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. [...]
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Thank you both for taking care of us and taking the time!! D.K. 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 [...]
Rated high among her peers
"Rated high among her peers" Anonymous Ms. Drain helped make a very difficult time more bearable. She treated us with the utmost respect and caring while pushing us to get together the paperwork needed to get us to the best possible end result. It was very obvious [...]
I took your advice and have that old monkey off my back now!
"I took your advice and have that old monkey off my back now!" L.M. I had an old debt surprise me the other day by way of a Summons and Diane was kind enough to give me some solid advice. She is very knowledgeable and I highly [...]
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Extremely competent representation and explanations
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Her team did a fantastic job taking care of my case
"Her team did a fantastic job taking care of my case" C.C. Diane helped me with my Bankruptcy and it was one the more complicated ones where the trustee asked for quite a bit of information and she and Jay did a fantastic job taking care of [...]
You were the main catalyst that made a very emotionally draining time very bearable
"You were the main catalyst that made a very emotionally draining time very bearable." M & B Just a quick note to say Thank You! We received our discharge paperwork this week and it has been a huge burden lifted off of our shoulders. I want to thank [...]
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She knows the ins and outs
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"This was a real learning experience!" W.S. This was a real learning experience! Every time I met with Diane I learned new things. Each visit I became calmer about the situation because it was a big step in getting my life back in order. The educational experience [...]
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Her warmth and caring and wealth of experience greatly eased the stress
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They helped me through a very difficult time
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Diane and Jay are a wonderful team
"Diane and Jay are a wonderful team!" R & S Diane and Jay are a wonderful team. Efficiency and clarity were the hallmark of our experience.
We received invaluable expertise, recommendations, and advice throughout our chapter 13
“We received invaluable expertise, recommendations, and advice throughout our chapter 13. ” B.S. "The decision to declare bankruptcy is difficult. The journey through a 5-year Chapter 13 is more difficult. What was NOT difficult was the invaluable expertise, recommendations, and advice throughout that we received from Diane [...]
Thank you
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