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

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Real Estate Law

Learn about Arizona Real Estate Law

Real Estate LawSite Producer2022-09-13T17:22:28-07:00

Arizona Real Estate Law Overview

Real estate law is a general term that refers to the civil laws that control an individual or entity’s right to own, use, and enjoy real property, including any buildings or other improvements erected on the ground. Arizona Real Estate law will be briefly discussed in this page, along with links to the laws that are specific to creditors, and landlords and tenants, respectively.

Your home is likely your most valued possession if you’re like most people. Unfortunately, that asset often becomes a legal nightmare even if you have taken all reasonable precautions to protect yourself. Real estate problems can have a substantial impact on your other assets, including a business. It is crucial to have a real estate attorney on your side who can assist you in resolving current conflicts or preventing future ones before they become impossible to resolve.

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.

25-211 – Liability of community property and separate property for community and separate debts

Landlord and Tenant

Obligations and Liabilities of Landlord

  • 33-301 – Posting of lien law and rates by innkeepers
  • 33-302 – Maintenance of fireproof safe by innkeeper for deposit of valuables by guests; limitations on liability of innkeeper for loss of property of guests
  • 33-303 – Discrimination by landlord or lessor against tenant with children prohibited; classification; exceptions

Article 2 Obligations and Liabilities of Tenant

  • 33-321 -Maintenance of premises
  • 33-322 – Damage to premises; classification
  • 33-323 – Liability of person in possession of land for rent due thereon
  • 33-324– Denial of landlord’s title by lessee in possession prohibited

Article 3 Termination of Tenancies

  • 33-341 – Termination of tenancies
  • 33-342 – Effect of lessee holding over
  • 33-343 – Premises rendered untenantable without fault of lessee; nonliability of tenant for rent; right to quit premises

Article 4  Remedies of Landlord

  • 33-361 – Violation of lease by tenant; right of landlord to reenter; summary action for recovery of premises; appeal; lien for unpaid rent; enforcement; notice and pleading requirements
  • 33-362 – Landlord’s lien for rent

Article 5 Applicability of Chapter

33-401 – Formal requirements of conveyance; writing; subscription; delivery; acknowledgment; defects
33-402 – Forms for conveyances; quit claim; conveyance; warranty; mortgage
33-405 – Beneficiary deeds; recording; definitions

Article 2 – Foreclosure
33-721 – Foreclosure of mortgage by court action
33-722 – Election between action on debt or to foreclose
33-723 – Right of junior lien holder upon foreclosure action by senior lien holder
33-724 – State as party to foreclosure actions
33-725 – Judgment of foreclosure; contents; sale of property; resale
33-726 – Redemption of property by payment to officer directed under foreclosure judgment to sell the property
33-727 – Sale under execution; deficiency; order of liens; writ of possession
33-728 – Recording upon record that mortgage is foreclosed and judgment satisfied; effect
33-729 – Purchase money mortgage; limitation on liability
33-730 – Limitation on deficiency judgment on mortgage or deed of trust as collateral for consumer goods

33-741 – Definitions
33-742 – Forfeiture of interest of purchaser in default under contract
33-743 – Notice of election to forfeit and reinstatement of purchaser’s interest
33-744 – Completion of forfeiture by judicial process
33-745 – Completion of forfeiture by notice
33-746 – Request for copy of notice of election to forfeit
33-747 – Appointment of successor account servicing agent
33-748 – Seller’s right to foreclose
33-749 – Other remedies
33-750 – Conveyance by seller; payment in full; payoff deed

33-807 – Sale of trust property; power of trustee; foreclosure of trust deed
33-808 – Notice of trustee’s sale
33-809 – Request for copies of notice of sale; mailing by trustee or beneficiary; disclosure of information regarding trustee sale
33-810 – Sale by public auction; postponement of sale
33-811 – Payment of bid; trustee’s deed
33-812 – Disposition of proceeds of sale
33-813 – Default in performance of contract secured; reinstatement; cancellation of recorded notice of sale
33-814 – Action to recover balance after sale or foreclosure on property under trust deed

Article 5 – Judgment Liens on Real Property
* (Homestead exception to lien enforcement (ARS 33-964(B)
Article 6 – Mechanics’ and Materialmen’s Liens
Article 7 – Personal Property Liens

* (Homestead exception to lien enforcement (ARS 33-964(B)

Article 2 – personal property exemptions

Arizona Residential Landlord and Tenant Act

Arizona Department of Housing 602-771-1000
will mail a copy to you at no charge

Article 1  General Provisions

  • 33-1571 – Real property loans; exercise of due on sale clauses; prohibition

The Garn St. Germaine Act at 12 USC 1701j-3(d), generally precludes a lender from exercising a due on sale clause when a borrower dies and someone else inherits (so long as mortgage payments remain current).

