Legal Question in Real Estate Law in Arizona

Note and Deed of Trust

My Arizona LLC is purchasing a 16 unit apt. bldg. My Dad is loaning me the money intrest only for 7 years. What document do I use for a secured note (property) and what deed do I use? My Dad and I live in California the LLC and the property are in Az


Asked on 11/15/06, 6:35 pm

3 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Note and Deed of Trust

Go to a title company and have them handle the paperwork for you. It should be much less than an attorney would charge. I have had good experiences in Arizona with Fidelity National Title. Ask for a commercial escrow officer.

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Answered on 11/15/06, 7:15 pm

Re: Note and Deed of Trust

You are looking for a promissory note which is a written promise to repay a debt. You are then looking for a deed of trust which acts as security for the promissory note.

You can speak with a title company in Arizona about the deed of trust. THe promissory note can be done very simply especially since this is a loan made by your father.

When dealing with any transactions involving anything more than an insignificant amount of money or property you should run it by an attorney. In the long run it's worthwhile.

Caleb

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Answered on 11/15/06, 7:19 pm
James Jenkins Jenkins Law Center PLC

Re: Note and Deed of Trust

I am surprised that you will use a "form" or consider having a title officer do the paperwork for a loan on a 16 unit apartment, even if it is your father. Use an attorney and do it right, and avoid grief or hurt feelings down the road.

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Answered on 11/17/06, 10:22 am


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