Patrick Ryan MacQueen’s Answers

Patrick Ryan MacQueen

Phoenix Real Estate Attorney.

Contributor Level 7
  1. Arizona Foreclosure - Can Second Mortgage Lender (home improvement loan) collect on deficiency balance after Trustee Sale?

    Answered about 2 years ago.

    1. Patrick Ryan MacQueen
    2. William W. Fife III
    2 lawyer answers

    While you may or may not meet the technical requirements under Arizona anti-deficiency statutes (and the cases interpreting the statutes), you should absolutely respond to the collection company. With a strongly worded letter regarding Arizona law, you may be able to convince the collectors to go away.

    2 lawyers agreed with this answer

  2. Tenant rights in the state of Arizona

    Answered over 2 years ago.

    1. Patrick Ryan MacQueen
    2. Rixon Charles Rafter III
    2 lawyer answers

    The answer depends upon what the lease states. If your wife executed the standard-form Arizona residential lease (the AAR form), you may need to be include as an additional tenant.

  3. My home is in foreclosure. Auction date is Sept1. Should we leave for a rental before the 1st and are we liable for any repairs?

    Answered about 3 years ago.

    1. Patrick Ryan MacQueen
    2. John M McKindles
    2 lawyer answers

    You still legally own the home until the foreclosure date. As such, you should absolutely continue to keep the home in good repair. In addition, I strongly urge you to keep your property insurance up to date. Please note that, although the home is set for auction on September 1st, many auctions are postponed.

  4. If my home is in foreclosure and will be set to go to auction Sept.1, what are my ;iabilitie? Am I still responsible for upkeep?

    Answered about 3 years ago.

    1. Patrick Ryan MacQueen
    1 lawyer answer

    You still legally own the home until the foreclosure date. As such, you should absolutely continue to keep the home in good repair. In addition, I strongly urge you to keep your property insurance up to date. Please note that, although the home is set for auction on September 1st, many auctions are postponed.

  5. If I foreclose on my investment property can the lender go after my personal property/income/savings/401K etc to recover monies

    Answered about 3 years ago.

    1. Patrick Ryan MacQueen
    2. Theodore Lyons Araujo
    2 lawyer answers

    The answer is completely dependent upon whether you have anti-deficiency protection. If you have the protections afforded by Arizona anti-deficiency law, then your lender(s) are prohibited from mataining a "deficiency" action and cannot thereafter go after your other assets. So, the first step is to determine whether your loan and your investment property is protected from a deficiency action. Please note that, even if you have full anti-deficiency protection, your lender may still attempt...