Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

My dad recorded a deed to sell a single family home back in

Customer Question
1962. My dad passed away...
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: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 12 minutes by:
3/21/2016
Real Estate Lawyer: Barrister, Lawyer replied 1 year ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,527
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

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.

.

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.

.

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...

.

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.

.

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.

.

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.

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,527
39,527 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

39,527 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Lori, If the seller agrees to pay off the Federal tax lien,
Lori, If the seller agrees to pay off the Federal tax lien, should I move forward to close it? Is there any risk to do this?… read more
Lori
Lori
Juris Doctor
288 satisfied customers
I signed a construction contract with a builder and closed
Hi, I signed a construction contract with a builder and closed on my loan in November 2017. I paid the builder/architect 1800.00 for the plans, 1000.00 down payment and 9500.00 in closing costs. He pa… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,366 satisfied customers
We are buying a new construction home, the list price was
We are buying a new construction home, the list price was 475K. It was the end of the year so the builder made it seem like they were having a clearance and the price was reduced...we agreed on a 405K… read more
Barrister
Barrister
Lawyer
39,527 satisfied customers
Time is of the essence" in a construction contract. what
quot;time is of the essence" in a construction contract. what damages can i collect if my only direct consequential loss was inconvenience? I was scheduled to relocate to my winter home Nov1; contract… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,289 satisfied customers
I am building a house and almost done. It is a construction
I am building a house and almost done. It is a construction loan. Our builder has an amazing reputation and waiting list . He has been in the business 30 years. We just noticed he did not put a warran… read more
Barrister
Barrister
Lawyer
39,527 satisfied customers
I have a mortgage note, and the deed restrictions state,
I have a mortgage note, and the deed restrictions state, that I am to preserve this liens priority as it is established in this deed of trust. I have some taxes to pay and want to take out a tax loan.… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
Do construction companies usually require non-refundable
Do construction companies usually require non-refundable deposits before beginning house construction? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
My daughter is at UF in a newly constructed bldg. There are
My daughter is at UF in a newly constructed bldg. There are 1400 beds in the bldg. Everyone is upset that none of the amenities have been completed yet we are still paying full rent. Do we have any “l… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
If buying a home with unpermitted construction i.e. an extra
If buying a home with unpermitted construction i.e. an extra family/sun room, will the potential back tax penalty be based off the extra square footage of the house at sale? Will there be any back tax… read more
KLAW
KLAW
Juris Doctorate
1,769 satisfied customers
In 1999 I got a tax lien loan, I paid off a tax lien on
Hello My Name is*****: Where is the property located? Customer: In 1999 I got a tax lien loan, I paid off a tax lien on three lots 282,284.285 in 2005, But the release of lien only has lot 284,285. Th… read more
Barrister
Barrister
Lawyer
39,527 satisfied customers
We are a construction company in Wisconsin and we are on a
We are a construction company in Wisconsin and we are on a job site and our north property line is parallel to Canadian Pacific Rail road. Our new building foundation is 2'-0" off of the north propert… read more
Damien Bosco
Damien Bosco
3,390 satisfied customers
I just purchased the mortgage rights and recorded a deed to
I just purchased the mortgage rights and recorded a deed to a property in Jefferson Co Ala. This property has a tax lien against it that was purchased by a corporation and was turned in for a subseque… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have an FTB expired, 20 year old tax lien on my public
I have an FTB expired, 20 year old tax lien on my public record. Can it affect the selling if real property?… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,925 satisfied customers
Can a tax lien holder (me) buy the house if the owner is I
Can a tax lien holder (me) buy the house if the owner is I foreclosure, and owes the HOA ove $25,000., or how does this work. I know he has to but the lien back from me at a am interest rate,, But I w… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,321 satisfied customers
I have a tax lien on my credit report filed on 7/15/10. I
I have a tax lien on my credit report filed on 7/15/10. I used to own a condo in florida and had to let it go. It was short sold, but the taxes were not addressed I suppose. I reside in GA and now and… read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers
I purchased condo through state tax lien. The HOA president
I purchased condo through state tax lien. The HOA president informed me of lien from HOA & a federal lien. What are my options? … read more
Damien Bosco
Damien Bosco
3,390 satisfied customers
In Alabama, I invested in a tax lien tax eventually became a
Hi, In Alabama, I invested in a tax lien tax eventually became a tax deed. I found that the deed had past due excessive HOA fees and liens, and the mortgage is more than the value of the condo. How do… read more
Damien Bosco
Damien Bosco
3,390 satisfied customers
State of Alabama I bought a tax lien foreclosed property in
State of Alabama I bought a tax lien foreclosed property in Tuscaloosa, AL. I paid the taxes up for the past three years and was awarded the Tax Lien Deed and it has been registered in the Tax Assesso… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,207 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x