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 [...]
-
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 [...]
-
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. [...]
Your process and approach are clear, comprehensive, and thoughtful
"Your process and approach are clear, comprehensive, and thoughtful" A.J. Your process and approach are clear, comprehensive, and thoughtful. You treated us with the utmost respect and left no stone unturned in helping us to sort through and make appropriate decisions from our first meeting through the [...]
She knows the ins and outs
"She knows the ins and outs" M.D. I’ve been in the legal field for over 25 years (as a legal secretary and paralegal) and Diane is a top notch attorney. She knows the ins and outs of this area of law and does a really great job of explaining [...]
I will never forget how much they helped me get my life back.
I will never forget how much they helped me get my life back. R.A. As you can imagine, filing for bankruptcy can be stressful. Finding the right attorney can add to this stress. Working with Diane and Jay to guide me through this difficult process was the [...]
From our initial consultation, we were impressed by Diane’s legal knowledge and compassionate nature
“From our initial consultation, we were impressed by Diane's legal knowledge and compassionate nature,” C.R. My elderly parents were experiencing financial difficulty due to dealings with an unscrupulous timeshare company. Their only option was to file bankruptcy. While searching for a bankruptcy attorney, we came across the [...]
Superb Client Service
“Superb Client Service” E.G. Diane and Jay have far exceeded my expectations of legal services by going above and beyond. Not only did they help me prepare during that most stressful time period in my life but also educated me during the process to prevent any future [...]
ow I can finally breathe easy and deep again
"I can finally breathe easy and deep again." J. Thank you so so much for all your help and understanding. Especially in the beginning when I had so many questions and you were so very patient with me. I felt that you were very upfront about everything, letting [...]
Diane and Jay are caring professionals providing exemplary representation
“I found the Law Office of D.L. Drain to be caring professionals providing exemplary representation…” R.B. Disability and subsequent early retirement caused a growing realization of the need to pursue bankruptcy. I started the process of selecting an attorney with fear and trepidation. [...]
Following her guidance help make the process as smooth as possible
“Following her guidance help make the process as smooth as possible” D.K. Diane is extremely knowledgeable about the whole process. Following her guidance help make the process as smooth as possible. Throughout the process she treated me with the upmost in respect and professionalism. [...]
Diane’s advice was free, generous and to the point
“Diane’s advice was free, generous and to the point” S.I. I have called Diane seeking help with a Real Estate issue. Even though my issue does not fall into her area of focus, she kindly gave advice and recommended someone else. I wish I could hire her, [...]
An expert who gets the job done!
"An expert who gets the job done!" B.R. An expert who gets the job done! We hired Diane Drain to handle a complicated eviction / Lift of Stay on a tenant who filed bankruptcy. Not only did she answer my multitude of questions in a timely manner, [...]
Going thru CH13 was a huge and difficult decision for us
"Going thru CH13 was a huge and difficult decision for us" D.M. Going thru CH13 was a huge and difficult decision for us. Both Diane and Jay were very patient. Took time to explain everything. They were receptive, understanding and helpful thru the entire process. As you [...]
If you find yourself in the situation where you have to go through bankruptcy
No one wants to go through bankruptcy. But if you do find yourself in that position, it’s not the end of the world. If you need someone to help you get through the bankruptcy process, choose Diane. She won’t let you down. L. A. If you find [...]
You made an unexpected, uncomfortable experience easy
"You made an unexpected, uncomfortable experience easy." J. & H. You made an unexpected, uncomfortable experience easy to get thru and recover and move on in our lives!. Thank – you are the best.
Diane Helped me Maneuver the Process of Bankruptcy Through an Unusual Situation
“You can feel confident in her ability to provide you with any and all answers that may arise. ” D.L. I can’t say enough about the professionalism for Diane Drain and Jay. She helped me maneuver the process of Bankruptcy through an unusual situation. I highly recommend Diane [...]
Our situation was complicated by having moved here recently from another state, but that posed no problem for them
“Our situation was complicated by having moved here recently from another state, but that posed no problem for them” R.B. Diane and Jay did a great job for us. Diane is a very knowledgeable, experienced, and well-connected bankruptcy lawyer. She instructed us well, was invaluable in getting [...]
I am glad that Diane was the person to lead me through it
"I am glad that Diane was the person to lead me through it." T. I wish that I did not have to file for bankruptcy protection; nevertheless, having to go through the process I am glad that Diane was the person to lead me through it. Diane definitely [...]
We were put at ease throughout the process
"We were put at ease throughout the process" S.L. Diane and Jay made sure we were put at ease throughout the process.
Diane and Jay did an excellent job
"Diane and Jay did an excellent job" S.K. Diane and Jay did an excellent job and my wife and I could not be happier. She was able to help us keep the assets that were important to our family and answered our questions along the way. Very [...]
