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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 2982
Experience:  associate attorney
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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: 9 months ago.
Category: Real Estate Law
Customer: replied 9 months ago.
I have to file my motion to dismiss and answer to there complaint tomorrow
Expert:  Christopher B, Esq. replied 9 months ago.

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

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.

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Expert:  Christopher B, Esq. replied 9 months ago.

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Thank you in advance.

Expert:  Christopher B, Esq. replied 9 months ago.

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

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