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Posts Categorized: Laying Down the Law

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

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

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

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

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

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

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

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