In reaffirming protection for borrowers whose homes are under construction, the Court of Appeals also reins in the recent trend toward expanding Arizona’s anti-deficiency laws. Although we hope that Arizona is (mostly) [...]

Over the next few months – or even years – you are likely to hear a lot about the term “force majeure,” which is French for “superior force.” Many people and businesses, during the COVID-19 outbreak, have [...]

The Arizona Court of Appeals rules that, while borrowers are not permitted to waive anti-deficiency protection, guarantors may do so. While there is relatively little legislative history on anti-deficiency protection, some [...]

In a recent ruling, the Arizona Court of Appeals declined to “mechanically apply” to LLCs the same fiduciary duty principles that apply to corporations and partnerships. n recent years, the “limited liability company” [...]

During the last couple of years, Arizona courts have handed down a number of decisions that affirmed or strengthened certain protections in the mortgage and deed of trust statutes. The Arizona Court of Appeals’ [...]

A Michigan case in which a solvency covenant within the “bad boy” provisions of a non-recourse loan was ruled unenforceable could affect lender lawsuits in other states Many commercial real estate loans made in the past [...]

A September 2012 court opinion reaffirms the necessity for both parties to sign, and it raises new questions about what constitutes an “electronic signature” The Arizona Court of Appeals’ recent decision [...]

The Arizona Court of Appeals provides limited clarification on anti-deficiency protection when the foreclosed loan has replaced the purchase money loan It is a sobering sign of the times that, in the past several months, [...]

When property value is less than the face amounts of multiple liens, leading to fights over who gets paid first, the concept of equitable subrogation can come into play. In the past few years, we have seen a significant [...]

Strict application of the common law merger rule may no longer be viable; in Arizona, courts may look instead to the intentions of the parties Unless you spent the summer reading Ken Follett’s World Without End, you [...]