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Posts Categorized: Laying Down the Law

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

Joint Owners Of Easement Must Share Costs To Maintain Easement

Laying Down the Law

Christopher J. Charles, Esq. Founder, Provident Law   When multiple property owners share interests in an easement, who must pay for the easement’s maintenance? If the recorded easement describes who is responsible for repairs, maintenance, or improvements, the answer is easy: the recorded easement controls and the owners must respect the easement’s direction. But if… Read more

Whose Business Is It Anyway? Considerations for Dividing Assets In A Divorce

Laying Down the Law

Christopher J. Charles, Esq. Provident Law Special Guest Writer David W. Ronald, Esq.   Sadly, according to recent statistics, roughly half of marriages end in divorce. When “irreconcilable differences” occur, one of many important considerations is how to equitably divide marital assets. Arizona is a community property state. Absent other contracts or agreements, when a… Read more

HUD Says Screening Based on Arrest Record May Violate Fair Housing Act

Laying Down the Law

Christopher J. Charles, Esq. Provident Law   As many as 100 million U.S. adults – or nearly one-third of the population – have a criminal record1. The U.S. Department of Housing and Urban Development (HUD) recently issued a warning and compelling statistics that reveal that certain protected classes are being disproportionately impacted by their criminal… Read more

What You Need to Know About Crowdfunding

Laying Down the Law

Written by Christopher J. Charles Special Guest Writer Andy G. Anderson Provident Law   I have a soft spot for freebies – giveaways, handouts, complimentary gifts, whatever you prefer to call them. Since 2013, I’ve participated in a medley of musical “crowdsourcing” projects, which have netted me quite the bounty, including, but not limited to:… Read more

Court Rules that Provisional Remedies Apply to Breach of Lease

Laying Down the Law

Christopher J. Charles, Esq. Provident Law   The Maricopa County Superior Court recently ruled in favor of Provident Law’s client and found that Arizona’s provisional remedies statutes, A.R.S. §§ 12-1521 and 12-2402(A), apply to breach of lease disputes. This ruling provides landlords with significant leverage for collecting unpaid rent from tenants. Provisional remedies provide creditors… Read more

When In Doubt, Disclose

Laying Down the Law

Christopher J. Charles, Esq. Provident Law   It has been famously said that “with great power comes great responsibility.”1 This is especially true for REALTORS® who, under Article 26 of the Arizona Constitution, may “draft any and all instruments, including contracts, incident to the sale, exchange, trade, or leasing of property.”2 Because of this authority,… Read more

The Dodd-Frank Act and Post-Possession Agreements

Laying Down the Law

Christopher J. Charles, Esq. Provident Law   As discussed in this column’s recent article regarding pre-possession agreements, key provisions of the Dodd Frank Act (“Dodd Frank”) took effect in 2015. Dodd Frank aims to revamp the United States regulatory system, especially in regard to mortgage lending. To that end, Dodd Frank created material changes to… Read more

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