Client Reviews and Comments - Trustee sales and Foreclosures
Homeowners, homeowner association issues and other real property questions.
Please Note:
The information in this web site is not intended to constitute legal advice or to create an attorney-client relationship. It is also important to note that the information contained in this article may be outdated.
It is very important that you obtain legal advice from an experienced bankruptcy attorney regarding your particular situation. Consultation before you take action will certainly cost you less than what it will cost to fix your unintentional errors.
Real Estate Overview
Real Estate:
Land and anything permanently affixed to the land, such as buildings, fences, and those things attached to the buildings, such as light fixtures, plumbing and heating fixtures, or other such items which would be personal property if not attached. The term is generally synonymous with real property and realty.
TRUSTEE SALES
The beneficiary under a deed of trust has a choice of two alternative and mutually exclusive remedies after default: (1) exercise of the trustee’s power of non-judicial sale or (2) judicial foreclosure as a mortgage.
The trustee’s power of nonjudicial sale provides a quick and inexpensive remedy that may be completed in 91 day after recording the Notice of Trustee’s Sale. Only the IRS has a post-trustee sale redemption period.
At anytime prior to the day of the trustee’s sale the home owner, or any lienholder, may reinstate (pay the amount owed to date, including all fees and costs). The reinstatement will act to cancel the pending trustee’s sale.
A judicial foreclosure of a deed of trust is conducted under:
FORCIBLE ENTRY AND DETAINER
A Forcible Entry and Detainer is an action that a landlord, or new property owner can take if the existing occupant refuses to leave after appropriate notice. This occupant could be either a tenant or original owner of property that was sold at a foreclosure or trustee’s sale. The laws governing forcible entry and detainer actions are different if the property is residential A.R.S. Section 33-1377 or non-residential http://www.azleg.state.az.us/ars/33/00361.htm
My wife and I had several questions and concerns regarding our home and a second mortgage which the lender is unwilling to work with us. After jumping through numerous hoops and an endless paper trails we were denied a loan modification. After sitting down with Diane and going over all our options, it was clear to us what our next strategy was to be dealing with our situation. She was honest and upfront with us and really knows her subject matter. All of our questions were answered and if anything arises in the future(and it probably will) she stresses please don’t hesitate to call her. We strongly suggest if you in the market for an attorney to deal with your legal matters you reach out to Diane-we were not disappointed.
Diane is a first CUSTOMER that I’m leaving a review for… As her IT consultant, Diane proves to us weekly that she is a capable, responsible, honest and hard working woman! Diane’s care of her customers, their security, her professionalism towards them and what she does to keep up with technology and security, is above any other lawyer we’ve worked with! Diane’s contribution to the attorney community in Arizona is a fresh breath of greatness, and the fact that she’s been practicing law and helping so many lawyers grow, tells us she’s the last person to quit, and the first person to help. Thanks to Diane, we have made lots of connections with the legal industry, the state bar, lawyers and firms in Arizona and out. She’s an honest, professional and “easy going” down to earth lady…
I know that you are acutely aware of how deeply emotional and draining financial problems are. You took the time to talk with me about our foreclosure and 2nd mortgage. You allowed me to be human and treated me with dignity. Thank you for your time, expertise, and kindness.
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
When my wife and I first considered bankruptcy we contacted one of the TV advertised law firms that specializes in bankruptcy law. On our appointment we met a group of the most inept people I have ever met. It was exactly the same as trying to buy a used car on Van Buren.
Later I told a friend of our experience and I said I don’t want to file a bankruptcy and deal with “that” kind of people. He quickly corrected my thinking and recommended The Law Office of Diane Drain.
On my first visit it was a pleasure to have someone explain the process so thoroughly. Mrs. Drain is very direct and clear on required documentation and what was required by us. We followed her instructions to the letter and the whole process went very smoothly.
In my 65 years I have dealt with a lot of people in the corporate world and I feel Mrs. Drain and her staff offer integrity and professionalism second to none.
You were wonderful – Thank you so much. I am so glad that my son went to your seminar and found you.
