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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33707
Experience:  15 years real estate, Realtor. Landlord 26 years
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My dad recorded a deed to sell a single family home back in

Customer Question

My dad recorded a deed to sell a single family home back in 1962. My dad passed away 6 years afterwards. the buyer never filed a deed in his name. My dads construction companies name is ***** ***** the existing deed with the buyers name listed secondary. The property has several tax liens on it.
i received a letter from an attorney stating that the property had been sold to "Serie L.L.C. Enclosed was a check for $5.00 and instructions to sign and notarize a Quit Claim Deed(A.R.S. 12-1103(B). also stated was reference to A.R.S. 12-526 saying that the buyers claimed title to the property for over 30 years with out any legal action denying their legal rights to and possession of the property.
The attorneys contend that the mortgage was paid in full but never recorded. I would guess that it was never paid and since my dad died it was never pursued.
How could this property be sold? What position should I take concerning the property? should A.R.S. 12-526 even apply since my dad had a cotract with the buyers giving them possession of the property.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Basically if the person who is on the deed with father's company as the legal owner has prevented the company or its representative from entering or using the property for at least ten years, then they can legally claim ownership of the property under ARS 12-526. So the fact that we are talking over 50 years later would put this well past the civil statute of limitations for them to claim the property solely.

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Even if there was a mortgage, it too would be long past the statute of limitations for collection because even if it was a 30 year mortgage, the time to collect on it would be 6 years after it finally came due, for a total of 36 years...

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So under any scenario that arises, the other person on the deed can legally claim that they have extinguished any interest that father or his company had in the property.

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What they are trying to do is avoid having to spend a few thousand on the attorney filing a "quiet title" lawsuit against all father's heirs and get a judge to order that the other person legally owns the property solely. They will win if they do, but it will cost them quite a bit of money to do so.

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With that said, you could hold out for a little more money if you wanted to do so because it will make it harder and more expensive on them if you don't sign the quitclaim.

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thanks

Barrister