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Posts Categorized: Laying Down the Law

LAYING DOWN THE LAW – Election of remedies: can mortgagees have their cake and eat it too?

Laying Down the Law

Christopher J. Charles, Esq. Provident Law   Most secured creditors have multiple options if the debtor defaults on payment. That is precisely why they require borrowers to pledge security (such as real estate) for the performance of the debt repayment – so that if the borrower defaults, the creditor is not limited to the borrower’s… Read more

LAYING DOWN THE LAW – HOW LONG CAN A LENDER WAIT BEFORE FORECLOSING OR SUING ON A NOTE?

Laying Down the Law

Christopher J. Charles, Esq.   Bryan Eastin, Esq. Justice Oliver Wendell Holmes, Jr. once asked: “What is the justification for depriving a man of his rights, a pure evil as far as it goes, in consequence of the lapse of time?”¹ There are several reasons to consider when answering this age-old question. First, our laws… Read more

LAYING DOWN THE LAW – WORD OF THE DAY: “ENCUMBRANCE”

Laying Down the Law

Christopher J. Charles, Esq.   Phillip A. Overcash, Esq. Break out your dictionaries; or just rely on the word of the Arizona Court of Appeals to define “encumbrance” in the real estate world. In Baumgartner, et al. v. Timmins, 1 CA-CV 17-0484, the Arizona Court of Appeals recently held that certain affidavits recorded against real… Read more

LAYING DOWN THE LAW – PROTECTING YOUR REAL ESTATE COMMISSION

Laying Down the Law

Christopher J. Charles, Esq. From time to time, even the best, most experienced real estate brokers encounter real estate commission disputes. Disagreements over commissions take many forms, such as: (1) when a client prematurely “cancels” the listing; (2) when a client “cancels” a purchase contract; (3) when a client allows the property to proceed to… Read more

LAYING DOWN THE LAW – THE LLC ACT, VERSION 2.0 OVERVIEW OF ARIZONA’S NEW LLC LAWS

Laying Down the Law

Christopher J. Charles, Esq.   Andy G. Anderson, Esq. After a 25-year-long tenure, Arizona’s Limited Liability Company Act will be retiring soon, to be updated by a comprehensive new law signed by Governor Ducey this last legislative session. Attorney Andy G. Anderson and a small group of Arizona business lawyers spent the last two years… Read more

LAYING DOWN THE LAW – Who Gets the House? How the Courts Divide Real Property Between Co-Owners in Partition Actions

Laying Down the Law

Christopher J. Charles, Esq.   Bryan Eastin, Esq. Joint ownership of real estate provides many benefits, including increased buying opportunity, shared expenses, avoidance of probate, and shared risk/liability. Co-ownership also provides opportunities for disagreement. For example, co-owners might not agree on when to sell or how the proceeds should be apportioned. When an impasse like… Read more

LAYING DOWN THE LAW SUBCONTRACTOR MECHANIC’S LIENS DO NOT APPLY TO PRIMARY RESIDENCES

Laying Down the Law

Christopher J. Charles, Esq. The residential housing market, including residential construction, continues to thrive. Because most contractors don’t get paid until a job is complete, the law affords contractors specific rights and remedies to ensure that they get paid. But, as the Arizona Court of Appeals recently held, contractors’ rights are not without limitations. Perhaps… Read more

LAYING DOWN THE LAW – CAVEAT EMPTOR: UPDATED AAR PURCHASE CONTRACT REMOVES SELLER WARRANTIES

Laying Down the Law, Legal Forum

Christopher J. Charles, Esq.   Philip A. Overcash, Esq.   Change can be a mixed bag. For sellers, the recent changes to the standard residential real estate purchase contract can be favorably viewed, but buyers should pay careful attention to the warranty provisions. The Arizona Association of REALTORS® (AAR) periodically updates the Residential Resale Real… Read more

LAYING DOWN THE LAW – Supreme Court Rules That Claims For Wrongful Foreclosure Must Be Filed Prior To Trustee Sale

Laying Down the Law, Legal Forum

Christopher J. Charles, Esq.   Andy Anderson, Esq.   The recent Arizona Supreme Court case Zubia v. Shapiro, 243 Ariz. 412 (2018), reminds homeowners to obtain early legal counsel when facing foreclosure, while bolstering lenders’ affirmative waiver defenses. Particularly, the Supreme Court ruled that borrowers waive claims to damages concerning the validity of a trustee’s… Read more

LAYING DOWN THE LAW – BEST PRACTICES FOR PROPERTY MANAGERS AND LANDLORDS

Law Briefs, Laying Down the Law, Legal Forum

Christopher J. Charles, Esq.   Bryan L. Eastin, Esq.   PROVIDENT LAW® recently won a difficult landlord-tenant dispute following a two-day trial. Following are a few tips that will help owners and property managers minimize or eliminate some common problems that our clients have recently encountered. First, owners should have a solid lease agreement. The… Read more

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