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Real Estate: Arizona/Questions Answered by Expert Bill Iannelli
| Subject | Date Asked |
| Landlocked in AZ? | 11/10/2011 |
| Q: I purchased a real estate tax lien in AZ on a vacant property, on which the taxes paid now in ... A: I am not an attorney and this is a very complicated issue. Here is a better understanding of the ... | |
| Road Easements | 10/29/2011 |
| Q: I live in a neighborhood that has a private dirt road that is the only entrance to all the ... A: That's strange, sounds like he does not like people using the road. When the road easement was ... | |
| Forcible Detainer Hearing | 10/18/2011 |
| Q: Is it feasible to ask to stay in home longer due to needing more time to look for apartment/condo? ... A: This will all depend on the person or company doing the detainer. The law is pretty cut and dried, ... | |
| Loan funding | 8/17/2011 |
| Q: I wired funds and signed the closing documents for a house in Pima County, AZ on 8/9/2011, it is now ... A: There is no legal time frame. You really have to rattle cages and go up the chain of command. I ... | |
| apartment bedbug infestation | 7/27/2011 |
| Q: My college-age brother along with his 3 roommates have rented an apartment that is infested with ... A: I would go at this as a safety issue under "safety and inhabitable conditions" in the Arizona ... | |
| Tenant's rights when dealing with mice infestation | 6/26/2011 |
| Q: My daughter just rented a place in Tempe, Arizona with 3 other college roommates and house is ... A: You are correct. It will be become a breach if it's not corrected. Google a copy of the Arizona ... | |
| property I rent is getting foreclosed on | 5/19/2011 |
| Q: we amongst 7 neighbors all rented from the same person that is getting foreclosed on and he's been ... A: The judge would grant eviction if it got that far. Period. 5 day eviction notice, then he will get ... | |
| deposit | 5/19/2011 |
| Q: I put a deposit down on a house and have since changed my mind about renting the house. I requested ... A: You never put a deposit down before first filling out an application and paying for a credit report. ... | |
| property I rent is getting foreclosed on | 5/18/2011 |
| Q: we amongst 7 neighbors all rented from the same person that is getting foreclosed on and he's been ... A: Even if he is not paying the mortgage the terms and conditions of the lease are in force. That ... | |
| tax ramifications on renting primary residence | 5/17/2011 |
| Q: we've moved to another state, & to reduce expenses want to rent out our personal residence in AZ ... A: You need to obtain a tax license from the city the rental is located in and pay the monthly tax. ... | |
| Rental Property in Tucson | 4/18/2011 |
| Q: We have a condo in Tucson that we've hired a property management team to handle the annual rentals ... A: They are in control since they handle the money and can deduct it. Again it depends on how your ... | |
| Rental Property in Tucson | 4/18/2011 |
| Q: We have a condo in Tucson that we've hired a property management team to handle the annual rentals ... A: I would really read your property management agreement with the company. Sounds to me like there is ... | |
| Commercial property in foreclosure - Tenants’ options with new lease | 4/17/2011 |
| Q: I am 7 months into a 24 month commercial lease. Rent is 2,500 a month. The bank foreclosed on the ... A: You are correct with the attornment clause, the bank can hold you to the lease. Now they want to ... | |
| AZ ST TAX ramifications re: foreclosure | 4/11/2011 |
| Q: Our foreclosure was completed in Feb 2011. I understand that the 1099C that we will receive from B ... A: This is a grey area. If you did not realize a gain on the property there should be no taxable ... | |
| writ of restitution | 4/6/2011 |
| Q: You cannot give legal advice but you can give legal information but that is a contradition because ... A: I don't know which question you are speaking of Arthur. The most recent one I received was this: ... | |
| utilities turned off by tenant | 2/13/2011 |
| Q: I did not renew contract with management co. after tenants lease was up. Lessees had all utilities ... A: Ask to speak with management company designated broker. I don't know who irate agent is that you ... | |
| Title Transfer | 2/8/2011 |
| Q: My house is still in botn mine and my ex-wifes name. I know a quitclaim deed is required to get her ... A: If both names are on your original deed (your purchase deed) or if you were married in the time you ... | |
| Title Transfer | 2/7/2011 |
| Q: My house is still in botn mine and my ex-wifes name. I know a quitclaim deed is required to get her ... A: You will need to have an attorney to complete the process if she can't be found or refuses to honor ... | |
| Real Estate Loan | 1/18/2011 |
| Q: In the state of Arizona what is the legal definition for the term demand feature? Under the section, ... A: A demand clause is even better (for the lender) than an acceleration clause. An acceleration clause ... | |
| Road Easement Responsiblities | 1/7/2011 |
| Q: I live in a more rural part of Prescott Valley. While we have CCR's (I am not sure they are ... A: Not a good situation. My plan of attack for now would be to speak to someone with a grader and try ... | |
| Rural acreage with POA | 11/2/2010 |
| Q: I live in a very rural area of NE AZ where all properties are 36 and above acres in size and I raise ... A: Wow what a complicated issue. You should of retained a good real estate lawyer early on. Looking ... | |
| Commercial Property Foreclosure | 10/4/2010 |
| Q: I own commercial property in Mesa. I purchased the property in 2006, and have faithfully made the ... A: If this is not an owner occupied property you could be liable for a deficiency. I would not act ... | |
| trustee's sale leased property - rights of tenant | 9/22/2010 |
| Q: On August 10th I signed two year lease beginning Sept 1 for a 1,900 sq ft unit retail space on ... A: If the property is sold to an individual prior to the sale they would have to honor the lease and ... | |
