Legal Question in Real Estate Law in Arizona
real estate
I am carrying the note on a piece of property,the party has defaulted. I have since found out she was married and the husband has filed for divorce ans placed a lis pendas
on the property, she had bought the property as a singel woman, do i have recourse against the realstate or title company that handeled this transaction? can I sue this person for unpaid property tax and fees incurred to reposse
2 Answers from Attorneys
Re: real estate
This is a complicated issue and you should really have a lawyer review the documents.
Re: real estate
Not enough facts are given here to give a proper opinion, and no opinion can really be given without a review of the note and deed of trust, and more facts.
If you have a deed of trust recorded to collateralize the note, and a lis pendens is later filed, the lis pendens is probably junior, and will be wiped out in a trustee's sale. However I cannot say that for certain, as stated above.
See a real estate attorney who does foreclosures. Your attorney fees can possibly be added to the foreclosure (trustee's sale in most cases.)
Best regards,
James D. Jenkins
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