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Can you challenge "title" in an Arizona unlawful detainer (forcible entry and detainer) action?
PART ONE of TWO PART SERIES (part two can be found here)
ARIZONA LANDLORD TENANT LAW FREQUENTLY ASKED QUESTIONS - HOMEOWNER RIGHTS FOLLOWING FORECLOSURE. CAN YOU CHALLENGE THEIR LEGAL TITLE IN A FORCIBLE ENTRY AND DETAINER ("FED") ACTION?
COMMON FORECLOSURE SCENARIO: You were trying to work out a loan modification, and the lender/loan servicer and their offshore call center agents tell you that you are okay, that the house won't be sold, and then the sale date is extended. You trust them and rely on what they are saying. Then, you get the knock on the door "your house has been sold, you need to move out, you are staying in the property illegally with no right to be here." They tell you "if you don't leave voluntarily then we will evict you.
Wow, what do you do now? Didn't see that one coming? Call a foreclosure or real estate lawyer to see what your rights are, there must be some kind of justice available here.
So just what are your rights when facing this situation? What happens next? What is the process? What can be done? The following is a general overview of some of the ... more
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