| Want a low appraisal on Tucson Home | 9/20/2010 |
| Q: I have to get our home appraised here in Tucson, 85712, because I want to "strip" the $27,000 2nd ... A: Zillow and Cyberhomes have nothing to do with the market value of the home. They are usually too ... | |
| Breaking my lease with a tenant | 9/18/2010 |
| Q: A tenant renting a room from me; shares the house with myself (owner/occupant) & one other person. ... A: It depends on what the lease states. It should contain something about general safety and clean up. ... | |
| foreclosure | 9/13/2010 |
| Q: I sent modification forms in 5-14-2010 and in 6-02-2010, next thing I know they are posting a ... A: You would of been notified via certified mail and posting the trustee sale notice on the property. ... | |
| Options | 9/1/2010 |
| Q: I have a home in AZ that I have owned for a number of years. I lived there for 6 years and left two ... A: Big rock and a hard place. A deed in lieu would be giving the house back. It would make no sense ... | |
| after foreclosure | 8/30/2010 |
| Q: What does one do when not qualififying for a loan modification and a trustee-sale takes place. We ... A: Loan mods are a real pain and rarely work out. Not much you can do now if the sale date is two days ... | |
| 30-day notice not given | 8/25/2010 |
| Q: I rented an apartment to a gentleman who signed a 6 month lease ending this month, 8/31/10. The ... A: Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security ... | |
| eviction | 8/22/2010 |
| Q: I am currently buying a home on contract and I have set up three different payment dates for the ... A: It depends how everything reads. Arizona requires a 5 day notice be sent out for non payment of ... | |
| evictions | 8/2/2010 |
| Q: We gave our landlord notice that we were moving at the end of Aug and later my husband had got layed ... A: What article are you talking about? If you don't vacate they will have to obtain a forcible ... | |
| PM ongoing problems | 6/11/2010 |
| Q: I recently contacted you and you answered my question. Now, I have received 2 end of month ... A: 8 to 10% management fee is a normal rate in this area. Before signing the contract you should of ... | |
| trustee sale and tenant/landlord resposibilities | 5/25/2010 |
| Q: background, I have a house in Goodyear, AZ and it was put on Trustee Sale. I have been working with ... A: You have done good research. They are on a month to month since a new lease was not signed. If the ... | |
| Tenant's Rights | 5/16/2010 |
| Q: Greetings, I'm in a 1 year lease on a house in Tucson which ends in November, and the owner is ... A: What is LL? I will call them listing agent. You will not be reimbursed for doggy care, you do not ... | |
| PM duties | 5/15/2010 |
| Q: We have a home in Az, we are in Mass and hired a PM Company (by default as the realtor couldn't sell ... A: The guidelines would be spelled out in the lease or discussed prior to renting. Like I said your ... | |
| Development Banking | 5/13/2010 |
| Q: I am James and have an interest in investing in properties. I have never invested in USA before, and ... A: It's legal but I sure don't like it. Questions to ask. What is the value of the land, show me ... | |
| realestate problem | 4/25/2010 |
| Q: How can someone you don't know go and do a quick claim on your house , that they have not owned ... A: There is no such thing as a quick claim deed. I think you mean QUIT CLAIM deed. Need more ... | |
| landlord not maintaining pool | 4/19/2010 |
| Q: I rent a residential home in Gilbert, AZ. In the lease agreement, it states that the landlord will ... A: If there is a material noncompliance by the landlord with the rental agreement, such as maintaining ... | |
| tax liability after foreclosure and credit report | 4/12/2010 |
| Q: Our house is in foreclosure and our property taxes are past due. (We are out to of the house because ... A: They can and will fine you. These fees will be wiped out if the house goes back to the bank. ... | |
| tax liability after foreclosure and credit report | 4/9/2010 |
| Q: Our house is in foreclosure and our property taxes are past due. (We are out to of the house because ... A: Property taxes survive a foreclosure. If the property sells at the trustee sale which probably ... | |
| Waiting Period to Receive Keys After Closing | 3/26/2010 |
| Q: A relative of mine is closing on a residential property in Glendale. He has been told that he will ... A: Home keys should be delivered upon recording and funding of the loan. Usually the title company ... | |
| I am a Tenant and the Owners are now in Foreclosure/Trustee Sale/They did not inform us/Breach Contract Rental Agreement? Forfeit Lease? I live in Riverside, CA | 3/24/2010 |
| Q: The owners of my house have let the house go into Foreclosure and into Trustee Sale. Have they ... A: The terms of your lease still apply. This is a huge problem, the owners should of alerted you. ... | |
| Property Management in Arizona | 3/23/2010 |
| Q: I am interested in starting a business as Property Manager in Arizona. Is there another way to be a ... A: No way around it, you need a real estate license. You can manage your own properties without one. ... | |
| mortgage docs | 3/20/2010 |
| Q: Where in the mortgage loan docs would it state whether it was a non recourse loan or not? Or is it ... A: In Arizona, absent some agreement, rule or statute to the contrary, a lender can generally seek a ... | |
| Is it Community property | 3/18/2010 |
| Q: In 1996 my step mother purchased a home in Kingman, AZ. My Father was out of the state at the time ... A: The spouse should have a community interest under these circumstances- His heirs may need to file a ... | |
| raw land purchase from bank | 3/12/2010 |
| Q: we made full asking price offer to bank for 3 acres. The bank turned us down because they said they ... A: The bank or anyone else can take any offer they choose regardless of price. Many first time home ... | |
| HOA liens | 3/3/2010 |
| Q: The HOA recorded a Notice of Lien for $484 the day after the HOA received the mis-addressed ... A: This is always a problem with a short sale transaction. I always tell the homeowner to keep the HOA ... | |