33-714Expiration of mortgage and deed of trust; applicability

Kalway v Calabria Ranch HOA, CV-20-0152-PR, AZ Supreme Court, 3/22/22  In this case, we are asked to decide the extent to which a homeowners’ association (“HOA”) may rely on a general-amendment-power provision in its covenants, conditions, and restrictions (“CC&Rs”) to place restrictions on landowners’ use of their land. Although CC&Rs are generally enforced as written, we interpret such restrictions to reflect the reasonable expectations of the affected homeowners. Construing such provisions narrowly, as with any restrictive covenant on real property, we hold that a general-amendment-power provision may be used to amend only those restrictions for which the HOA’s original declaration has provided sufficient notice.

Examining the extent to which a homeowners’ association may rely on a general-amendment power provision in its covenants, conditions and restrictions (“CC&Rs”) to place restrictions on landowners’ use of their land, the Arizona Supreme Court held that the provision may be used to amend only those restrictions for which the HOA’s original declaration has provided sufficient notice. A.R.S. § 33-1817(A) permits the amendment of CC&Rs by a majority vote if such voting scheme is specified in the original declaration. But that declaration must give sufficient notice of the possibility of a future amendment; that is, amendments must be reasonable and foreseeable. The Court held that an HOA cannot create new affirmative obligations where the original declaration did not provide notice to the homeowners that they might be subject to them. It must give notice that a restrictive or affirmative covenant exists and that the covenant can be amended to refine it, correct an error, fill in a gap, or change it in a particular way. Future amendments cannot be entirely new and different in character, untethered to an original covenant. Applying those principles, very few of the challenged amendments here survive because they failed to provide notice of the challenged amendments.

Real Estate - tenant / landlord

Real Estate Law for Landlord-Tenants

If you are seeking knowledge about laws specific to Landlords & Tenants and would like to learn more please click on “Read More” below.

READ MORE

HOA, Homestead & Bankruptcy Issues

Please click “Read More” if you are interested in learning more about laws that are specific to HOA, Homestead & Bankruptcy Issues.

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Real Estate FAQs

Arizona Real Estate LawDiane Drain2022-07-30T15:31:49-07:00

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.

Arizona Real Estate Law 

Tax Issues: Short Sales & Trustee SalesDiane Drain2022-07-30T17:29:32-07:00

Property which is pledged as collateral on a debt will sometimes be surrendered to the creditor if the debtor is unable to make payments. To read more on this topic, click on the link below for more information.

Tax Issues: Short Sales & Trustee Sales

When buying a home – who normally pays what?Diane Drain2022-07-30T17:24:52-07:00

Once the purchase contract is fully accepted and escrow has been opened, the buyers and sellers next concern generally are “what are my closing costs going to be?” To help answer this question for your clients, listed below are the typical or general costs that are associated with a residential real estate transaction. To read more about this topic, click on the link below.

When Buying a house in Arizona – who normally pays what?

What are Beneficiary Deeds (Arizona Specific)Diane Drain2022-07-30T17:25:13-07:00

A beneficiary deed, also known as a transfer on death (TOD) deed, is a form of deed that can be used to transfer ownership of real estate outside of probate following the grantor’s death. A beneficiary deed can be used instead of a will and testament to transfer real estate to a beneficiary upon the owner’s death.  To learn more about potential issues & problems with a beneficiary deed, click on the link below for more information.

Beneficiary Deeds – Potential Issues & Problems

Who Licenses Title Companies & Loan Servicers?Diane Drain2022-07-30T17:24:31-07:00

The Arizona DRE (ADRE) is the Arizona Department of Real Estate. It is the government entity in Arizona that approves and monitors pre-licensing courses, real estate testing, and continuing education (CE).  For more information click on the link below to visit the ADRE website.

Link to the Arizona Department of Real Estate

More Real Estate FAQs

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