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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 38886
Experience:  Texas Attorney for 30 years dealing in real estate
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Sold Deed of trust to. TRUSTOR in Arizona moved same day and

Customer Question

Sold Deed of trust to. TRUSTOR in Arizona moved same day and didn't have recorded. Promissory Note dated 07/23/2011 executed by Trustor in favor of Beneficiary for 5,000.00. Property's been sold 2014, said sence it wasn't recorded will not get 5,000.00. What do we do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA .I am Ray and will be the expert helping you today.
I would send the trustor a demand letter threatening suit for the $5k since they failed to record it.See if this gets you paid.You also can sue here in small claims for $3,500 here in Arizona on the promissory note.
Reference to small claims
http://justicecourts.maricopa.gov/CaseTypes/smallclaims.aspx
You also have right to sue for full amount but you would need a lawyer to file in higher court and to seek lawyer fees to be added to judgment.
Small claims here if the demand letter doesn't work is probably your only remedy since it was not recorded here.You can file without lawyer for the $3,500 plus filing fees,
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Small claims forms, your county will have county specific ones too, you can complete them onsite.
http://justicecourts.maricopa.gov/Forms/
You would want to attach the note here as the suit on the note to show there was a debt unpaid.

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