| Forclosing in AZ | 3/1/2010 |
| Q: hopefully you can help me with a few questions. I have kind of a complicated situation and don't ... A: As outlined in Arizona Revised Statutes, Title 33, Chapter 6.1, a person may not be sued by his ... | |
| foreclosure eviction | 2/25/2010 |
| Q: I HAD BEEN WORKING WITH MY BANK ON A TRIAL MODIFICATION FOR THE PAST SIX MONTHS. I HAD MADE ALL ... A: If nobody purchases the house at the trustee sale the property will go back to the bank. If you ... | |
| Property Management Agreement | 2/24/2010 |
| Q: I own property with two others. We are all on title. We would like to rent it out with me handling ... A: Unless someone like myself is managing the property for you, all the owners would need to sign. If ... | |
| Northern AZ - rural acreage with easements, grading | 2/20/2010 |
| Q: Mr. Iannelli, First of all, let me thank you for considering my question. If you can not answer it, ... A: It's funny what people fight over. Speed bumps. Looks like the association should set some rules ... | |
| Forclosure tax burden | 2/17/2010 |
| Q: I am very troubled by a recent 1099 that we received in the mail from Wells Fargo mortgage on a ... A: Just because you received a 1099 does not mean you will owe the money. There is a certain way to ... | |
| Evictions | 2/4/2010 |
| Q: My favorite restaurant closed down. What I believe to be an eviction notice is taped to the window ... A: I don't when they changed the locks. No trial, it will depend on how the lease reads with regard to ... | |
| Evictions | 2/4/2010 |
| Q: My favorite restaurant closed down. What I believe to be an eviction notice is taped to the window ... A: Looks like they didn't pay rent. This is a commercial lease and the statue reads: A. When a tenant ... | |
| property management fees | 1/22/2010 |
| Q: I hired a property management company to manage my property in July 2009. My experience with this ... A: This is why I started managing properties for my clients and others. Every time I referred a ... | |
| Pool barriers | 1/20/2010 |
| Q: I am wanting to put a pool in at my far west Sedona 3 quarter acre property. I am having trouble ... A: Let's handle the pool barrier law first. In 1991 Arizona passed the pool barrier law requiring an ... | |
| show me the note: acceptance of mers copy | 1/14/2010 |
| Q: Isn't there is a difference between an electronically signed document which mers was designed to ... A: I have spoken at great length with my real estate attorney on this subject. It's the latest fad in ... | |
| Buyer involvement with a short sale status | 1/9/2010 |
| Q: I am a buyer who has a signed agrrement with a seller of a home in Arizona that is considered a ... A: You could call the selling agent but it won't do you much good. Depending on the bank it will take ... | |
| AZ property tax liability after foreclosure | 1/7/2010 |
| Q: My friend went through bankruptcy last spring and has not had a consistent job for more than a year. ... A: You answered your own question. The city will not go after her for back taxes. That will be the ... | |
| poo barriers | 1/6/2010 |
| Q: A tenant with small children wants to rent a property with a pool in the city of Phoenix. There is ... A: Let's handle the pool barrier law first. In 1991 Arizona passed the pool barrier law requiring an ... | |
| Earnest deposit refund | 1/4/2010 |
| Q: My wife wanted to lease a house in Sun City and gave the realtor $650 as an earnest deposit that ... A: If she didn't sign the lease you should have a right to the earnest deposit refund. Deliver a ... | |
| Flipping out | 11/30/2009 |
| Q: I never got sent paper work with a realestate agent to rent my property, The next thing i know she ... A: Your problem could be solved if she is not paying rent. You can go through the process and evict ... | |
| notice of trustee sale | 11/28/2009 |
| Q: I've received a "notice of trustee sale" on my front door recently.I have not been able to negotiate ... A: Call and ask for loss mitigation and see if you are eligible for a loan modification program or try ... | |
| Flipping out | 11/25/2009 |
| Q: I never got sent paper work with a realestate agent to rent my property, The next thing i know she ... A: Sounds crazy. Call her broker and set up meeting with her and the broker. Did you agree to have ... | |
| short sale taxes | 11/6/2009 |
| Q: I have a question about short sale taxes on an investment property. Three partners and I bought a ... A: If you are the only one on the title and note the IRS will probably make you responsible for the ... | |
| Writ of Restitution Eviction date extention | 11/6/2009 |
| Q: I received a writ of restitution with an eviction date of 11/9/2009. What are my possibilities on ... A: If you are not out on the 9th the sheriff or constable will come out and tell you to leave. ... | |
| Foreclosure tax questions | 10/20/2009 |
| Q: I bought my home in Gilbert about four years ago when the market was crazy for 238k, but over the ... A: You should be ok but that does not mean the bank won't try to come after you for the taxes even ... | |
| rental foreclosure | 10/15/2009 |
| Q: I purchased a condo 3 years ago in AZ and can no longer maintain the negative cash flow - It has ... A: Once again this depends if the property is owner occupied and if the money borrowed was purchase ... | |
| Eviction | 10/15/2009 |
| Q: I am being threatened eviction from my landlord. I am currently 15 days late on rent. I have had ... A: You still have to live up to the terms and conditions of your lease with regard to paying rent. Of ... | |
| Relocation Co. | 10/15/2009 |
| Q: We have a home in Washington on Hood Canal. It is worth approx. $200,000. My wife has a new job in ... A: Usually big companies have relocation companies they worth with for employees being transferred. I ... | |
| rental foreclosure | 10/8/2009 |
| Q: I purchased a condo 3 years ago in AZ and can no longer maintain the negative cash flow - It has ... A: As outlined in Arizona Revised Statutes, Title 33, Chapter 6.1, a person may not be sued by his ... | |
