

I suffer from anxiety and was paralyzed by fear. Thank Goodness I found Diane Drain.

“She broke down the process into manageable portions that I could handle.” S.S. I had waited to the eleventh hour to actually contact Diane Drain for help with my Chapter 7 bankruptcy. I suffer from an anxiety issue and was paralyzed by fear. Thank Goodness I was [...]

answered all of my questions thoroughly

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Diane and Jay saved us.

“Diane and Jay saved us.  We were in deed financial trouble due to my mother's care.” P.E. Diane and Jay saved us. We were in deep financial trouble due to my mother's care. Both Diane and Jay were always available to answer any questions and helped us [...]

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.

I will never forget how much they helped me get my life back.

I will never forget how much they helped me get my life back. R.A.   As you can imagine, filing for bankruptcy can be stressful. Finding the right attorney can add to this stress. Working with Diane and Jay to guide me through this difficult process was the [...]

The best professional relationship that I have had with an attorney

"The best professional relationship that I have had with an attorney" M.L. The best professional relationship that I have had with an attorney (I’ve had more than my share of their services!)_I was treated with respect and all things were timely, correct, and according to plan. Thank you [...]

Bankruptcy Changed Our Lives for the Better.

"I'm forever grateful for her help during such a difficult time, and all she did to change our lives for the better." M.M. Years after declaring bankruptcy, I can reflect on how far my wife and I have come financially. I remember the shame and fear that [...]

helps to ensure that your assets are protected

“helps to ensure that your assets are protected” R.B. Diane is very detailed, and although it may be overwhelming it is in your best interest to do EXACTLY what she says to do. Follow her directions, be organized and prepared. This helps to ensure that your assets [...]

Diane guided us every step of the way.

“Her assurance that there was nothing to be ashamed of, gave us the incentive to proceed.” D. Diane was fabulous during our bankruptcy, guiding us every step of the way. After medical bills got us behind, we didn’t know where to turn and felt uncomfortable filing. Her assurance [...]

It was a pleasure and privilege to be your client

"It was a pleasure and privilege to be your client." K. Thank you. It was a pleasure and privilege to be your client. I am continually grateful that I was led to you to help me through my bankruptcy process. You are truly the best of the best and [...]

Diane and Jay were always very positive and consistently receptive in answering and returning phone calls and emails in a timely manner

Diane and Jay were always very positive and consistently receptive in answering and returning phone calls and emails in a timely manner. In summary, they are a class act and able to take a very challenging and difficult process and make it as humane and positive as anyone could. I [...]

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