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. [...]
Filing for bankruptcy Is not the end of the world
“No one wants to go through bankruptcy. But if you do find yourself in that position, it's not the end of the world. ” L.A. If you find yourself in the situation where you have to go through bankruptcy proceedings, there is no better persons that Diane [...]
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