| It seems complicated | 10/7/2009 |
| Q: My wife and I bought a very small 12-unit complex in a very rough part of Phoenix. The seller ... A: Wow very complex financing. It you did a wrap you still should be responsible for the first. A ... | |
| Tenant Rights - forecloser | 10/6/2009 |
| Q: I woke up September 1, 2009 to a noticed on my rental condo that the property was being auctioned ... A: The original lease is still valid. Most owners work out reduced rent with the tenant but they don't ... | |
| question | 10/1/2009 |
| Q: I am a victem of this poor econony, too , and 2 payments behind in my HOA (we pay quarterly / $375 a ... A: This is not intended to be legal advice. Because HOAs are "secured creditors", debtors generally ... | |
| Landlord not returning any of my deposit | 9/29/2009 |
| Q: I am in AZ. I rented commercial office space. It has been 90 days since my lease has termed. The ... A: That's all very good, keep in mind I am not an attorney and this is not meant to be legal advice. ... | |
| Landlord not returning any of my deposit | 9/29/2009 |
| Q: I am in AZ. I rented commercial office space. It has been 90 days since my lease has termed. The ... A: My first thought would be to also take the owner of the property to small claims. It all depends ... | |
| Forclosure Question | 9/15/2009 |
| Q: I have a home that has been on the market for over 4 months, I listed it not only with a realtor but ... A: The worst case scenario is 90 days from not paying your first months payment. I have seen them drag ... | |
| is a hold on a specific apartment considered a contract? | 9/9/2009 |
| Q: i put signed an application and gave my debit card for for a 50 dollar hold on a specific apartment. ... A: I am not an attorney but how were you damaged? You would have to show damages and I don't see it. ... | |
| Renting a house in PHX, AZ | 9/8/2009 |
| Q: I am renting out a home in PHX, AZ for $1000/ month. It is in a middle class neighborhood and I was ... A: Sorry this is late I have been out of town. I manage and own similar homes to the one you have. I ... | |
| HOA Fees after foreclosure | 8/29/2009 |
| Q: I have a question in general regarding HOA fees after foreclosure starts. Each HOA is different, I ... A: Once you fall behind $1200 the HOA can put a lien on the property you are letting go. If the ... | |
| breaking a contract | 8/25/2009 |
| Q: We signed to sell our home on May 11, 2009. price was $283,900. a few weeks ago we dropped it to ... A: You should of received a copy of the contract when you signed. That's a big no no on the agents ... | |
| trustee sale | 8/24/2009 |
| Q: I am currently renting a home in AZ and have a feeling the house is going to foreclosure. Is there ... A: Go to the county assessor website and type in parcel number and or owners last name and property ... | |
| Special Assessment for Roof | 8/13/2009 |
| Q: The shingled roofs on our small Mesa, AZ. community of 18 condo's are in desperate need of ... A: This will be a very difficult process with the banks. You will need to monitor when the property ... | |
| Receipts for Move-Out Costs | 8/13/2009 |
| Q: Am I required to give the tenants receipts for move-out costs. I have supplied them with a breakout ... A: If you clean it would have to be a reasonable amount. Before and after pictures would help. This ... | |
| Receipts for Move-Out Costs | 8/12/2009 |
| Q: Am I required to give the tenants receipts for move-out costs. I have supplied them with a breakout ... A: You have 14 days to provide an itemization of the charges against the security deposit along with a ... | |
| appraisals | 8/8/2009 |
| Q: Bill, not sure you can answer this but I have a question regarding the appraisal process. I am in ... A: This has become a large problems. Appraisers are erroring on the side of caution and being very ... | |
| Determining carpet value for replacement charge | 8/8/2009 |
| Q: I lived in a house in Sierra Vista, Arizona for 10 months and vacated the house on 23JUN09 and ... A: Asking for one months rent would probably be thrown out by a judge. The value of carpet will be ... | |
| Determining carpet value for replacement charge | 8/8/2009 |
| Q: I lived in a house in Sierra Vista, Arizona for 10 months and vacated the house on 23JUN09 and ... A: You made key mistakes all along the way. You said the money taken out of deposit was agreed to be ... | |
| real estate tax lien | 8/7/2009 |
| Q: I opened my mail a few days ago to find a notice from the Pima County tax 'police' that my house ... A: You should hire a lawyer. The title company should of issued title insurance and this is one of the ... | |
| Foreclosure/Evuction | 7/28/2009 |
| Q: My name is James and I an recovering from a stroke and partly handicapped, after A year of recovery ... A: They have to go through the eviction process which they are doing. Go to the hearing August 4th and ... | |
| Chase forecloses on WAMU construction loans. | 7/18/2009 |
| Q: I had a construction loan with WAMU and when Chase took them over they sent me a trustee notice of ... A: Why did you stop making payments? Making payments would stop the foreclosure process. I would keep ... | |
| I am a renter and need advice. | 7/17/2009 |
| Q: Okay I am having an issue with the property management company I deal with in Goodyear, AZ. Besides ... A: I take it the due date on your rent? When is your rent due? Did they tell you? Why would you sign ... | |
| tenant rights under lease | 7/17/2009 |
| Q: Am one year into a two-year written signed lease (single family residence, AZ). My LL emails me to ... A: Landlord can choose to sell. There is no time frame to tell you when. If house would sell person ... | |
| Recovering Deposit money | 7/14/2009 |
| Q: My landlord kept $118.00 of my deposit money and charged me $35.00 in legal expenses. Reason being ... A: Write a letter demanding payment. If not you will have to go the small claims route. Under Arizona ... | |
| Notify bank of intent to foreclose? | 7/13/2009 |
| Q: Now that I've met with several attorneys and will be foreclosing on my home, what is the proper ... A: There is no way to expedite the process. It could take 3 months to a year before it's complete. ... | |
