Resources

An Overview of Arizona's Anti-Deficiency Statutes

Jon Dessaules's picture
Jun 21 2012 - 10:17am

A foreclosure often results in the bank receiving less than the full amount owed on a loan. Whether banks may or may not pursue you for the balance due, or deficiency, depends on the application of a state’s anti-deficiency statutes. An anti-deficiency statute is a state law governing whether and when a lender may pursue a judgment following, or in lieu of, a foreclosure. Arizona has two main anti-deficiency statutes that provide protection to homeowners with qualifying property.

Second Mortgages and Lines of Credit

Jon Dessaules's picture
Jun 21 2012 - 10:15am

Arizona law prohibits a lender from filing a lawsuit to collect on a home loan where the loan represents “purchase money,” that is, money used to purchase the property. This includes purchase money loans that are technically denominated as “home equity lines of credit” taken out at the time of the original purchase of the home. It also includes first, second, and even third mortgages where the money was borrowed as part of the purchase of the property.

Employment Law Update: The Best of 2011 and Resolutions for 2012

Jon Dessaules's picture
Feb 17 2012 - 12:04pm

2011 saw a lot of action in the world of employment law and 2012 promises even more. Join us for an informative, entertaining seminar on today's hot topics, and learn how to promote a positive, productive work environment with practical strategies for avoiding employee-related issues.  Rachel Maron, an attorney with more than ten years specializing in employment law, will discuss:

Can they really shut off my water?

Jon Dessaules's picture
Apr 18 2011 - 1:45pm

Homeowner and condominium associations are increasingly adopting policies for shutting off water or other utilities where an owner has fallen behind in his or her assessments, owes fines or penalties for violating the governing documents, or is supposedly refusing to follow rules.  Although people who own in a homeowner association generally are obligated to pay assessments, associations commonly use these water shut-off policies in order to force members to pay assessments, fines, penalties or other charges that they may not owe.  These owners often face an unfair choice: Pay wha

My Homeowners Association Obtained a Judgment Against Me for $1,200. Why Do I Now Owe Them $6,000?!

Jon Dessaules's picture
Apr 18 2011 - 1:42pm

If you live in a homeowners association and have ever fallen behind on your assessments, chances are good you received one or more letters threatening legal action.  If you have been unlucky enough to be sued by your homeowners association and lost, chances are very good that your homeowner association has added court costs and attorneys’ fees to the amount of the unpaid assessments.  Arizona law and homeowners association’s governing documents generally permit a homeowners association, if successful in court, to include its costs and attorneys’ fees in addition to the unpaid asse

What Happens After the Bankruptcy Discharge: An Emerging (and Disturbing) Trend in Foreclosure, Bankruptcy and HOA Law

Jon Dessaules's picture
Apr 12 2011 - 5:15pm

The prevalence of foreclosures in the real estate market has had several unexpected repercussions to distressed homeowners who have made the decision to walk-away from their home.  Banks appear to be unable, incapable, or unwilling to handle the volume of foreclosures, so a distressed homeowner may continue to own his or her home for months, and occasionally even years, after receiving a Notice of Trustee’s Sale (rather than the 90-days stated in the Notice).