Posts Categorized: Laying Down the Law
LAYING DOWN THE LAW – WHY MEDIATION TRUMPS LITIGATION
Laying Down the Law, TEAMS
April 1, 2019
Christopher J. Charles, Esq. Provident Law “Where there are no oxen, the manger is clean, but an abundant harvest comes through the strength of the ox.” Proverbs 14:4. Put another way, if you don’t do any work, you might have a clean stable, but you won’t have any crops. Applying this principal to business,… Read more
LAYING DOWN THE LAW – COURT RULES THAT JUDGMENTS DO NOT ATTACH AS LIENS TO HOMESTEAD PROPERTIES
Laying Down the Law
February 26, 2019
Christopher J. Charles, Esq. Provident Law Bryan Eastin, Esq. Provident Law Most civil cases never reach the trial stage. Instead, they are settled before trial. However, in the smaller percentage of cases that proceed all the way to trial, the Court will award to the prevailing party a judgment. These judgments are typically recorded… Read more
LAYING DOWN THE LAW – ARE USURY LAWS STILL RELEVANT?
Laying Down the Law
January 29, 2019
Christopher J. Charles, Esq. Provident Law Samuel J. Doncaster, IV, Esq. Provident Law One of the greatest misconceptions of Arizona law is that usury is no longer a viable cause of action. In the 1980s, Arizona amended the usury laws to remove the interest rate ceiling. As a result, today’s usury laws essentially authorize… Read more
LAYING DOWN THE LAW – Death and taxes: The Statutory Requirements for Purchasing, Redeeming and Foreclosing on Tax Liens in Arizona
Laying Down the Law
January 1, 2019
Christopher J. Charles, Esq. Phillip A. Overcash, Esq. Two things in life are certain: death and taxes. And if you don’t pay your taxes, there can be severe consequences. For example, if you fail to pay your property taxes, someone else can swoop in, pay the tax liability, and then ultimately claim title to… Read more
LAYING DOWN THE LAW – Election of remedies: can mortgagees have their cake and eat it too?
Laying Down the Law
November 27, 2018
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
October 31, 2018
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
October 1, 2018
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
August 30, 2018
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
July 30, 2018
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
July 5, 2018
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