| Come home often to find the owner's have been on the property where I rent from someone else. | 7/8/2009 |
| Q: What is the tenets (me)rights for the owners to come onto or into their property -- if they lease ... A: I don't know what on the property means. Here is the what the landlord/property management company ... | |
| Writ of Restitution | 7/6/2009 |
| Q: I moved out of a lease purchase back in May at the owners request because I was behind in rent. He ... A: Crazy, the owner moved in and served himself under your name? Wow. You need an attorney now! Call ... | |
| Writ of Restitution | 7/6/2009 |
| Q: I moved out of a lease purchase back in May at the owners request because I was behind in rent. He ... A: Sounds like he may already have a judgement against you. You would of been notified of a court date ... | |
| foreclosure | 6/28/2009 |
| Q: what are my rights to recover my home after a foreclosure in arizona what steps can i take to remain ... A: What are you trying to fight? Have you made payments on the loan? If not you will lose the house ... | |
| Rental with Pool | 6/27/2009 |
| Q: We are trying to rent a home with a pool and are not clear on the laws regarding barriers. I ... A: The lease we use say's the pool may or may not meet current regulations withe regard to fence and ... | |
| foreclosure | 6/27/2009 |
| Q: what are my rights to recover my home after a foreclosure in arizona what steps can i take to remain ... A: Arizona has no post-sale statutory right of redemption, which would allow a party whose property has ... | |
| Rental with Pool | 6/26/2009 |
| Q: We are trying to rent a home with a pool and are not clear on the laws regarding barriers. I ... A: You are well versed in pool barriers. Here is a link for all the information. Each city could ... | |
| Notice of Trustee Sale on my rental home | 6/20/2009 |
| Q: I came home from vacation to find a Notice of Trustee Sale taped on my front door. My lease says ... A: Usually your lease will become invalid. Write the landlord giving him 30 days notice and your ... | |
| Notice of intent to accelerate | 6/20/2009 |
| Q: I received a letter today from my bank for a Notice of intent to accelerate. It is dated June 2, ... A: They usually send out an agent to conduct a BPO (brokers price opinion). Most of the time they just ... | |
| selling a house question | 6/19/2009 |
| Q: Here is my question, I live in Maricopa, AZ and my wife and I put our house on the market. The idea ... A: Nobody can force you to sell but here are the items to consider. If an agent brings you a ready, ... | |
| Arizona Tax Lien Foreclosure | 6/18/2009 |
| Q: I live in California and have bought three tax liens on the same property. I was told after the 3 ... A: It will take too long to foreclose. Let them sell the house and you will be paid off interest plus ... | |
| Arizona Tax Lien Foreclosure | 6/17/2009 |
| Q: I live in California and have bought three tax liens on the same property. I was told after the 3 ... A: 42-18201. Action to Foreclose Right to Redeem; Applicability A. At any time beginning three years ... | |
| purchase of home | 6/14/2009 |
| Q: My husband has a home that is in foreclosure. His name is on the mortgage. Both our names appear ... A: Interesting question. His credit will be damaged and possibly yours as well since you are married. ... | |
| Lease purchase | 6/12/2009 |
| Q: I purchased a home about 6 months ago where the owner would carry it for two years. The sale was ... A: Sounds to me like you did a lease purchase. If you did a regular purchase you would own the house ... | |
| Foreclosure | 6/6/2009 |
| Q: I have 4 rental properties in AZ with a first and a second interest only 10% down. I can no longer ... A: If you took a first and second out for purchase of the homes only the tax situation will be much ... | |
| Notice of intent to accelerate | 6/5/2009 |
| Q: I received a letter today from my bank for a Notice of intent to accelerate. It is dated June 2, ... A: The second started foreclosure in order to protect themselves from the first. If the first would of ... | |
| multiple offer addendums - foreclosure | 6/5/2009 |
| Q: We put a bid on a foreclosured home that had multiple offers. As a response to the offers they sent ... A: This is becoming common with the amount of buyers trying to purchase these homes. You can sign the ... | |
| Is 2nd Mortgage Non-Recourse if refinanced? | 6/1/2009 |
| Q: I have an 80/20 loan that I need to foreclose. The 20% loan was refinanced to lock the interest ... A: This is a new issue. Go to my website and click on podcast. Listen to the first 15 minutes of my ... | |
| foreclosure | 5/28/2009 |
| Q: We purchased a home in Apache Junction about 5 years ago. It was an 80/20 loan so we had a second ... A: They won't put a lien on the new home you are purchasing. You could hear from the second trying to ... | |
| judgements | 5/15/2009 |
| Q: In the process of receiving a judgement for apartment lease. Moved out at end of lease was informd ... A: Not enough info for me. You moved out of apartment at end of lease and apartment said you did not ... | |
| Short sale failure due to lender misinformation | 5/15/2009 |
| Q: My job relocated and my house had declined by $125K in value so I applied for a short sale. I had a ... A: You could of redone the hud and sent it back which should of corrected the problem. Right now I ... | |
| Rental Security Deposit for unpaid rent | 5/11/2009 |
| Q: I own a property in AZ and I had a year lease rental lease. Last month my tenant said they could not ... A: You can keep the deposit for back rent along with damages. What you need to do right now is deliver ... | |
| Right-of-way | 5/11/2009 |
| Q: I live in a rural AZ area bordered by the Tonto National Forest on one side and the Lost Dutchman ... A: Good luck with this rather complex problem. I would seek the advice of my real estate attorney ... | |
| HOA notice to record lien | 5/10/2009 |
