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IN Sun City Arizona - Recreation Center/facilities agreement Lien

Arizona

My parents placed their home in Sun City Arizona into a Trust in 2002. The Trust is the recorded owner of home. In 2011, Recreation Center of Sun City by a new by law stating that when the original trustee pass away then they can assess a new owners transfer feeo of $4500 . My arguement is that in 2002 the trust became the owner of property and still is, my parents passed in 2012 and 2013. I am there son and the trustee now. We are selling the property the title company discovered this lien that was placed in 2016. We had no knowledge of this, they knew that we disputed that fee then and still do. How do I get this lein off? Our we right? Grandfathers clause ?

2 replies

Sep 21, 2020
It depends on what statute you are referring to, what the language is in the trust agreement and what kind of trust it is, but your argument that ownership of the property has always been the same is a plausible one. Leaving all that aside, the question you need to answer is whether it is worth fighting it in court. The only way to remove an invalid lien on property is called an action to quiet title. But the attorneys' fees would easily exceed $4,500. You may be able to recoup them with an attorneys' fee award if you won, but there is still risk that you would not win, depending on the facts I mentioned above.
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Sep 22, 2020
Thank you for your help. It has actually gotten worse. The amount has now increased to $9800, adding in interest, late fees, legal fees. It just ridiculas. We are selling the home, have a buyer and basically held hostage by this lien. It is not right or fair
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