Arizona Supreme Court Holds That A.R.S. § 33-814(G) Only Applies When A Dwelling Has Been Completed

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.

Basic Arizona Contract Law - What Is "Consideration" & How Much Is Required

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.

The Protecting Tenants at Foreclosure Act of 2009

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.

A.R.S. § 33-814 - Arizona's Law Governing Legal Actions to Recover A Deficiency Judgment After The Sale Or Foreclosure Of Property Under A Deed Of Trust

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.

There Are Two Parts To Every Case

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.

When Is Settling Better Than Going To Trial?

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. § 33-2202 - Definition Of Terms Used In The Timeshare Owners' Association And Management Act

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.

Arizona Wrongful Termination Law - Retaliation For The Exercise Of Lawful Rights To Workers' Compensation Benefits

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.

A.R.S. § 23-201 - Liability For Obtaining Labor By False Pretenses

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.

Don't Delay When It Comes To Stopping A Foreclosure In Arizona

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.

Who Really Won This HOA Lawsuit?

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.

A.R.S. § 33-814 - Lender Deficiency Claims After Foreclosure

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.