AboutPaul D. Friedman, M.A., Ph.D., J.D. Expertise I have had a real estate license in the State of Arizona since 1986 and have been a Civil Trial Attorney since 1989. I also am an owner and Designated Broker for Attorneys Realty, LLC.
I can answer questions related to the ethics of your real estate agent or broker. I do not give legal advice over the internet.
Experience I am a licensed attorney, real estate broker and adjunct professor.
Experience in the area Licensed in Real Estate in the State of Arizona since 1986 and as a trial attorney since 1989 plus a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics.
Organizations State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
Licensed in the United States Supreme Court American Bar Association National Board of Trial Advocacy
American Association for Justice Arizona Trial Lawyers Association
American Society for Bioethics and Humanities Kennedy Institute of Ethics National Association of Realtors Arizona Association of Realtors Scottsdale Area Association of Realtors
Education/Credentials Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004 Doctorate of Philosphy 2006
Awards and Honors Phi Beta Kappa
Multiple Who's Who
Publications A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM
Question QUESTION: I hold a counter-offer on a foreclosed property in Tucson, AZ. I have not purchased a foreclosed home before and some of the wording in this counter-offer is making me nervous. I would like to know how to go about finding and liens or judgements against the property. The Realtor say that foreclosure wipes the title clean. If that is true, why is it necessary for them to put statements in the counter-offer saying they are not responsible for any liens and judgements place on the property? I am unsure of how to check this for myself. The realtor is both the sellers and mine, so I have a little problem trusting everything he has told me. Especially now that I have seen some of the statements in the counter-offer. I have a non-refundable deposit going with the counter-offer so I would like to be sure of these things before returning it.
Thank you.
ANSWER: Ryan
I am uncertain as to a few of the terms you are using and want some clarification.
First off, why would there be a counter-offer on a foreclosure? Are you indicating the property was bought at a foreclosure by the bank and they are now selling it to you or are you indicating you bought the property at a foreclosure sale on the Court Steps of Pima County?
The second issue is how was this property foreclosed? Was it based on a deed or was it a true foreclosure from a lien?
There are some practical things you can do. Check with the Pima County Recorders Office to see if there are any listed liens. Most likely, any tax liens would not expunged by the foreclosure and you may be subjected to paying those liens.
Another piece of advice is to make your requests to your Realtor in writing and have the Realtor respond in writing. If the Realtor provides poor advice, you will have subsequent recourse if it is in writing. You are correct in being skeptical if the Realtor is working as a dual agent.
You may wish to consider a Real Estate attorney in Tucson. You can find Certified Specialists in Real Estate by going to www.azbar.org. Under "legal resources" click on "Find a Certified Specialist".
I wish you the best.
Very truly yours,
Paul D. Friedman, M.A., Ph.D., J.D.
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QUESTION: I can see that I need to do some more research. The property was bought by the bank and being sold through Integrated Asset Services and a local Realtor. I do not know much/anything about the foreclosure. I will be finding out. Is it possible for a lien and/or judgement to be pending on this property which I would have to assume after purchasing it? Thank you for your response. I will definitely do some more research.
Answer Ryan,
Most likely the bank buy-back extinguished the inferior liens, however, tax liens are always superior and the foreclosure most likely did not alter the responsibility of paying those back.
It just depends on the circumstances and I would suggest it would be a worthy investment to speak to a Certified Real Estate Attorney in Tucson.
