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. [...]
Nothing short of excellent
"Nothing short of excellent" A.M. Diane – you are nothing short of excellent! From the first hello, how can I help you- to congratulations, your discharge has been entered, you were superb! Patient, understanding, compassionate, kind, considerate, knowledgeable, highly-skilled expert are a few words that come to [...]
ROCKSTARS Diane and Jay!!! I am so happy
“ROCKSTARS Diane and Jay!!! I am so happy ” P.C. ROCKSTARS Diane and Jay!!! I am so happy to work with you again. Within a few months, you got me the BEST results. You did exactly what you said you would do. You went above and beyond [...]
I’m so grateful for all their help during a very stressful time.
“I'm so grateful for all their help during a very stressful time.” P.F. "Diane and Jay helped me tremendously. I highly recommend their services, and I'm so grateful for all their help during a very stressful time." P.F.
Being of Service to Others certainly overshadowed any money motivation…in the end her expert consultation did not cost us any money.
“Being of Service to Others certainly overshadowed any money motivation…in the end her expert consultation did not cost us any money. ” G.G. Diane was great at coming to our rescue during very stressful times… Dianne and her team were always in good communication and they always [...]
My experience was great
"My experience was great" J.H. My experience was great! Diane was very professional and dedicated to helping me with everything I needed. Outstanding! I would recommend her firm to my friends.
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 [...]
Helpful to establishing a stable life
“Helpful to establishing a stable life” L.A. Diane and Jay are a great team. Diane took the time to explain every step of the way and provide me with so much education regarding my bankruptcy. The material I obtained was and is very helpful to have a [...]
She was more interested in my welfare than in charging a fee
She was more interested in my welfare than in charging a fee. L.B. I cannot tell you how grateful I am that Diane Drain took my call. I was desperate and she made me feel that I could sleep through the nite. She explained all my options [...]
To file bk was a very hard decision to have to make
"To file bk was a very hard decision to have to make" A.C. To file bk was a very hard decision to have to make. I felt like a failure. In my early 20’s my husband and I bought a home and financed it using an arm [...]
Diane will clearly and patiently explain to you the most critical information
Diane will clearly and patiently explain to you the most critical information. J.M. If you are considering bankruptcy, make sure you consult with Diane Drain, and learn as much as you can from her website prior to your free consultation. Why? Diane will clearly and patiently explain [...]
My very sincere and heartfelt thanks
"My very sincere and heartfelt thanks." Anonymous My very sincere and heartfelt thanks. I am so very glad that I came across your site as I was educating myself on the situation and that I didn’t go with the first attorney I spoke to. You made this [...]
Diane uses her website to promote the education of the bankruptcy process available to everyone
“Diane uses her website to promote the education of the bankruptcy process available to everyone” T & G. W. We found ourselves in a financial tsunami 2 yrs ago. No matter how we did things the financial outlook was getting worse and worse. We finally decided we [...]
If you do your work (make sure everything is accurate) she will do hers and you will have great results
If you do your work (make sure everything is accurate) she will do hers and you will have great results. C & P Diane is a great attorney that made our BK experience as smooth as possible. Before seeing Diane, we went to another attorney who told [...]
She helped me find resources and gave advice even if she will not be benefiting
She helped me find resources and gave advice even if she will not be benefiting. R.B. Diane Drain is a very kind person. She helped me find resources and gave advice even if she will not be benefiting from the advice. Thank you Diane! [...]
You have help me once again attain the American dream
"You have help me once again attain the American dream…" J.R. I first met Diane Drain in September 2008 when she agreed to represent me in my Bankruptcy filing. It was a difficult decision for me as I had always had outstanding credit and prided myself on being [...]
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 [...]
she is the last person to quit, and the first person to help
“she is the last person to quit, and the first person to help” Beits Livneh, Legal Technology Solutions Diane is a first CUSTOMER that I’m leaving a review for… As her IT consultant, Diane proves to us weekly that she is a capable, responsible, honest and hard working woman! [...]
She is like your favorite professor who just happens to be a spitfire attorney and advocate for understanding, support, kindness and knowledge.
“She is like your favorite professor who just happens to be a spitfire attorney and advocate for understanding, support, kindness and knowledge.” N.B. I can't describe in a short review how much Diane and her team changed my life. I'm not being dramatic or cheesey. I had [...]
