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Posts Categorized: Laying Down the Law

Choosing the Correct Business Entity

Laying Down the Law

  Christopher J. Charles, Esq. Partner, Provident Law    Co-writer Andy Anderson, Esq.            Attorney, Provident Law              Societies have conceived new business structures since time immemorial. Fundamentally, joining together with business partners spreads the demands of capital and limits risk. Italians made family firms, compagnia,… Read more

How To Transfer Title With The Beneficiary Deed

Laying Down the Law

    By Christopher J. Charles, Esq. and Bryan Eastin The intersection of real estate law and estate planning can often produce some interesting results. The decision in the Estate of Ganoni, 238 Ariz. 144, 357 P.3d 828 (App. 2015) is illustrative. Most real estate professionals are familiar with beneficiary deeds. This form of deed… Read more

SLANDER OF TITLE = STRICT LIABILITY

Laying Down the Law

Christopher J. Charles Founder and Managing Partner, Provident Law   One of the chief hallmarks of America’s jurisprudence is our careful protections and respect for one another’s individual property rights.  For example, regarding real estate, it is unlawful to record a groundless document or lien against a real property.  Indeed, a person who causes a… Read more

FOREIGN SELLERS BEWARE: Why FIRPTA Matters Again

Laying Down the Law

Christopher J. Charles, Esq. Founder and Managing Partner, Provident Law Anytime a foreign investor sells real estate in America, FIRPTA1 is triggered and the buyer/escrow agent is required to withhold 10% of the sales price. Due to the high number of Canadian property owners in Arizona, FIRPTA issues are not uncommon. FIRPTA impacts foreign individuals… Read more

THE PACA TRUST

Laying Down the Law

Christopher J. Charles, Esq. Founder, Provident Law   Imagine you loan $1,000,000 to a third party concerning the purchase of a commercial property and you secure the loan with a “purchase-money mortgage” or deed of trust in first position.  Months later, the borrower defaults and you initiate the foreclosure sale. Then, days before the scheduled… Read more

Specific Performance

Laying Down the Law

Christopher J. Charles, Esq. Founder and Managing Partner, Provident Law   Attorney Christopher Charles recently achieved a noteworthy victory for his real estate client in a purchase contract dispute where the buyer sought specific performance of the contract. The threat of specific performance is often an effective tool for buyers when a seller gets cold… Read more

Civil Remedies and the Commercial Lease

Laying Down the Law

Christopher J. Charles, Esq. Founder, Provident Law   Just like the ancient feudal lords, commercial landlords today have considerable rights and remedies if a tenant defaults. Two chief examples include the non-judicial lockout and pre-judgment provisional remedies. Fortunately, provisional remedies are rarely needed because the mere threat of enforcement generally accomplishes the landlord’s goals. Commercial… Read more

Property Owners Waive All Claims And Defenses Against Lender After Foreclose

Laying Down the Law

Christopher J. Charles, Esq. Owner, Founder, Provident Law   Pursuant to Arizona’s deed of trust statutes, if a borrower defaults on her mortgage obligations, the lender may foreclosure non-judicially by recording its Notice of Trustee Sale with the County Recorder’s Office. See generally, A.R.S. § 33-801, et seq. Importantly, if the borrower believes that she… Read more

You’re Not In Kansas Anymore: A Cautionary Tale Concerning Real Estate Transactions in Arizona

Laying Down the Law

Christopher J. Charles, Esq. Owner/Founder Provident Law Special Guest Writer Eric L. Walberg Attorney, Provident Law   With interest rates hovering at historic lows and prices generally stable, many experts agree that now is still a good time to purchase real estate in Arizona. Everyone appreciates a good deal. But some buyers approach that goal… Read more

Mediating Real Estate Disputes

Laying Down the Law

Christopher J. Charles, Esq. Founder, Provident Law   Most real estate transactions close escrow relatively smoothly and involve happy clients. But if you work in this industry long enough, sooner or later you will encounter a buyer/seller dispute. Common disputes include non-disclosure and misrepresentation claims regarding the property’s condition. Other common disputes include claims for… Read more

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