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Arizona Journal of Real Estate & Business
More than 150,000 readers see the journal each month.

Arizona Journal of Real Estate & Business is a free monthly publication mailed to more than 85,000 subscribers. The Journal is also delivered in bulk to the larger real estate brokerages throughout the metropolitan Phoenix area.

More than 150,000 readers see the Arizona Journal of Real Estate & Business each month. Subscribers are people throughout Arizona, most of them concentrated in the Phoenix metropolitan area, recipients of our publication include community leaders.

Take a minute to browse our online version to explore what we have to offer.
Commercial Corner
1/6/2010  Greg McGill
Defeasance, Asset Liquidation and Payment Plans
In commercial real estate there are many different angles that one must consider when navigating through the minefield of issues, laws and regulations that can affect our business activities and investments. One such area is called “Defeasance”. Virtually every fixed rate conduit/CMBS loan originated since 1998 requires the borrower to defease the loan in order to sell the underlying property or to refinance the property.
• Is Your Membership Interest In an LLC A “Security”? This Could Affect Your Rights! • Litigation Claims and Defenses • LLC’s; Litigation; Asset Protection And “Cramdown” Your Rental Property Debt
Law Briefs
6/10/2010
Earnest Money, Liquidated Damages and Purchase Options
The earnest money deposit is a common feature of Arizona real estate transactions. Earnest money is the sum of money paid by a buyer at the time of entering into a contract to indicate the intention and ability of the buyer to carry out the contract. Often, the contract provides that the earnest money is forfeited if the buyer defaults under the contract. However, the right of the seller to retain the earnest money is not automatic. In fact, Arizona law presumes that a contract provision providing for the forfeiture of an earnest money deposit is a penalty and thus not enforceable.
• Limited Liability for Small Businesses • Short Sales and Arizona's Anti-Deficiency Laws By Daniel Kloberdanz • What Every Lender Should Know About Trustee’s Sales
The Legal Advisor
5/4/2010
Are Your Property Taxes Rising, While Your Land Values Continue to Decrease?
There is an interesting phenomenon out there in the Arizona real estate market and it is striking vacant land throughout the state, whether the vacant land is located in Maricopa County, Pinal County or any of the other various counties. That phenomenon is the ever increasing tax valuations for vacant land when, in today’s market, as many of you can attest to yourself, the value of real estate, and specifically vacant land has decreased dramatically. In fact, in some rural areas of Arizona there have been reports that vacant land value has decreased by over seventy five percent.
• Arizona Supreme Court Clarifies Economic Loss Doctrine • Common-Law Dedication Doctrine & Public Rights-Of-Way Update • DISCLOSURE; WHAT YOU NEED TO KNOW • Fannie Mae’s Deed for Lease Program • Getting Even with the Ex by Getting Right with God • Joining The Circle of Care: Uninvited Guests • Legacy Subdivisions And ADRE Cease And Desist Orders • Legal Obligations Regarding A Property
Legal Forum
6/9/2010
Bankruptcy Strategies
Q: Is it necessary to understand the basics of personal bankruptcy when negotiating a short sale or considering a strategic default? A: Bankruptcy is a potentially powerful tool for homeowners in financial difficulty, so yes, it is invaluable to at least know the basics of personal bankruptcy. Of course, as each homeowner’s particular situation may be unique and as the bankruptcy laws are complex
• Legal Forum Deficiency Risks • Strategic Default
Special Interest
1/31/2009  Jay Tibshraeny
Solar Technology
Attracting quality employers to Arizona should be one of our highest priorities, especially in these trying economic times. With a ready-made market created by the 300 days of sunshine each year, the solar industry would be a natural fit for us.
• Legal Requirements to Protect a Client’s Personal Information • 203k and Then Some • Alternate Assessment Collections in HOAs • Are Liens Holding Up Your Transaction? • Bankruptcy Effect • Before Saying “I Do” • Buying A Fixer Upper with an FHA 203k Loan • Cash Collateral In Chapter 11 Cases • Commercial Foreclosures Offer Opportunities
General Real Estate
8/18/2010
A Change In the Trustee Sale Laws
Foreclosure, one of the hot economic topics in Arizona, has some new legal requirements. The Arizona state legislature passed and the governor signed, House Bill 2626, which requires lenders and homeowners to explore options that avoid foreclosure. Two methods of foreclosure are available to a lender in Arizona - the judicial foreclosure and the trustee sale process. Judicial foreclosure, rarely used in Arizona because it is a costly and lengthy process, is a court proceeding initiated by a lender. HB 2626 does not impact the judicial foreclosure process available to lenders. Rather, HB 2626 applies when a lender chooses the trustee sale method to recover the house given as loan collateral.
• A Sea Of Change • An Informed Purchaser • Call a Lawyer and Sue Me • Collecting on Commercial Leases • Defending Sellers in Disclosure Disputes (Things Brokers Should Know) • Disclosure Lawsuits – Agent and Broker Liability • Does the Red Flags Rule Apply to You? • Domestic Violence Release Demands • Earnest Money Disputes
Editorial
1/7/2010  Bill Gray
#194 - Time Schedules
With the start of the new year we will set many goals. We have time schedules and self imposed deadlines for these goals to be accomplished.
• #196 - THE FLOW • #198 - What You Can’t Buy • #199 – Navigation • #200 - Estate Planning
Publisher’s Letter
1/6/2010  Don Miner
Anti-Deficiency Statute Correction Signed by Governor
On November 23, 2009, Arizona’s Governor, the Honorable Jan Brewer, signed Arizona Senate Bill (“SB”) 1004 which had been pending before the Fourth Special Session of the Legislature for 2009. SB 1004 was approved by both the Arizona House of Representatives and the Arizona Senate with an emergency clause as well as a provision for it to be effective retroactively to September 30, 2009. SB 1004 thus became effective as soon as signed by the Governor and relates back to September 30, 2009.
• Attending to the Little Things • Give It A Try • REACHING OUT ALONG THE WAY • The Power of Competent Communication