| Q: I own a home in arizona and am currently one month behind on my mortgage payment and 30 days behind ... A: Homeowners must pay the assessments of the HOA on a monthly, quarterly or annual basis, as the case ... | |
| lost mortgage docs | 5/2/2009 |
| Q: Im defending a foreclosure with' produce the note' as my first line of defense and thus far its done ... A: The original note is almost always electronically retained and can eventually be found. Judges are ... | |
| lost mortgage docs | 4/27/2009 |
| Q: Im defending a foreclosure with' produce the note' as my first line of defense and thus far its done ... A: This is the latest fad on stopping foreclosure, making the lender produce the note. I discussed ... | |
| Foreclosure on propery | 4/27/2009 |
| Q: I purchased a property 2 years ago as my primary home. I have currently rented it out for the last ... A: Anything you require before marriage is not considered community property. It will only affect your ... | |
| sell or keep renting out | 4/21/2009 |
| Q: I own a home that was on the market for 7 months before I gave up and rented it out. The renter ... A: That is an easy one for me. I would keep him in the house. Time is on your side. The market is ... | |
| foreclosure or shortsell? | 4/20/2009 |
| Q: Like others afraid when the market was crazy, we bought a larger home because we didn't have enough ... A: I don't know how you pulled off buying another home while you still had the first one. That being ... | |
| Short sell, Mortgage and Deed | 4/14/2009 |
| Q: My buddy is divorced. The divorce reads that they both shall share in the profit or loss in the ... A: You are not getting the entire story. He is still on the deed which means he is responsible. If he ... | |
| Short sell, Mortgage and Deed | 4/13/2009 |
| Q: My buddy is divorced. The divorce reads that they both shall share in the profit or loss in the ... A: Sounds like she is conducting a short sale. If that is correct no sellers can receive compensation ... | |
| short sale effect when more than one home is owned | 4/12/2009 |
| Q: 3 months ago I had to take a job in another state when the company I used to be employed with ... A: There will be no effect on the home you just bought. Here are your potential problems on the ... | |
| Rent house being sold | 4/11/2009 |
| Q: We rented this home in November 2008 state of AZ. It is a 18 month lease. We had been getting mail ... A: Try to reach the landlord via phone and see what is going on. I will tell you what I would do, this ... | |
| Deed in Lieu of Foreclosure | 4/9/2009 |
| Q: I purchased a brand new manufactured home in 2006, was offered employment back East and put it on ... A: If this is your owner occupied house and you let it go to foreclosure there should be no anti ... | |
| Lease option forfeited deposit | 3/31/2009 |
| Q: I had a lease purchase option with a lady on a house I use for rental purposes. The lady was unable ... A: That is a little out of my area of expertise. I asked my CPA John Jones and here is his answer: ... | |
| Arizona\Federal Taxes on a forclosure | 3/26/2009 |
| Q: I am very confused about potential taxes I may owe if I let my home go into foreclosure. I purchased ... A: Wow you are even confusing me. In order to avoid a capital gain you would of had to live in the ... | |
| landlord keeping my $2,000 deposit | 3/24/2009 |
| Q: I gave 30 day notice, moved out on 27th day and asked for a walk around inspection)He said place was ... A: Contact Kevin Harper he is a real estate attorney in Phoenix and tell him I said to call. He will ... | |
| AZ Forclosure | 3/21/2009 |
| Q: I have 4 investment condos purchased in 2006 and a primary residence condo in AZ all of which I am ... A: You can contact the lender and try to do a loan modification on the properties if you want to try ... | |
| breaking lease due to medical problems | 3/19/2009 |
| Q: can a 81 year old lady break a lease due to medical problems? she is unable to take meds on time, no ... A: I did check in Arizona and found nothing that will allow the lease to be broken in that situation. ... | |
| Rentals/foreclosures | 3/17/2009 |
| Q: We have a single family home that we are trying to rent. People who come to look at the house have ... A: I am going to assume you are in Arizona. If so you can direct them to maricopa.gov and they can ... | |
| Roommate Lease Agreements. | 3/9/2009 |
| Q: I recently moved into an apartment complex with a roommate, with both of our names on the year ... A: You have a good case. If you take him to small claims court you might win. Then what? You will ... | |
| Will I be forced out today? | 3/2/2009 |
| Q: Long story short as I am trying to pack a bag of necessities: I was unable to pay my rent for ... A: Usually the constable will give you a day or two to vacate. I would have some sort of proof that ... | |
| abdoned house next door | 3/2/2009 |
| Q: I have a house next door that has been abandoned, It has a pool and i am worried about it becoming a ... A: Pull up tax rolls on the internet and see who ownes the property. If it's a bank call them and tell ... | |
| abdoned house next door | 3/1/2009 |
| Q: I have a house next door that has been abandoned, It has a pool and i am worried about it becoming a ... A: Don't do it yourself. Contact the city you live in and ask for neighborhood services. You will ... | |
| Landlord Tenant - Business space rental | 2/23/2009 |
| Q: The Lease identified there would be CAMS. Three questions: Can the Tenant get a copy (not a list ... A: I am assuming this is a lease you have not yet signed? If so all items you mentioned are negotiable ... | |
| Foreclosure/short sale/deed in lieu | 2/21/2009 |
| Q: I bought a triplex in Arizona for investment. We put 20% down and paid the closing costs. The ... A: Ask California tax professional first. He or she should have answers for you. Things have changed ... | |
| Foreclosure/short sale/deed in lieu | 2/21/2009 |
| Q: I bought a triplex in Arizona for investment. We put 20% down and paid the closing costs. The ... A: I would look at a short sale for the best option. Deed in lieu could work but you need to be ... | |
| Need to short sell house but have 2 year lease | 2/4/2009 |
