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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"

Diane L. Drain | Arizona Bankruptcy Lawyer

Real Estate Articles & Links

Information about Arizona real estate

Real Estate Articles & LinksSite Producer2022-08-31T10:40:26-07:00

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

Birds eye view of suburb

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 :

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 filed in the county where the property was located.  Those with valid rights (junior secured lenders, or 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)

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    “Diane was patient, thorough, sympathetic, quick with responses and obviously knew what she was doing. ” D.S. I've never had to consult a bankruptcy attorney before but recently had to do just that on behalf of a family member. Although we decided to not go through with [...]

The Arizona Statute of Limitations Applicable to Collection Lawsuits and Non-Judicial Trustee’s Foreclosure Sales of Real Property,

The Arizona Statute of Limitations Applicable to Collection Lawsuits and Non-Judicial Trustee’s Foreclosure Sales of Real Property, article by Larry O. Folks, Folks Hess, [...]

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