• 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 [...]

  • 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 [...]

  • 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 [...]

  • 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 [...]

  • 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 [...]

  • 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 [...]

  • 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. [...]

  • This is your bankruptcy; you get out of it what you put in

    "This is your bankruptcy; you get out of it what you put in" K.B. Diane Drain, and her amazing teammate, Jay were two of the most helpful, caring individuals I have met in a long, long time. The process of bankruptcy is daunting, having a guiding hand [...]

  • Diane and Jay were excellent

    “Diane and Jay were excellent” R.B. Diane and Jay were excellent. They were very patient with all the questions we had during the process. I would recommend them for anyone who needs help.

  • You literally saved my sanity and helped me get back on track.

    You literally saved my sanity and helped me get back on track. D.S. Diane Drain and her paralegal, Jay McClimon were absolutely top-notch and experienced in every respect. She's experienced, kind, and compassionate - 3 qualities you really want in a bankruptcy attorney. I had been feeling [...]