Clearing a Possible Title Defect

My question involves real estate located in the State of: Arizona

My late husband and I purchased a piece of vacant land with the intent of building an auto repair shop in 2004. The property was transferred into our name at the time. My husband passed away in 2005. Due to his prolonged illness, the property is still vacant. I paid off the property in full in 2006. I was later told the seller could not convey clean title because he had divided the property from his larger homestead which was encumbered by a loan with a bank. There was a survey completed and recorded allegedly with the consent of the bank. I also believe the bank was aware of the sale at the time of the sale.

Unfortunately, we did not go through escrow at the time of the sale so there is no title insurance. I have been paying annual real estate taxes since 2004 and wish to sell the property before I move out of state. What do I need to do to get clear title so I can sell the property? I cannot afford an attorney.

Thanks for any help you can give me...

Unless the bank agrees to release its interest, your recourse seems to be a refund from the seller as he has not delivered clear title.

You can approach the seller to see if he's now in a position to get your property released by the bank as security for the loan.

You can attempt to verify the bank's position on the property, and whether it is still asserting a lien.

You can attempt to find a buyer who will take the property subject to the lien - although I expect that would significantly reduce the property's value.

You can see if the seller is willing to buy back the property at a fair price.

My better ideas beyond that involve legal action which, despite the cost, may turn out to be the best approach to resolving the matter.