Whitehill Law Offices, P.C.FindLaw IM Template2026-10-08T04:26:34Zhttps://www.jameswhitehill.com/feed/atom/WordPress/wp-content/uploads/sites/1201273/2019/10/cropped-favicon-min-32x32.pngOn Behalf of Whitehill Law Offices, P.C.<![CDATA[Can you sell a home that you inherited?]]>https://www.jameswhitehill.com/?p=480662026-10-02T04:28:01Z2026-10-08T04:26:34ZYes, someone who inherits a house certainly does have the option to sell it. This is one of the most common steps that people take. Someone who is already an adult and owns their own home may inherit their parents’ house, for instance. It is a valuable asset, but they do not need a second home, so they sell it and pocket the proceeds.
That said, there are some important steps to consider, as selling a home that was inherited can be more complicated.
Are there any title issues?
For one thing, the individual has to determine if there is a clear title. If there are financial issues, like a lien on the house or unpaid taxes, these often have to be resolved first.
How many people inherited the home?
Another common issue is that multiple people may inherit the same house. Two siblings may inherit their parents’ home jointly, for example, meaning that they are both equal owners of that property.If this is the case, they often have to agree to sell. One heir does not necessarily have the right to sell the home out from under the other.If one person does not want to sell, a buyout may be an option. The person who wants to keep the home buys out the ownership percentage of the other.In other cases, a partition action may be used. This is a lawsuit in which one co-owner asks the court to take legal steps to force the sale of the home. This can certainly be contentious, but it is possible if an agreement cannot be reached.Even when the two owners do agree to sell the property, they also need to ensure that they split the proceeds correctly. One person cannot sell the home and keep the entire payment to themselves, as it must be divided with the other owner.
Navigating a complicated process
As you can see, selling is possible, but it can grow complex. Those who are going through this process need to know exactly what legal steps they should take.]]>On Behalf of Whitehill Law Offices, P.C.<![CDATA[Can you change the zone of a commercial property?]]>https://www.jameswhitehill.com/?p=480652026-09-22T09:41:53Z2026-09-25T09:41:26ZOne potential complication that can arise during a commercial property transaction is when that property is not in the correct zone for the intended use. Perhaps it is not in a commercial zone at all, but a residential zone. Even if it is commercial, it may be locally zoned for a different type of operation.
There are potentially ways to get around this issue. One is to put in a rezoning request. This asks the municipality to consider rezoning the property entirely. There are times when zoning regulations are out of date, for instance, and they may simply need to be updated.If the property is rezoned, this changes it on a permanent basis. It can be used in accordance with the new zone, but not the previous one.
Requesting a variance
Another potential option is to ask for a zoning variance. If granted, the municipality tells the property owner that they are allowed to break the zoning regulations and use the property in a way that otherwise would not be approved.A big difference with a variance is that it does not change the actual zone at all. For any other property owners in that zone, their restrictions stay the same. But this can allow for commercial operations on the specific property that is being addressed by the variance.Neither of these is a guaranteed solution, but they are potential options and requests that can be made. When going through the process of meetings, paperwork, submissions, hearings, land surveys and much more, it can help to work with an experienced attorney.
]]>On Behalf of Whitehill Law Offices, P.C.<![CDATA[Preapproval vs. final approval for a mortgage loan]]>https://www.jameswhitehill.com/?p=480632026-09-02T10:59:38Z2026-09-07T10:58:43Zfinal approval. This takes time, but they can still make an offer while the financial details are being sorted out.
Preapproval is the first step, and it generally just requires the person to self-report their income, assets, debts and other liabilities. The mortgage lender can then give them a rough idea of how much financing they would qualify for, assuming that the self-reporting is accurate. A preapproval letter can be helpful to those who are beginning their search for a property or even making an offer.
Prequalification
The next step is generally prequalification, where a more in-depth study of the person’s finances will be conducted. The mortgage lender will want to see concrete evidence to back up their self-reported income, such as pay records and tax returns.
Final approval
Finally, the buyer needs to go through the underwriting process. Prequalification itself is still not a guarantee of approval. When underwriting is finished, the lender can confirm that a person has the necessary financial assets to afford the mortgage, and then the loan will be issued. Many buyers will submit a purchase offer with a contingency clause stating that, if they do not get approved for a mortgage, they are no longer obligated to purchase the property.
Navigating any type of real estate transaction can be complex, both financially and legally. For those who are going through this process, it can help to work with an experienced real estate attorney.]]>On Behalf of Whitehill Law Offices, P.C.<![CDATA[Understanding Arizona’s anti-deficiency statutes]]>https://www.jameswhitehill.com/?p=480582026-08-27T13:17:30Z2026-09-01T13:16:45ZChecklist for qualifications
To qualify for anti-deficiency protections, the property must be a single-family home or a duplex that is 2.5 acres or less. The property also must have been intended to be used as a home, which matters for investors holding fix-and-flip properties.
This rule applies even if the property is empty. However, Arizona’s anti-deficiency law usually does not cover vacant land or larger multifamily buildings with three or more units. These properties often do not fit the covered property types or the intended residential use.
