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Articles (page 3)

What Happens To Web-Based Information When Someone Dies?

By Platt & Westby, P.C. | February 20, 2018

Many of us consider digital assets indispensable. Learn more about what happens to these records in the event of death, including your rights beyond Terms of Service agreements.

Arizona Property Tax Liens And Mers

By Platt & Westby, P.C. | February 6, 2018

A recent case illustrates at least one of the pitfalls for those who invest in property tax liens. In Delo v. GMAC Mortgage, an investor (Delo) purchased a property tax lien on a property that had been acquired by Pinal County. Mr. Delo paid the outstanding property taxes and received an assignment from the County.

Following the three year waiting period for the owners to redeem the property tax lien by paying the past due taxes (plus interest), Mr. Delo proceeded to foreclose. Neither the owners nor the lenders defended and Mr. Delo obtained a default judgment.

However, while Mr. Delo’s lawsuit was proceeding, the lender on the property initiated a separate non-judicial foreclosure proceeding on the property. The original lender was EquiFirst with MERS (Mortgage Electronic Registration System) “as a nominee for Lender and Lender’s successors and assigns” and as “the beneficiary under the Security Instrument” and as legal title holder.

Removal of Expired Deed of Trust

By Platt & Westby, P.C. | January 25, 2018

Have you not made a payment on a real estate loan for years but the lender has not foreclosed? You may be able to free up equity. Learn more here.

VIDEO: Relocation of Minor Children

By Platt & Westby, P.C. | January 16, 2018

Platt & Westby, P.C. attorney, Elizabeth Westby, discusses relocation of minor children as it relates to statute 25-408. It is always best to consult an attorney before moving forward with anything. Please contact Platt & Westby, P.C. for your free consultation at 602-277-4441

Litigation 101

By Platt & Westby, P.C. | January 8, 2018

Learn about litigation and how to decide whether your claim is worth your time in court.

Overview of a Lawsuit

By Platt & Westby, P.C. | December 28, 2017

The term lawsuit has come to have a negative connotation, however, there are many reasons to file a lawsuit that are non-confrontational.  Lawsuits can be filed to get a clear title to sell a house, or to open a probate to distribute the estate of a deceased loved one.  Sometimes however, disputes do arise, and whether a lawsuit is being commenced or defended against, many questions undoubtedly arise.  While this article is by no means all inclusive, it is meant…

Deed of Release By Heirs

By Platt & Westby, P.C. | December 19, 2017

Buying and selling real property is an exciting and daunting prospect for many people. Whether it is raw land, a first home, or commercial real estate, transactions for real property can often face numerous obstacles. There can be issues with financing, the property itself or even getting marketable title. These issues can arise on the side of both the buyer and the seller. Some of them can be quite simple to resolve and some you may need the help of…

VIDEO: Which of My Debts Can Be Discharged in Bankruptcy?

By Platt & Westby, P.C. | November 28, 2017

There are many misconceptions about what kind of debt can be discharged in bankruptcy. This is partly because there are so many rules that apply to different types of debt. For example, some debts are never dischargeable and some debts can be discharged when you file a Chapter 13 bankruptcy, but not when you file a Chapter 7 bankruptcy. We’ll take a look at a few different situations here. Some debts that can never be discharged in bankruptcy include domestic…

What is Arbitration?

By Platt & Westby, P.C. | November 28, 2017

Arbitration is one of many forms of Alternative Dispute Resolution (ADR). Arbitration can be an alternative to filing a lawsuit in court. Arbitration can be voluntary or it mandatory and in some cases it can even be a prerequisite to filing a lawsuit. Arbitration can be binding, meaning the parties agree that the arbitration award will be final, or it can be non-binding, meaning the parties can still pursue other available remedies (such as a lawsuit in court) after the…

What to Expect in an Eviction Action

By Platt & Westby, P.C. | November 22, 2017

Eviction, or forcible detainer as it is known in Arizona, is the process by which a landlord reclaims property that is being wrongfully withheld by a tenant. There are several reasons a landlord may do this, perhaps the tenant has not paid rent, or has engaged in criminal activity on the property. Or perhaps the tenant has failed to vacate after the lease has expired. Regardless of the reason, the process behind obtaining a judgment in a forcible detainer action…

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