| Q: because of recent financial issues we are going to have to short sell our rental property. We have ... A: If you can't afford the payment and the house is getting foreclosed upon or you are forced to ... | |
| home in Scottsdale | 2/1/2009 |
| Q: AZ. The previous owners are relocating for work and the relocation company is now the seller. Does ... A: In this situation a relocation company usually handles the sale along with the seller. They often ... | |
| Foreclosure - Non-recourse & Refinance | 1/29/2009 |
| Q: Bill, I refinanced my house two years ago and am now about to go through Foreclosure (I have ... A: When it goes to foreclosure or you do a short sale you may receive a 1099 for the full amount. If ... | |
| foreclosure | 1/20/2009 |
| Q: I owned a property just sold by my mortgage company at auction this property was a vacation property ... A: The person conducting the sale completes the necessary documents to transfer ownership to the ... | |
| Second Loan Repayment | 1/15/2009 |
| Q: I have a first mortgage which is 80% of of my home balance and a second which is 20% of my home ... A: Any junior lien holder such as the second would be wiped out if the first started foreclosure ... | |
| scottsdale prices | 12/20/2008 |
| Q: i have been holding off on buying a home and it proved to be wise as the prices just keep falling ... A: That's as good as any other theory. I would base my offer on the upside potential and what I can ... | |
| scottsdale prices | 12/19/2008 |
| Q: i have been holding off on buying a home and it proved to be wise as the prices just keep falling ... A: The market is near the bottom. It's impossible to time it for rock bottom, but we are pretty close. ... | |
| forcible detainer | 12/3/2008 |
| Q: I live in the state of Arizona. I am filing a forcible detainer tomorrow for not paying the rent and ... A: Who is on the lease you or husband? The person on the lease really needs to be on the paperwork. ... | |
| Eviction | 12/1/2008 |
| Q: I was garnished by the IRS and was not able to pay my rent, I am 2 months late. The garnish was ... A: If you don't show up the landlord will obtain a default judgement. If you are still in the property ... | |
| eviction time frames | 11/2/2008 |
| Q: I have lost my job, and will be unable to pay my rent for November, nor the any subsequent months on ... A: You will receive notice of a court hearing via process server and certified mail. It will have ... | |
| Renting Joint Property | 10/26/2008 |
| Q: Bill, Thank you in advance for your time. My girlfriend and a purchased a home in glendale in ... A: You can sign the lease. What would your case be in small claims court? Did she agree to pay half ... | |
| Suing Landlord | 10/23/2008 |
| Q: Bill, I am thinking of suing my landlord because she is holding my security deposit for the wrong ... A: I would start small claims proceedings now. You should of took pictures before you moved in to show ... | |
| isolated acreage | 10/12/2008 |
| Q: My question is going to seem extremely oddball, but I must know this, and I hope you can help. I've ... A: Most of those barren hills you see are owned by the state or part of larger privately owned pieces. ... | |
| Property Taxes/Insurance during foreclosure. | 10/10/2008 |
| Q: I have a two part question. First is when do we know when the actual "foreclosure" begins? Does it ... A: You will receive a trustee sales notice via certified mail and it will also be posted on the ... | |
| Rental Eviction | 10/8/2008 |
| Q: Due to job situation, I am unable to pay my rent. I didn't pay in September, and was served a 5 day ... A: You will receive notice of a court hearing via process server and certified mail. It will have the ... | |
| not releasing money | 10/7/2008 |
| Q: Is there a law on how long the Management company can hold the renters monthly payment? example ... A: Sometimes they hold the money 10 days if payment is a personal check, but something is going on with ... | |
| Did Landlord break lease? | 10/6/2008 |
| Q: We are 5 months into a 1 year lease and found out the landlord is putting house up for short sale. ... A: If you planning on leaving, demand in writing to the property management a full refund of the ... | |
| Did Landlord break lease? | 10/6/2008 |
| Q: We are 5 months into a 1 year lease and found out the landlord is putting house up for short sale. ... A: Not much recourse since they are losing the house. By law you can require 48 hour notice to have ... | |
| Undisclosed short sale | 9/30/2008 |
| Q: Our kids are in the process of purchasing their very first home. They found one they liked, wrote ... A: Where are the kids agent in this entire process? Don't tell me they went into this unrepresented. ... | |
| Divorced, husband and wife on deed but the husband is not on the mortgage | 9/30/2008 |
| Q: Mr. Iannelli, My friend is recently divorced. His attorney was a waste of time and money. She never ... A: If the mortgage is in her name only she would be responsible. With regard to a short sale, it would ... | |
| Divorced, husband and wife on deed but the husband is not on the mortgage | 9/30/2008 |
| Q: Mr. Iannelli, My friend is recently divorced. His attorney was a waste of time and money. She never ... A: There are a few things wrong with the story. You state for some reason he is not on the mortgage ... | |
| evict my boyfriend | 9/29/2008 |
| Q: How do I do this? Will it need to be in a legal form from an expert? He moved into my home ... A: You need to speak with an attorney on this issue. Contact Kevin Harper at 602-256-6400 ... | |
| Foreclosure | 9/24/2008 |
| Q: Yes I had a question. I had two offers on my house since March of 2008 and have submitted a short ... A: If this property goes to trustee sale, there is nothing for you to do. The bank will set an opening ... | |
| Foreclosure | 9/23/2008 |
| Q: Yes I had a question. I had two offers on my house since March of 2008 and have submitted a short ... A: The short sale process takes time and lenders are very slow to respond. Buyers do get upset and ... | |
| Realtor Access | 7/28/2008 |
