Legal Question in Wills and Trusts in Arizona

wills/ trusts

I have a clear deed on our house, I owe some on it part of it is an inheritance. It is NOT listed in my mothers trust, it in NOT registered at the county records with a lean. We have both been laid off and my siblings want me to hand over the title to put leans onto it. I want to sell it and go from there.(when the economy allows) I have my daughter and grandkids here also and we cant afford to be diplaced. What can we do stop their judgments and forclosure ect.?


Asked on 7/15/09, 1:23 pm

3 Answers from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Re: wills/ trusts

If you are the sole owner of the property in title, you can do whatever you want with the property. You do not have the power to stop others from suing you and obtaining a judgment, if they have a good cause of action and can prove their case. Then, if someone has a judgment, they can record it against the property but foreclosure requires other requirements to be met before that can be done.

I do not know what you mean by the statement of facts in your question. You should immediately get good legal counsel and advice regarding your rights, duties and obligations.

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Answered on 7/15/09, 2:04 pm
Grady Wade Wade Law Firm, PLC

Re: wills/ trusts

Mr. Scher is correct. If you solely own the property and there are no liens or deeds of trust recorded against it, no one can foreclose. However, if it is just a matter of recording a valid lien or obtaining a valid judgment against you, among other things, there is little you can do.

I would need more facts to give you a better answer. It would be wise to contact a lawyer to help you determine what is the best course of action.

Hope this helps.

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Answered on 7/15/09, 2:26 pm
Grady Wade Wade Law Firm, PLC

Re: wills/ trusts

Mr. Scher is correct. If you solely own the property and there are no liens or deeds of trust recorded against it, no one can foreclose. However, if it is just a matter of recording a valid lien or obtaining a valid judgment against you, among other things, there is little you can do.

I would need more facts to give you a better answer. It would be wise to contact a lawyer to help you determine what is the best course of action.

Hope this helps.

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Answered on 7/15/09, 2:26 pm


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