Since the downturn in the Arizona real estate market and increase in the number of loan defaults and foreclosures, lenders and borrowers have fought over the interpretation of Arizona’s so-called anti-deficiency statutes.
Disputes between lenders and borrowers have involved, for example, (1) what is a dwelling? (2) does a dwelling have to be someone’s primary residence? (3) what is a purchase money loan? (4) does a construction loan qualify as a purchase money loan? and (5) can an incomplete dwelling still be considered “limited to and utilized for either a single one-family or single two-family dwelling?” This post focuses on the last issue, recently addressed by the Arizona Supreme Court.
But, before addressing that, I will cover the basic requirements to qualify for protection.
After the passing of a loved one, family members and friends normally gather to find solace or to celebrate the person’s life. Or at least that is the order and manner in which most people would wish to be remembered. To this end of allowing space to grieve, creating estate planning documents should assist the bereaved in efficiently handling their loved one’s worldly affairs. However, conflict can still occur between family members. And, conflict is more likely when the estate planning documents have gaps or are subject to differing interpretations.
Beneficiaries beware! The Arizona Court of Appeals has concluded that someone who challenges a trust may be disinherited for violating a “no-contest” clause.
The old saying that celebrities are just like us with more money holds true in some cases, but it definitely holds true in the realm of 
Trusts are often sold to seniors as a device allowing them to pass their property to their children and other loved ones with the least possible expense, time and hassle. That may be true where there are no complications and everyone in the family gets along.
The survivors and veterans of World War II have been called the Greatest Generation for several decades now, a title earned by their enormous contributions during a period of global and cultural strife. The nation’s prosperity depends upon the sacrifices of the men and women in the U.S. military, but perhaps this generation’s hallmark has been the enthusiasm with which the group made sacrifices needed to win the war abroad.
Abuse of the most vulnerable of society is a concern for everyone. And when an elderly loved one is the victim, you may be left confused about the steps you should take to extract the elder from the abusive situation and make sure that he or she is left whole after the experience. Although elder law litigation may sound like an extreme measure, in some situations it is the correct response.
The unfortunate truth is that the nursing facilities that are supposed to serve and protect some of the most vulnerable members of society are sometimes the perpetrators of that abuse. Sometimes profit motive drives the abuse: short staffing and resulting infrequent contact with residents can leave the elderly just as physically and psychologically damaged as perpetrators who intentionally harm them. Intentional physical abuse is seldom merely the result of a single bad actor abusing a resident; systemic problems at a home may contribute to the abuse and neglect suffered by residents.
For a fascinating exhibit about the city of Teotihuacán, North America’s first urban civilization, visit Phoenix’s Deer Valley Rock Art Center. Predating the Aztecs, Teotihuacán was a city in central Mexico that featured apartment buildings, pyramids, beautiful murals. The city was constructed between 100 B.C. and 240 A.D.
Labor Day isn’t just a three-day cookout and party weekend in the Phoenix region this year. Check out Artlink First Fridays in downtown Phoenix, where over 70 galleries will display art for your enjoyment.
Important NoticeThese are some actual client comments about our firm. Each case is different. Results in one matter do not necessarily indicate the results that may be achieved in any other matter.