When refinancing can affect protection
Arizona’s anti-deficiency rules usually cover purchase money debt or the original loan used to buy the home. However, you can lose this protection if you later refinance or turn the loan into non-purchase money debt. This can happen with a cash-out refinance or a Home Equity Line of Credit (HELOC) used for business funding instead of a home purchase.
The key issue is in how you used the borrowed funds. Residential use can more likely preserve your protection, while business or commercial use may remove it entirely.
Advantage of residential defaults
Many commercial loans are recourse loans, meaning the lender can sue you or your business for any unpaid balance. If you sign a personal guarantee, you may also lose safeguards that would otherwise limit what the lender can collect. While walking away from a commercial loan can lead to wider collection efforts, a qualifying residential default may have more protection under Arizona’s law.
What to watch out for
As an investor, it is vital to be aware of key exceptions under state anti-deficiency law that can still lead to liability during foreclosure. A lender may bring a waste claim if they believed you damaged the property or removed items that reduce its value before they took it back.
Your transaction may also fall under the construction loan exception, which may apply to homes that were never finished or lived in. Eligibility largely depends on the facts of your case and recent court decisions.
Helping you mitigate risk
To find out if your investment qualifies for anti-deficiency protection, it is best to examine your loan documents for nonrecourse language. Consulting a real estate lawyer can also help you assess the best course of action for your situation.]]>On Behalf of Whitehill Law Offices, P.C.<![CDATA[Do sellers have to disclose past home defects?]]>https://www.jameswhitehill.com/?p=480602026-08-19T07:58:45Z2026-08-24T07:58:03ZYes, home sellers are often required to disclose past defects. If these are material defects, they can have a significant impact on the value of the property. A potential buyer still deserves to know about issues that have occurred in the past, even if there is not a current problem.This applies even to issues that have already been fixed or repaired. Say that someone has had significant leaking in their roof, leading to water damage within the home. They have had the roof repaired, and they have taken steps to mitigate issues like mold or mildew, but they still need to disclose that those defects once existed. Even if they have not had any active leaking in years, the buyer deserves to know that it has occurred.
Detailing the specific repairs
For one thing, this report can outline exactly how those repairs were made. This gives the buyer more information, helping them gain perspective on the condition of the home. They know when repairs were carried out, what type of work was performed and even what company did the job.
Establishing a pattern
On top of that, some homes have a history of similar defects that occur time and time again. If there has been significant leaking or flooding in the basement, even if the issue is not current, the buyer still needs to know that it could be an issue in the future. This can have an impact on the value of the property and their willingness to purchase it.Making appropriate disclosures is an important part of a real estate transaction. It is crucial for both buyers and sellers to know what legal obligations they have and what steps they can take if a dispute arises.
]]>On Behalf of Whitehill Law Offices, P.C.<![CDATA[An easement appurtenant vs. an easement in gross]]>https://www.jameswhitehill.com/?p=480562026-08-05T08:35:50Z2026-08-10T08:34:53ZDuring a real estate transfer, it is important to know if there is an easement on the property. There are two main types of easements: an easement appurtenant and an easement in gross.An easement in gross is generally not tied to any specific parcel of land, but is simply an agreement between two people, such as a landowner and their neighbor. This is often called a personal easement.An easement appurtenant, on the other hand, is essentially part of the land itself. It is said to run with the land, and it is part of the property. This is often done for access, such as in a subdivision with multiple properties, where owners need to be able to use certain roads to access their property.
How does this affect a transfer?
This can have a major impact on how a land transfer takes place.An easement in gross can generally be canceled at the time of transfer. It is an agreement between two property owners, but the new property owner is not obligated to uphold it.An easement appurtenant, on the other hand, often has to remain. It is part of the property. The new buyer cannot simply decide that they are going to cancel it, so they need to be aware that it exists when they purchase the property, and they need to know that it will continue to exist after that purchase.
Navigating real estate transactions
Easements are just one area in which a real estate transaction can become complex. Those who are going through this process need to know what legal steps to take, and an experienced real estate attorney can help.
]]>On Behalf of Whitehill Law Offices, P.C.<![CDATA[What is a deed of trust in an Arizona real estate transaction?]]>https://www.jameswhitehill.com/?p=480552026-07-23T12:34:10Z2026-07-28T12:33:15ZHow a deed of trust works
A deed of trust is a security instrument used in most Arizona real estate transactions involving a loan. It involves three parties: the borrower, the lender and a neutral trustee.The borrower retains possession and beneficial use of the property, while the trustee holds bare legal title as security. When the loan is paid in full, the trustee reconveys the property and the deed of trust is released of record. This raises the question of why Arizona uses this system.
Why Arizona uses deeds of trust
Arizona law recognizes deeds of trust as an alternative to traditional mortgages under the Arizona Deed of Trust Act, primarily found in Arizona Revised Statutes Title 33, Chapter 6.1. Because a deed of trust allows a trustee to conduct a nonjudicial foreclosure in certain circumstances, the process can be different from a mortgage foreclosure. This legal framework gives lenders and borrowers a clear process while protecting important legal rights. It is equally important to comprehend the document itself.
