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.

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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.

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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.

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Employee Eligibility For FMLA Benefits

The Family Medical Leave Act (FMLA) is a federal law that provides certain benefits and imposes certain obligations on Arizona employees and employers. In general, eligible employees are entitled under the FMLA  can take up to 12 weeks of unpaid leave in a 12-month period for certain family and medical reasons.

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How Long From No Payment To Foreclosure?

Unfortunately, there is no way to accurately predict how long it will take an individual lender to initiate and complete a Trustee's Sale on any individual home. Technically, as soon as the loan is in default due to the failure to make timely payments the lender may start the process, but usually it takes much longer.

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The Arizona Residential Landlord and Tenant Act

The Arizona Residential Landlord and Tenant Act is codified in the Arizona Revised Statutes at A.R.S. Sections 33-1301 through 33-1381. Landlords and tenants should be aware, however, that other statutes and laws may also be pertinent to their case, particularly those governing forcible detainer actions and, in the case of mobile homes, the separate Arizona Mobile Home Parks Residential Landlord and Tenant Act.

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Understanding Arizona's Anti-Deficiency Laws

In Arizona, absent some agreement, rule or statute to the contrary, a lender can generally seek a deficiency judgment after foreclosing on a property securing a loan, if the property does not sell for enough money to satisfy the debt in full. Fortunately for most typical Arizona homeowners, the Arizona legislature has adopted anti-deficiency statutes that preclude such recourse in many typical fact scenarios.

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Understanding The Role Of The EEOC In Employment Law

The EEOC is a Commission established by U.S. federal law that is responsible for enforcing federal employment laws that prohibit certain types of discrimination. The EEOC does not have a direct role in the investigation or enforcement of state law violations, and is also not the place to go for other types of employment claims, such as workplace injuries or wage and hour violations, that do not involve discrimination.

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When A Lender Issues Tax Form 1099-C, Is It Barred From Collecting The Debt Under Arizona Law?

The Arizona Court of Appeals, in the case of Amtrust Bank v. Fosset, recently addressed the question of whether a lender who has issued federal tax Form 1099-C indicating a debt was cancelled may thenn sue the borrowers on the obligation. This is an issue of significant importance in Arizona due to the economic conditions that have resulted in a flood of foreclosures, following which many borrowers will receive Form 1099-C.

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Arizona Anti-Deficiency Law And Short Sales

The anti-deficiency statutes currently on the books, in particular A.R.S. § 33-814(G), apply only to instances where the property is "sold pursuant to the trustee's power of sale," not in the case of a short sale. Although there have been discussions of enacting legislation addressing short sales, and in particular the issue of deficiency liability in a short sale, no such legislation has been enacted.

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