Posts Categorized: Laying Down the Law
LAYING DOWN THE LAW – New Rules for Evictions
Laying Down the Law, Market Forecast
November 1, 2019
Christopher J. Charles Attorney, Provident Law The Arizona Supreme Court recently promulgated new rules for eviction actions. Per the new rules, before proceeding with an eviction action, landlords must serve tenants with not only the Complaint and Summons, but also with a copy of the controlling lease, any addenda to the lease, plus a… Read more
LAYING DOWN THE LAW – It’s All About The [Purchase] Money: Are Construction & Home Improvement Loans Entitled to Anti-Deficiency Protection?
Financial Goals, Laying Down the Law
October 15, 2019
Christopher J. Charles, Esq. Provident Law Phillip A. Overcash, Esq. Provident Law Arizona law provides certain protections to homeowners who obtain purchase money financing for a home and then subsequently default. There are, however, important limitations to those protections. The Arizona Court of Appeals recently held that, generally, construction loans qualify as a purchase… Read more
LAYING DOWN THE LAW – LEGAL HEADACHES: CAN TENANTS SUE THEIR LANDLORD FOR ANNOYANCE OR EMOTIONAL DISTRESS CONCERNING A PROPERTY’S CONDITION?
Laying Down the Law
April 30, 2019
Christopher J. Charles, Esq. Provident Law Phillip A. Overcash, Esq. Provident Law The Arizona Residential Landlord and Tenant Act, A.R.S. § 33–1301 et seq., (the “Act”), provides a comprehensive framework regulating the rights and responsibilities of landlords and tenants under a lease for residential properties. Arizona courts have interpreted the Act to provide broad… Read more
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