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Articles (page 3)

Boundary Disputes

By Platt & Westby, P.C. | April 12, 2018

Boundary disputes, which are disagreements regarding who owns a piece of property, can be quite common. Boundary questions often arise when a property owner makes an improvement, such as building a fence.

For example, when you are raising a fence outside of your house, you may unknowingly be placing your fence on your neighbor’s property. On the other hand, you may be erecting the fence entirely on your property, but your neighbor may argue that the fence is encroaching on his property. It is important that any issues concerning boundary disputes get resolved in a timely manner.

Personal Liability For An Executor/Personal Representative

By Platt & Westby, P.C. | March 15, 2018

Persons who have been nominated to serve as a personal representative under a Will often express a concern that they may become liable for the debts of the deceased person’s estate. The answer to this is a qualified no.  In the normal course of administering a probate estate, the Personal Representative should not become personally responsible for debts of the estate.  However, a Personal Representative must take care, when transacting estate business, to: Disclose the representative capacity of Personal Representative,…

VIDEO: Adverse Possession

By Platt & Westby, P.C. | February 28, 2018

Adverse possession is a way of acquiring title to real property by physically occupying it for a long period of time.  As strange as it may seem, you may acquire property without the consent of the actual title holder if you possess it long enough and meet the legal requirements.  The adverse possessor, or the person occupying the land, may or may not be aware that the land belongs to another.  Under the law, the occupier’s knowledge is irrelevant which makes this…

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…

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