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Posts Categorized: Laying Down the Law

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

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

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