| Q: I signed a 1 year lease for a home in Arizona Moving in on June first. The propery manager told us ... A: You can request 48 hours notice before showing the property to potential buyers. Pick up a copy of ... | |
| what to send and how to get money from tenant who doesn't give proper notice as stated in the lease | 7/8/2008 |
| Q: We are renting a house to 4 tenants in Arizona. They emailed us today that they would be moving out ... A: I would hope the utilities are in the tenants name. If so they will be turned off. If you get ... | |
| Builder/Tenant Dispute | 7/7/2008 |
| Q: My wife and I bought a house from a builder in 2006 and immediately leased it back to them to be ... A: I don't understand why are you getting sued. How did a deposit become first and last months rent? ... | |
| what to send and how to get money from tenant who doesn't give proper notice as stated in the lease | 7/7/2008 |
| Q: We are renting a house to 4 tenants in Arizona. They emailed us today that they would be moving out ... A: There really is no form right now. Send them a certified letter stating they are in breach of the ... | |
| Landlord Rights | 7/1/2008 |
| Q: I was notified threw the company renting my house out that the tenants are breaking the lease. The ... A: Sounds very fishy to me. Start the eviction process now. You can do it or hire a reasonable ... | |
| Landlord Rights | 6/30/2008 |
| Q: I was notified threw the company renting my house out that the tenants are breaking the lease. The ... A: First let's review the eviction process. You must give a five day notice notifying the tenant they ... | |
| Your answer to the email "Your Ex" on 12/7/2007 | 6/27/2008 |
| Q: I am in a very similar situation. I am glad to read about the 'Quit Claim' option. However, ... A: Did he sign the loan documents and was his name on all the loan docs? If you were the only one on ... | |
| home willed to daughter | 6/27/2008 |
| Q: My mom has cancer and will not be with us much longer. She just bought her house a couple of years ... A: My first thought is how much is the house worth? Mom could be in a negative equity position with ... | |
| right of way or easement | 6/17/2008 |
| Q: Do I have to go give my new neighor the right of way or an easement to his property which I know is ... A: The best place to go would be the planning and zoning department where the land is located. They ... | |
| short sale's | 6/14/2008 |
| Q: I am house shopping and my realtor won't show me any short sale properties, he says it's nothing but ... A: Short sales are not difficult on the buy end. If the buyer is willing to wait 30 to 60 days for an ... | |
| New Home Construction | 5/28/2008 |
| Q: I'm about 3 weeks away from closing on a newly constructed home (Taylor Morrison)and, after doing ... A: When you signed all of the paperwork to begin construction there should of been a copy of the floor ... | |
| Abandoned House | 4/5/2008 |
| Q: I live near Phoenix, Arizona and the house next door to mine had a minor garage fire by the previous ... A: Jeff: First of all contact the city government office you are in and fill out a complaint for the ... | |
| REO Property | 3/18/2008 |
| Q: My husband and I put an offer in on an REO property in Scottsdale and set to close on 3/25/08. We ... A: If the bank didn't sign the contract you have no contract. I don't know why that happened. What ... | |
| The Ex | 12/8/2007 |
| Q: My ex girlfriend whom we bought a house together is no longer living on the property and not paying ... A: You will have to go through the court system if she is never in the country. They will be able to ... | |
| The Ex | 12/7/2007 |
| Q: My ex girlfriend whom we bought a house together is no longer living on the property and not paying ... A: Your girlfriend will have to cooperate with you in this situation. You need to have her sign a quit ... | |
| Landlord Rights | 11/21/2007 |
| Q: I have tenants that moved into my house. They signed an AZ lease contract. They also signed the ... A: You can hold part or all of a security deposit if the tenant owes you rent or other charges. If ... | |
| Landlord Rights | 11/21/2007 |
| Q: I have tenants that moved into my house. They signed an AZ lease contract. They also signed the ... A: Let's handle the pool barrier law first. In 1991 Arizona passed the pool barrier law requiring an ... | |
| tenant suing for depopsit return | 11/8/2007 |
| Q: I am holding 2nd Fl tenant security because they left behind abused, discolored & filthy carpet. ... A: It looks like you are in Florida. First thing you need to do is google Florida landlord tenant act ... | |
| eviction time frame | 10/11/2007 |
| Q: Can you tell me how long does a prior owner/occupant have until they are required to leave the home ... A: The new buyer must give a five day notice notifying you to vacate the property. Usually that is ... | |
Bill Iannelli
Top Expert on this page
Expertise
Anything to do with residental real estate: Disclosure, title issues, buyer and seller representation, foreclosure, ethics, rentals, landlord rights, evictions, inspection, time frames, Arizona purchase contract. For buying and selling in Arizona contact me at www.realestatematters.org
Experience
22 years in the business. Broker owner of Iannelli and Associates. Have my own real estate radio show "Real Estate Matters" every Saturday afternoon at 1:00 on 1510 AM KFNN. Listen to past shows at my website www.realestatematters.org.
Own my own portfolio of real estate, developer of apartments, commercial real estate and single family homes.
Organizations
National Association of Realtors, Member of both the Phoenix and Prescott multiple listing service.
Publications
Desert Advocate Newspaper Carefree Arizona. Question and answer column. Broker agent news, TV and radio stations.
Education/Credentials
Licensed Real Estate Broker, BS in Education, certified real estate instructor on the code of ethics.
Awards and Honors
Don't want to brag. Not important to the public. They want answers and advice not me telling them how many millions of dollars of real estate I have sold
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