June 2021 - MacQueen & Gottlieb PLC

It will take some time to adjust to the new normal, but these HOA guidelines can help make the transition smoother.

Jun 25, 2021|Articles & Insights

5 Things to Know About the Upcoming Residential Eviction Moratorium Expiration in Arizona

As the COVID-19 pandemic continues to create housing challenges, the CDC-ordered residential eviction moratorium has seen several extensions…

Jun 25, 2021|News & Press

Arizona has only dispersed 10% of the $500 million it received from the federal government to offer as rental assistance

The federal eviction moratorium is set to expire at the end of July. The state of Arizona has only dispersed 10% of the $500 million it received from…

Jun 23, 2021|Uncategorized

A Quick Guide to Arizona Litigation Regarding Disputes Over Boundary Lines or Other Encroachments

Disputes over boundary lines or other encroachments are fairly common, but are nevertheless inconvenient for property owners in Arizona. It is in…

Taking ownership of real property and owning a home is one of the most common major life goals. When litigation occurs which challenge or raise defects in title, it can be frustrating and a major impediment to realizing one’s dream of owning real property. If you are a new or prospective property owner, there are important things you need to know about potential title issues and how to handle any litigation regarding defects in title in Arizona. Potential Defects In Title to Real Property A title defect means that there is a claim on your title or land that may prevent you from buying or selling the property in question. These defects form a cloud over either the validity of the title or the true ownership of the property. As a property owner, you need to be aware of the potential defects that titles can have so that you can understand what to look out for before engaging in a transaction. Please note, defects in title can occur in many ways, three of which we will discuss. Defect in Title Due to Public Record Error Any recorded inaccuracies documented on a title concerning the features of your land will mean that there is a defect in title. These inaccuracies range anywhere from the actual size of the land, where property boundaries lay, or a mistake in the address printed on the title. Defect in Title Due to Encumbrances Encumbrances cover a wide range of issues that may affect your ability to buy or sell a piece of property. It covers the different reasons that a third-party may have interest in your land such as an existing mortgage on the property, liens, or even nonfinancial interests, such as easements. Defect in Title Due to Undiscovered Wills This occurs where a prior owner confers ownership of his real property onto another in a will that is not discovered until after the property is sold to another. This presents an issue as it gives another party interest in the land and causes a defect in title as there is dispute as to the rightful owner. To find out whether there is a title defect, you can have a real estate lawyer help you to rule out whether there are any encumbrances, liens, or any other defects that prevent you from buying or selling property. If you have found that there is a defect, then you may need to bring a “Quiet Title action,” which will resolve any clouds on title. Quiet Title Actions in Arizona A quiet title action is a lawsuit that is filed for the purpose of determining the ownership of property and establishing free and clear title. In the instance where we discussed the possibility of a mortgage, a quiet title action will determine whether the property belongs to the mortgagor or the current owner. If there is a defect in title due to disputed state boundaries, then the party will be the state of Arizona and papers will be filed against the attorney general. Any party can bring a quiet title action, whether or not that party is currently in possession of the property. This does mean that any third party can bring a quiet title action against you even if they are not in possession of the property. If a Quiet title action is successful, it will remove defects to the title. A new title will be made and filed with the County Recorder, which makes the old title and the associated defects no longer valid. When to Use Quiet Title Litigation to Resolve Defects in Arizona Although a Quiet Title Action is useful for removing defects from a title, it is important to understand when to employ this option. If the issue can be resolved through both parties agreeing to amend a deed and related documents that give ownership rights, then Quiet Title Litigation is unnecessary. Quiet Title Litigation After Sending Quit Claim Deed There are risks that you can incur even if you win a Quiet Title Action. It is best to file this action only after understanding whether parties with potential interests will attempt to claim the property. Bringing an action against a party that elects to disclaim all rights and title to the plaintiff, will result in the plaintiff having to pay for the defendants’ recovery costs pursuant to A.R.S § 12-1103. In order to avoid this outcome, you can utilize a procedure known as a quiet title action, which gives the defendant the opportunity to relinquish interest in the property. Pursuant to A.R.S. § 12-1103 (b), the plaintiff can send a letter containing: · a Quit Claim Deed to the property · a sum of five dollars This should be sent twenty days before actioning a Quiet Title lawsuit. The letter should also make the clear demand that the defendants sign and return the Quit Claim Deed. If the Deed is not signed, then the plaintiff will be absolved from any duty to handle the defendant’s costs. Quiet Title Litigation and Filing a Lis Pendens It is not always necessary for parties to file a Lis Pendens when bringing a Quiet Title Action. However, if the defendant in the lawsuit has an interest in the land which he could then transfer to a third-party purchaser, it may be in the plaintiff’s best interest to file one. Filing a Lis Pendens addresses the risk of the third-party purchaser gaining a priority over your claim of the property, as it, in effect, prohibits the ability of the title to be transferred during the proceedings and notifies interested third parties that claim to the title has been disputed by the defendant. Work with Experienced Arizona Real Estate Attorneys for Defects in Title The attorneys at M&G Law can assist you with any legal issues related to defects in title in Arizona. Our team of real estate litigation attorneys have decades of experience with resolving common defects in title. Contact us today to schedule an initial consultation at 602-533-2840 or make an appointment online.

Jun 10, 2021|Articles & Insights

Important Things to Know About Litigation Regarding Defects in Title in Arizona

Taking ownership of real property and owning a home is one of the most common major life goals. When litigation occurs which challenge or raise…

Jun 9, 2021|News & Press

Could altering the natural drainage around your home land you in hot water for city code or HOA violations?

Monsoon season begins in 6 days! Could altering the natural drainage around your home land you in hot water for city code or HOA violations?…

Here is a quick guide to help you better understand how Arizona litigation on easements and other encumbrances works.

Jun 7, 2021|Articles & Insights

Understanding Arizona Litigation on Easements or Other Encumbrances

There is a common misconception that owning property means you have complete and unfettered control over the use of it. Easements and other…

Jun 3, 2021|News & Press

M&G’er Ben Gottlieb shared his thoughts with national publication, Real Simple, on buying a home with HOA fees

M&G’er Ben Gottlieb shared his thoughts with national publication, Real Simple, on buying a home with HOA fees.

Have a read to gain some…

Construction disputes occur in both commercial and residential settings due to construction defects. Here's a quick guide to help you understand the most common ones.

Jun 1, 2021|Articles & Insights

What Phoenix Homeowners Need to Know About Litigation Regarding Construction Disputes in Arizona

Construction disputes in Arizona can occur for several reasons. While many disputes are resolved without going to litigation, issues certainly…

Month: June 2021

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