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Blogs (page 5)

Will or Trust Contests and How to Avoid Them

By Platt & Westby, P.C. | May 2, 2018 | 0 Comments
Learn how to protect your estate plan from litigation after your passing.

Trustees Not Personally Liable When Entering Contracts On Behalf of the Trust

By Platt & Westby, P.C. | April 24, 2018 | 0 Comments
Did you know a Trustee is protected from personal liability when entering into contracts in their fiduciary capacity? This does not protect the Trustee outright, particularly if they are mishandling the estate. Learn more here.

Boundary Disputes

By Platt & Westby, P.C. | April 12, 2018 | 0 Comments

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 | 0 Comments
Persons who have been nominated to serve as a personal representative under…

VIDEO: Adverse Possession

By Platt & Westby, P.C. | February 28, 2018 | 0 Comments
Adverse possession is a way of acquiring title to real property by physically occupying…

What Happens To Web-Based Information When Someone Dies?

By Platt & Westby, P.C. | February 20, 2018 | 0 Comments
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 | 0 Comments

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 | 0 Comments
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 | 0 Comments
Platt & Westby, P.C. attorney, Elizabeth Westby, discusses relocation of minor children…

Litigation 101

By Platt & Westby, P.C. | January 8, 2018 | 0 Comments
Learn about litigation and how to decide whether your claim is worth your time in court.

If you have a legal question, contact us.We can help.

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