Legal Question in Real Estate Law in Arizona

Real Estate

Our home is to be auctioned in Aug. 09. We signed a quit claim deed to this property to my husband's nephew in 07 as he was buying the property. We were to carry the loan for a yr. He was working for a mortgage co. at this time. He was arrested in Nov. 08 for fraud, stolen property, identity theft. mortgage fraud. He was incarcerated and was released in Mar. He is now no where to be found. How can we get the house back in our name? We want to move back to the house due to financial circumstances. Please help us with this situation as we are running out of time.


Asked on 5/23/09, 4:43 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: Real Estate

You cannot expect to get anything done in a short period of time, however, you could file a Quiet Title action and a lis pendens, claiming fraud in getting you to sign the quit claim deed to him and thus, perhaps stop the foreclosure. Remember, you were the ones who applied for the loan and it is you who are responsible for the payments. If you bring the loan current, you will stop the foreclosure, and then you have time to go after the nephew.

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Answered on 5/23/09, 11:03 pm


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