How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 2677
Experience:  associate attorney
84496330
Type Your Real Estate Law Question Here...
Christopher B, Esq. is online now
A new question is answered every 9 seconds

Owner filed a forcible detainer on myself for home purchased

Customer Question

Owner filed a forcible detainer on myself for home purchased under a wrap around owner carry contract. Can they do that? Also can't I ask for cased to be dismissed since a genuine dispute exists that can only re resolved beyond the limitations of a summary forcible detainer action and in a context of conventional civil action
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Arizona
JA: Has any paperwork been filed?
Customer: Yes we have trial nov 1
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Real Estate Law
Customer: replied 1 month ago.
I have to file my motion to dismiss and answer to there complaint tomorrow
Expert:  Christopher B, Esq. replied 1 month ago.

My name is ***** ***** I will be helping you today. Thank you for your question and for using justanswer.com.

Arizona law does define the default periods. Depends on the type of documents used, it would most likely fall under foreclosure rules or forfeiture rules. In a typical seller carry, a forfeiture most likely applies. You may forfeit your interest after 30 days if you have less then 20% of purchase price paid. Refer to A.R.S. 33-742. If this is the case, it is possible that upon default of the land contract, the court could allow a forfeiture of equity and permit an eviction by the seller, or the court could require a JUDICIAL foreclosure (longer and more expensive process than a Public Trustee foreclosure). The court’s decision is based on equitable factors, that is what is fair in the situation considering the buyer’s equity (size of down payment, accumulated equity, improvements, etc). It really comes down to what the contract provides, the document should give your answer but an eviction is possible with the right language and right circumstances but that will be up to the court. Again, check your contract. Specifically look at the paragraphs that are related to refinancing and time frames for doing so. Typically foreclosure is used for non-payment.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will be greatly appreciated. See link for how to rate: http://ww2.justanswer.com/help/how-do-i-rate-answer-hl

Expert:  Christopher B, Esq. replied 1 month ago.

Was that the answer you were looking for? Please give me some feedback if not as I want to satisfy my customers. If you are satisfied, please rate my answer as this is the only way I will be compensated for my time by the site. See "rate an answer" on the following link for how to do so: http://ww2.justanswer.com/help/how-do-i-rate-answer-hl

Thank you in advance.

Expert:  Christopher B, Esq. replied 1 month ago.

Just checking back in, do you have any further questions?

Related Real Estate Law Questions