Published On: August 29, 2022
Arizona Revised Statutes, Section 12-1566(D), requires a creditor collecting on a deficiency to proceed first against all other real property of the debtor before proceeding against the debtor’s primary residence. This law does not apply [...]
Published On: August 29, 2022
Can Borrower Waive Anti-deficiency Protection? No, as determined in Parkway v. Zivkovic, 1 CA-CV 12-0612 (7/2013) This appeal presents the issue whether the anti-deficiency protections afforded by Arizona Revised Statutes (A.R.S.) section 33-814(G) (Supp. 2012) may be [...]
Published On: August 29, 2022
VA Loans: DEFICIENCY allowed. Connelly v.J Dervinski, 961 F.2d 129 (9th Cir, 1991) Once again we are asked to determine, once again, whether a state anti-deficiency scheme is preempted by Department of Veteran Affairs (VA) regulations [...]
Published On: August 29, 2022
NOTE: REDEMPTION RIGHTS AFTER A JUDICIAL FORECLOSURE, NOT PERMITTED AFTER A TRUSTEE’S SALE Helvetica Servicing, Inc. v. Gold, No. 1 CA-CV 11-0100 deals with redemption rights after judicial foreclosure. One defendant requested fair market value determination [...]
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Published On: August 29, 2022
Helvetica Servicing Inc. v. Pasquan Arizona Supreme Court, 8/25/20 (the 5th appeal). To resolve the fact question of whether a residential purchase money loan is a construction loan or a home improvement loan, the Arizona Supreme [...]
Published On: August 29, 2022
Resolution Trust Corp. v. Segel, 173 Ariz. 42, 839 P.2d 462 (App.1992), we examined the impact of the Baker holding on non-purchase-money loans that were secured by second-position deeds of trust on residential property of [...]
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Published On: August 29, 2022
If the loan document is a mortgage, the next few questions are about the property. Did you borrow the money to buy the property? Is it a dwelling? Is it on 2 ½ acres or [...]
Published On: August 29, 2022
Miller Designs v. US Bank et al. CA-CV 16-0723, 244 Ariz. 265, (AZ Court of Appeals, Div. One, 2/13/18) Holding: : (1) A purchaser of real property acquired at an execution sale under Arizona Revised Statutes (“A.R.S.“) [...]
Published On: August 29, 2022
Without evidence of an intent to accelerate, merely recording a notice of trustee’s sale does not accelerate a debt. Bridges v. Nationstar Mortgage LLC, 1 CA-CV 19-0556, 1/14/21., A note and deed of trust contained an [...]
Published On: August 29, 2022
Helvetica Servicing Inc. v. Giraudo, 1 CA-CV 15-0490 2/9/17 The redemption price for a junior lienholder is the sale price of the secured property plus the outstanding value of the senior lienholder’s allowable deficiency judgment. [...]
OTHER REVIEWS – “She took her time to answer questions, even on a Sunday.”
“ She took her time to answer every single one of my questions and guided me how to go about resolving my issue” Mauro Rodriguez I just want to thank Diane for such professionalism, knowledge, and for being so patient and attentive. I called on a Sunday [...]
saves me a lot of time and money
Saves me a lot of time and money. M.M. Extremely knowledgeable attorney. Very helpful and patient, help me to understand the legal situation I am in which save me a lot of time and money. Thank you, Ms. Drain.
Diane and Jay helped out a family member file a bankruptcy.
"Some firms make you feel like a number and just want you to do the bankruptcy that benefits them more. Not Diane." S.E. Diane and Jay helped out a family member file a bankruptcy. They were very easy to work with during a their difficult time. Compassionate and [...]
Diane Was Fabulous During Our Bankruptcy
“Her assurance that there was nothing to be ashamed of, gave us the incentive to proceed.” S.R. Diane was fabulous during our bankruptcy, guiding us every step of the way. After medical bills got us behind, we didn't know where to turn and felt uncomfortable filing. Her [...]
Diane and Jay are extremely attentive and thorough
“Diane and Jay are extremely attentive and thorough.” W.R. I want to thank you so much for assisting us in getting this squared away. Diane and Jay are extremely attentive and thorough in getting things taken care of. Merry Christmas W.R. […]
Any questions we had were answered quickly.
“Any questions we had were answered quickly. ” L. C. Diane and Jay have been wonderful through this whole experience. I don’t know what we would’ve done without them. Any questions we had were answered quickly. I would highly recommend their law firm if you’re looking for [...]
We are very happy we were referred to Diane
"We are very happy we were referred to Diane" S.G. Diane helped my husband and me get past a difficult chapter in our lives. She answered all our questions and gave us excellent advice. We followed her directions from start to finish and the process went smoothly. Having [...]
thank you for helping me keep my car and some self respect
"Thank you for helping me keep my car and some self respect." G. Diane – thank you for helping me keep my car and some self respect. This was so hard to do. I did feel a sense of relief once I saw you and we actually were [...]
Thank you for your caring and professionalism with my case
"Caring and professional!" R.L. Thank you for your caring and professionalism with my case. You are the best!
It felt like we had some friends who cared about us
It felt like we had some friends who cared about us. S.D. My husband and I wanted to begin the process of starting our bankruptcy, but it’s really scary not knowing who you can trust and who would step up to bat for you. Diane and Jay [...]
She was very pleasant, knowledgeable and informative
"She was very pleasant, knowledgeable and informative" P.K. I live in Las Vegas and had a legal matter involving bankruptcy. My attorney in Las Vegas informed me that I would need an attorney from Arizona since the claim was filed in Arizona. I knew no one so [...]
Filing for bankruptcy can be a stressful life event
“Filing for bankruptcy can be a stressful life event” R.A. Filing for bankruptcy can be a stressful life event, and selecting the right attorney can add to this stress. Diane and Jay were a pleasure to work with, and it is obvious that they are passionate about helping people [...]
Highly recommend Diane and Jay
Highly recommend Diane and Jay. C.T. Diane and Jay were not only very knowledgeable and patient, but they took time to educate me and point me to the resources I needed. Diane and Jay walked me through every step and worked with me through any confusion or [...]
I felt well prepared and protected by Diane
“I highly recommend Diane Drain if you are looking for a fantastic bankruptcy attorney who will look out for you and your interests.” D.D.Z. Diane has been an amazing attorney. This was a hard time in my life but she kept me on track and was incredibly [...]
answered all of my questions thoroughly
"answered all of my questions thoroughly" E.L. Diane and Jay were amazing! They made everything so easy and answered all of my questions thoroughly. I appreciate all the help and guidance I received throughout my filing experience. I would highly recommend Diane to anyone looking into bankruptcy. [...]
You gave us great guidance
“You gave us great guidance.” J.B. Thank you !!! Diane and Jay for all your help. I would highly recommend your services. You were very caring and helpful during the whole process. You gave us great guidance through a very stressful time. We appreciate it. [...]
I really felt I could trust you
"I really felt I could trust you!" Excess Sales Proceeds, P. EXCESS SALE PROCEEDS: P. and I would like to thank you both, especially you Jay, for all the work you did in obtaining our Excess Funds check today. You somehow managed to get this done between January [...]
Diane is great
"Diane is great" G.S. Diane is great. After looking around for an attorney, I couldn’t be anymore happier with my decision of going with her. She answered all of my questions and took her time with me. Very motherly and straight forward. It’s very hard to find an [...]
