In a ruling filed on January 23, 2015, the Arizona Supreme Court reversed a judgment of the Superior Court and overruled the Arizona Court of Appeals' decision in M & I Marshall & Ilsley Bank v. Mueller, 228 Ariz. 478, 268 P.3d 1135 (Ct. App. 2011), which had applied the anti-deficiency protections of Arizona Revised Statute Section 33-814(G) where a borrower intended to eventually occupy a partially constructed home on the property.
Arizona Revised Statute Section 33-103 addresses the placement of landmarks or monuments established pursuant to the provisions of Sections 33-101 - 33-106, which is the Article of the Arizona Revised Statutes governing landmarks and surveys in Arizona.
In Arizona, one of the remedies available to a party who has been the victim of a contract breach is specific performance. Specific performance, as opposed to the alternative remedy of monetary damages, refers to the situation where a court orders the breaching party to honor his or her obligations under a contract - in other words, to perform as agreed.
The FMLA allows many, but not all, Arizona employees to take up to 12 weeks off, unpaid, for certain qualifying family and medical reasons. Pursuant to the FMLA, employees may take available leave for qualifying reasons without being subject to repercussions, including the loss of pay or termination of their employment.
Consideration, nevertheless, remains a contractual requirement, and although adequacy may not be examined, consideration must meet other pertinent requirements. One of these is that the consideration given, whether it be money, services, or some other measure of value, must be given in exchange for the transaction in question. In other words, past consideration is not sufficient.
A.R.S. § 33-2301 is part of Title 33, Chapter 21 of the Arizona Revised Statutes (A.R.S. § 33-2301-2302), which address a tenant’s right to request a commercial landlord to provide information on companies that provide telecommunications services to the building in question.
The Protecting Tenants at Foreclosure Act of 2009, part of the Helping Families Save Their Homes Act of 2009, was signed into law by President Obama on May 20, 2009. The Act contains several provisions designed to help tenants who are lawfully occupying a property that is foreclosed on due to the landlord's failure to pay the mortgage. The Act applies in foreclosure proceedings involving any federally-related mortgage loan on a residential property, which includes most residential properties in Arizona.
In some cases a lender or their successor may maintain a legal action to recover a balance left owing after the sale or foreclosure of real estate pursuant to a trust deed, which is addressed in A.R.S. § 33-807. Section 33-814 addresses the ninety-day time limitation for bringing such actions, the procedure for establishing the fair market value to determine the amount of a deficiency judgment, and the obligations of guarantors.
Over the years in meeting with thousands of clients and prospective clients I have learned that many people fail to understand the two distinct yet equally important parts of almost every lawsuit. From the moment a lawsuit is filed, your lawyer will begin preparing the case for trial, which involves gathering information to prove liability and damages.
A.R.S. § 12-3102 is part of Title 12, Chapter 22 of the the Arizona Revised Statutes, and this particular section defines in what situations the Chapter will apply - in particular confirming its application is limited to live persons, as opposed to entities like corporations.
The simple fact is that most cases settle. There are a number reasons that this is true, but at least one study suggests that settling is often the smart move. On August 7, 2008, the New York Times published an article entitled Study Finds Settling Is Better Than Going to Trial. The findings are consistent with the observations of many litigators who advise their clients that eliminating the risks and costs of trial can frequently be a smart move.
A.R.S. § 33-2302 is part of Title 33, Chapter 20 of the Arizona Revised Statutes (A.R.S. § 33-2201-2211), which address ownership and timeshare management in Arizona. Many Arizona laws including statutory provisions defining certain terms that are utilized in the relevant law. This section pertains to the Timeshare Owners' Association and Management Act.
Although most lenders, for both deficiency and tax reasons, simply assume the prevailing bid at a trustee's sale is the fair market value of a property, Arizona borrowers are entitled to challenge that presumption under Arizona law.
A.R.S. § 12-3103 was enacted by the Arizona Legislature to expressly address the ability of courts and other official bodies to enforce foreign laws that may violate rights guaranteed by federal law or Arizona State law, or that conflict with such laws.
The Arizona Employment Protection Act includes various employment protections that the legislature has deemed are consistent with the "public policy of this state." The Act also severely limits contract-based claims, effectively eliminating such claims if there is no written contract. One of the protections provided applies to retaliatory actions based on the exercise of workers' compensation rights.
Although it is not a frequent occurrence, sometimes an employee is surprised when his or her employer fails to pay them wages earned. There are a variety of statutes and laws pertaining to the payment of wages, most of which are set forth at A.R.S. §§ 23-350 - 23-392, that require payment of wages within a specific period of time and also allow for certain penalties when wages are not paid in a timely manner.
If you're facing the foreclosure of your Arizona home and you want to stop the foreclosure sale, please act now. We meet with far too many people who have a trustee's sale coming up within days (or sometimes hours) and they want to do something to stop the sale. Even if there are legal grounds to challenge the sale, it can be very difficult - and much more expensive - without the benefit of time.
The real lesson from this article is how easy it can be for a lawsuit to get out of hand. Even more than the money spent by both sides, this dispute over roughly $2,000 dragged on for over a decade, likely inflicting untold and uncompensible emotional damage on all involved - not to mention the time lost that could have been spent on more productive endeavors.
Arizona lenders, in some but not all cases, may maintain legal actions to recover a balance left owing after the sale or foreclosure of real estate pursuant to a trust deed, which is addressed in A.R.S. § 33-807. Section 33-814 addresses the ninety-day time limitation for bringing such actions, the procedure for establishing the fair market value to determine the amount of a deficiency judgment, and the obligations of guarantors.
A.R.S. § 33-2303 is part of Title 33, Chapter 20 of the Arizona Revised Statutes (A.R.S. § 33-2201-2211), the Timeshare Owners' Association and Management Act, which governs the various legal duties associated with timeshare ownership and timeshare management in Arizona.