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Mortgage repayment failure

Statute of Limitations for HELOCs

By Christopher Combs | July 26, 2020

Question: When we bought our Chandler home in 2006, we got a 30-year first mortgage with Bank of America, and a Wells Fargo $100,000 second mortgage home equity line of credit (“Wells Fargo HELOC”). We used this $100,000 for a swimming pool and for landscaping in our back yard. In 2011 we both lost our jobs and we had financial difficulties. Although we were able to keep our first Bank of America mortgage current, we stopped paying our Wells Fargo HELOC. Last week we received a letter from an attorney that our Wells Fargo HELOC balance is $160,000, and that this $160,000 balance is being accelerated to be owed by us now. This letter also said that, if we do not pay this $160,000 balance within 14 days, there will be a foreclosure of our home.  Can Wells Fargo still foreclose on our home now when we have not made…

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tree roots

Damage to Sewer Line from Neighbor’s Tree

By Christopher Combs | July 19, 2020

Question: We live in Ahwatukee. Our neighbor has a large ficus tree whose roots have grown into our sewer line, and have cost us $6,000 for repairs. Can we require our neighbor to reimburse us $6,000 for the cost to repair the damage to our sewer line? Can we cut the roots of the ficus tree that trespass on our property? Answer: First, your neighbor should be required to reimburse you for the $6,000 cost to repair your sewer line. Second, you are entitled to cut the roots of the ficus tree that trespass on your property. Under Arizona law, however, the cost of cutting a neighbor’s roots on your property is your responsibility. Note: On the other hand, other states like Hawaii require a neighbor to pay for the cost of cutting tree roots, and also tree branches, that “trespass” on a homeowner’s property. Read a similar article here.

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