Combs Law Group, P.C.
About Adam MartinezAdam D. Martinez is a real estate attorney and shareholder at Combs Law Group, P.C., a specialized, boutique real estate law firm. Adam is an experienced litigator and handles all types of real estate issues, including foreclosures, deficiency defense, easement and property use disputes, residential and commercial landlord and tenant disputes, business and partnership disputes, contract disputes, and broker/agent disputes. Adam handles all aspects of appealling cases involving real estate issues, and has argued before the Arizona Court of Appeals. In addition to litigating trial and appellate cases, Adam structures and facilitates real estate and business transactions. Adamâs litigation experience provides valuable insight into structuring a transaction or developing a strategy to resolve a legal dispute, whether before or during a lawsuit, or in mediation or arbitration.
Adam regularly speaks and writes on real estate legal issues. His writings can be found in various publications including, the Arizona Real Estate Law Journal, the Arizona Attorney Magazine, and the Arizona Association of REALTORSÂ® (AAR) REALTORÂ® Digest. Adam is one of the AAR Legal Hotline attorneys, and provides information on real estate law and preventative maintenance to designated members of the AAR. Adam is also a mediator and arbitrator for the AAR Dispute Resolution System. In addition to his legal practice, Adam is also certified by the Arizona Department of Real Estate to teach classes in foreclosures, short sales, and mortgage deficiencies, agency, disclosure, contracts, commissionerâs standards, and fair housing.
Adam obtained his Juris Doctorate at the Sandra Day OâConnor College of Law at Arizona State University, where he focused his legal education in real estate. During law school, Adam externed at the City of Mesa Attorneyâs Office, where he worked primarily on real estate development cases involving condemnation and annexation.
Prior to his legal studies, Adam obtained his Bachelor of Arts in Political Science from the College of Liberal Arts and Sciences at Arizona State University, where he focused his studies in classical political philosophy and policy analysis.
Prior to his legal career, Adam worked as a supervisor in private banking credit account services at J.P. Morgan Chase. Adam has also held supervisory roles in public and private entities in the health care, behavioral health, and elementary education industries.
Directory Practice Areas
- Real Estate Law
- Credit Cards Accepted
|Real Estate Attorney, Combs Law Group, P.C.|
|Owner / Instructor, Combs School of Real Estate, LLC|
|Real Property Section, State Bar of Arizona|
|Probate and Trust Law Section, State Bar of Arizona|
|Real Property Section, Maricopa County Bar Assocation|
|Hotline Attorney, Arizona Association of Realtors|
- Overall: 157th
- Overall: 15 Answers
Q: What form do i need to claim forfeiture property
A: A.R.S. 33-741 through 750, contains the language and notice requirements for legally and properly completing a forfeiture of a purchaser's interest after default.
Q: Do I have to grant an easement for ingress and egress on a old unused dirt tract when its not on my deed?
A: If there are no express (or recorded) easements giving the person a right of access to your property, then you are probably not entitled to grant any easements. There are a couple of exceptions, such as a, implied or prescriptive easement (adverse possession), but it does not sound like those exceptions apply here. Still, by sending you a certified letter requesting that you execute a quit claim deed, along with a check for $5.00, the person is preparing to file a lawsuit against you to establish the easement. See A.R.S. 12-1103(B). Therefore, you should immediately obtain legal representation, and should send your own letter and quit claim deed to the opposing party pursuant to A.R.S. 12-1103(B) to establish your right to attorneys fees.
Q: Adverse Possession,if a Dam is washed away and rebuilt is it the same Dam
A: Whether a rebuilt dam constitutes the same dam is probably not material to a question of adverse possession. Generally, when a person takes exclusive and open possession of or uses land that belongs to another person, without permission and under a claim of right that is adverse to the legal owner, and the possession or use continues for a certain period of time, e.g. 10 years in Arizona, the person possessing or using the land can become its legal owner. Thus, it is not the similarity of the dams that constitutes adverse possession, but whether the land upon which the dams have been built has been taken exclusively and openly, without the permission of the true owner, under a claim of right adverse to the true owner, for the requisite time period.
Q: How many people may occupy a one bedroom in Arizona?
A: Occupancy restrictions are governed by the landlord of the property and applicable municipal safety codes. A husband and wife are probably permitted to occupy one room with a child. Usually, municipal codes do not consider children under 13 when establishing occupancy standards. Additionally, while a landlord may impose a reasonable occupancy standard, e.g., two persons per bedroom, it is not required, and any occupancy standards must apply to all ages, and must be adopted and published before the event in issue.
Q: I have forcelosed on property. Am I responsible for unpaid sewer fees? No lien was filed.
A: No. The unpaid fees would become a lien on the property after being recorded. Even if a lien was recorded, the foreclosure would extinguish the lien unless the lien was recorded prior to the recording of your mortgage. See A.R.S. 9-511.02.
Q: Can a HOA post NO LOITERING signs in community park area?
A: Probably. It depends on whether the association's governing documents prohibit certain signs. While there may be certain restrictions on the size, color, and placement of the sign, it is probably not prohibited. Loitering in Arizona includes gambling, soliciting sex, and conduct likelythere is probably to disturb the peace. Therefore, posting a no loitering sign is probably consistent with an association's duty to promote the general welfare of the community.
Q: I have won an eviction case against my tenant and she has five days to move. What if she does'nt?
A: Make sure you obtain your writ of restitution from the court five days after judgment was entered against the tenant. If the tenant has not moved during that time period, you will have to give the writ of restitution to the constable (if judgment was in the justice court) or sheriff (if in the superior court), and wait for them to forcibly remove the tenant.
Q: My sister just received notice at 5pm today that she has to move by 8am tomorrow (Sunday) morning. Is that accurate?
A: After reading the question, my 10-year old daughter said, No. That is not accurate. They have to at least give her a month to get ready. And while my daughter has no legal training, she is likely correct. Assuming that your sister is or was renting on some type of month-to-month agreement, the landlord is required to provide at least 30 days notice from the next rental due date. This time may be shortened if your sister is in breach of the rental agreement. Additionally, if your sister is involved in certain types of criminal activity, then it is possible to immediately terminate the lease. Finally, if in fact the owner of the property has already filed a complaint for eviction against your sister, and the court has issued an order of possession that has been given to the sheriff or constable, then they can compel her to immediately move.
Q: If I'm renting and property is up for foreclosure next month, can I break lease if I want? Or do I have to stay?
A: Once the landlord loses the home at foreclosure, the lease terminates. While a recent federal law requires banks or others that acquire homes after foreclosure to honor the remaining term of a tenant's lease even after the foreclosure, the tenant is not required to continue renting the home after the foreclosure.