What buyers should review before signing
Before signing a deed of trust, review key terms carefully, including:
The loan amount and repayment terms
The legal description of the property
Default provisions and lender remedies
Any fees or obligations that continue after closing
The lender's rights if payments are missed
Arizona law also requires a trustee to follow specific notice procedures before a trustee's sale may occur under Arizona Revised Statutes Section 33-808. Being familiar with these terms can help you avoid surprises later.
A deed of trust plays a central role in many Arizona real estate transactions. It secures the lender's interest while outlining the borrower's obligations if the property is financed. Understanding how it works before closing can help you make informed decisions and avoid confusion. Should you have any inquiries regarding this subject, consider seeking advice from a legal professional.]]>On Behalf of Whitehill Law Offices, P.C.<![CDATA[5 terms to include in a commercial lease]]>https://www.jameswhitehill.com/?p=480522026-07-09T12:40:54Z2026-07-14T12:39:54ZEvery landlord should consider creating a lease for their property, regardless of whether they are leasing to family or strangers. The terms of a lease determine how long a tenant can live in a property, what they can do to the property and what happens when the terms are violated.
There are a few considerations to make when creating a commercial lease. Here are some terms to consider:
1. Lease length and renewal
The very first thing that landlords should consider is how long a tenant will live in their property. Does a tenant pay month to month, or does a lease last for a year? What happens once the lease is over? Tenants may be given the option to renew their lease once it ends.
2. Payments and cost increases
How much is a tenant expected to pay each month? A tenant may be expected to pay more after renewing their lease every year. Some landlords require tenants to pay extra costs for pets. Tenants may also need to pay fees if they are late with their payments.
3. Subletting clause
Many commercial leases make it clear that tenants cannot sublet the property. Subletting can lead to serious legal issues. Defining this term in a lease can help prevent subletting and clarify the consequences of subletting.
4. Property damage
What would happen if a tenant caused damage to a property? A lease may clarify that it may be terminated if a tenant causes property damage and that a security deposit will be used for repairs.
5. Early termination
A lease often includes an early termination clause. This allows the landlord to terminate the lease if the tenant violates a term, such as subletting or causing property damage. A commercial lease should have very clear language. If the language in a lease is confusing or unclear, it can lead to legal issues. Legal guidance can help.]]>On Behalf of Whitehill Law Offices, P.C.<![CDATA[How an exclusive use clause protects a commercial tenant]]>https://www.jameswhitehill.com/?p=480492026-06-24T10:15:00Z2026-06-29T10:14:14ZWhat is an exclusive use clause?
When a commercial lease includes an exclusive use clause, the landlord agrees not to rent a nearby property to another business with the same basic business model. Exclusive use clauses can protect tax preparation specialists, hairdressers and others who could lose business if a similar company begins operating in the same office building or strip mall.
Exclusive use clauses limit nearby competition, making it easier for a company to establish a local market for its goods or services. Tenants who are aware that there may be substantial competition for a limited amount of local demand may want to negotiate with their landlords to ensure that a commercial lease protects them from another business directly competing in a limited geographic area.
In cases where landlords do not uphold exclusive use clauses or where existing tenants change their business model to one that directly competes with another tenant, legal action may be necessary. Working with a commercial real estate attorney can help business owners negotiate reasonable commercial leases and enforce the terms of the leases they’ve signed.]]>On Behalf of Whitehill Law Offices, P.C.<![CDATA[Must sellers disclose a death that occurred at the property?]]>https://www.jameswhitehill.com/?p=480472026-06-11T09:17:45Z2026-06-16T09:16:45ZWhen selling residential real estate, sellers are generally required to disclose known material facts that could affect a buyer’s decision to purchase the property. However, whether a death that occurred in the home must be disclosed is a separate question.
Under Arizona law, a death on a property is considered a psychological or stigmatizing factor rather than a physical defect. In most cases, sellers are not legally required to disclose that a death occurred in the home.
What buyers may have a right to know
A death in a home does not affect the property’s physical condition. However, disclosure obligations may arise in situations involving:
A violent crime that resulted in conditions affecting the property
A death caused by a known hazardous or defective condition in the home
Facts that reveal a material defect requiring disclosure
Direct questions from a buyer or the buyer’s agent
Specific circumstances governed by applicable state or local regulations
While Arizona law provides protections regarding the disclosure of certain stigmatizing events, sellers should exercise caution when responding to buyer inquiries.
Honesty can protect the sale
Although a death in the home may not require disclosure under state law, transparency and accuracy remain important throughout the transaction process. Buyers who later discover information they believe was intentionally concealed may raise allegations of misrepresentation or nondisclosure. Providing truthful and legally compliant disclosures can help reduce the risk of:
Misrepresentation claims
Delays in the closing process
Buyer termination of the transaction
Disputes regarding property value
Post-closing legal conflicts
Because Arizona real estate disclosure requirements can be fact-specific, sellers should carefully evaluate their obligations before completing disclosure forms or responding to buyer inquiries. Consulting with a knowledgeable real estate legal professional can help ensure compliance with Arizona law while minimizing the risk of future disputes. ]]>