The Arizona Supreme Court has resolved a recurring question: does the trustee have to “show the promissory note” in order to be able to foreclose by ... Read More
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COURT EVALUATES STANDARDS FOR “FAIR MARKET VALUE” AFTER TRUSTEE SALE
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TRIAL COURT HAS DISCRETION NOT TO AWARD TREBLE DAMAGES AGAINST AN EMPLOYER THAT FAILS TO PAY WAGES
In D’Amico v. Structural I Company, the Arizona Court of Appeals recently held that a trial court has discretion not to award treble damages against ... Read More
COURT CLARIFIES SCOPE OF ANTI-DEFICIENCY STATUTE
Lenders and homeowner borrowers have been waiting for clarification of various questions arising under Arizona’s anti-deficiency statute. Today, the ... Read More
COURT FINDS RESIDENTIAL CONSTRUCTION LOAN SUBJECT TO ANTI-DEFICIENCY STATUTE
In 2005, Trevis and Lisa Mueller purchased raw land. In 2006, they borrowed $444,000 from M&I Bank to construct a single family home for their own ... Read More
DEATH AND OTHER EVENTS NEED NOT BE DISCLOSED
Under Arizona law, death and certain other events/conditions need not be disclosed by a seller or lessor. According to A.R.S § 32-2156: A. No ... Read More
