Legal Question in Real Estate Law in Arizona

Lis Pendins filed after trustee sale

I am a Realtor representing a buyer who is purchasing a foreclosure property. Prelim shows former owner filed a lis pendins 3 months after the trustee sale claiming lender was not the Beneficiary. Research shows an assignment to the current lender was done after the fact. On 11/14/2008 a court ruling stated that if the former owner could not produce evidence, lis pendins would be dismissed. Question is how much confident does buyer have with this dismissal document ? Should buyer move forward with purchase ? A secondary question, if former owner decides to file additional claims against the property, what recourse does my buyer have when it comes time for them to sell ? Will title insurance cover this ? Thanks in advance. I have copies of the deed of trust and ruling.


Asked on 12/16/08, 12:46 pm

1 Answer from Attorneys
Brian Blum Blum Law Office, PLC

Re: Lis Pendins filed after trustee sale

This question is too complicated for LawGuru. Your buyer really needs to hire a competent real estate attorney or find a new property. Do not continue this transaction without legal advice.

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Answered on 12/16/08, 12:58 pm


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