Joseph Holland

Joseph Holland comes from a family of Arizona attorneys. After graduating from prestigious Arizona State University College of Law, he opened his practice in Mesa, AZ. In 2008, he relocated his practice to the White Mountains of Arizona, where he has settled and begun to grow his family. Currently, his practice focuses primarily on real estate law, contract disputes, and collections.

Sandra Day O'Connor College of Law, Arizona State University

J.D. (2006)

2003 - 2006

Honors: pro bono distinction.

Arizona State University

B.S. (2002) | Business Management; Human Resources Management.

2000 - 2002

Honors: Cum Laude

Continuing Legal Education Instructor-2015

Southern Arizona Legal Aide

Current

Landlord Tenant Law-comparing commercial and residential aspects, Continuing Legal Education, Show Low, AZ

October 30, 2015

Southern Arizona Legal Aide

District Award of Merit

Boy Scouts of America, Silver Creek District

2014

Highest award for adult scout leaders at the District level

Arizona

Since 2006

• Credit Cards Accepted
• Contingent Fees
  I accept contingencies in collection matters.

Real Estate Law

Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law

Appeals & Appellate

Civil Appeals, Federal Appeals

Collections

Business Law

Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

Construction Law

Construction Contracts, Construction Defects, Construction Liens, Construction Litigation

• Landlord/Tenant
• Constitutional Law
• General Civil

Q. My fiance and I are trying to assume her parents property in AZ. We live in WA and not sure how the process would work.

May 16, 2019

A: If you are not willing to or able to qualify to purchase the property, there are two ways to accomplish what you describe. First, you can do what is called a Assumption--where you folks are let out of the payments and you are substituted in their place. Whether this is possible will depend upon your credit worthiness and whether the bank considers you to be a better risk than the folks. The other is called an Assignment--where your folks assign their rights to you, but if you default on the payments they will still be on the hook. All contracts are assignable as long as the rights and obligations under the contract are not changed or unless the contract forbids it. Either way, you are going to want to consult with an attorney on the specifics of your matter.

Q. As the defendant in a Quiet Title action, do I need to ask for a stay if an unlawful detainer is in complaint

May 16, 2019

A: You would ask for a stay only when the status quo must be maintained to avoid immediate and irreparable harm AND you can show a strong likelihood of prevailing. I gather from your question that you are being sued with at least 2 counts: Count 1 is stating that you have refused to turn over possession, and Count 2 is seeking to have title declared in the Plaintiff's name. Whether to ask for a stay depends upon whether their complaint is filed as a summary proceeding or whether they filed an eviction action ancillary to this lawsuit. If this is simply filed as a general civil complaint, nothing will happen to your tenancy until they prevail on the merits, so no stay will be necessary in the interim.

Q. The deed to my house has an error on it, is it still legal?

May 16, 2019

A: Yes. As I understand your question, your ex-husband 'sold' his interests in the property to you ancillary to the divorce proceedings. Even though when he signed it he was still married to you, it will not be a problem for purposes of getting title insurance/clear and marketable title. If we has married to another person, that person would need to sign a disclaimer deed to clear it up, but since you are the spouse, the interests merge under the Merger Doctrine.