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 [...]

Arizona landowners need to be wary of infringement upon their property to ensure that they do not lose their land through an adverse possession. This article was published in the February 2017 issue of the Scottsdale Airpark [...]

In recent years, Arizona courts have decided a number of cases involving equitable subrogation, not all of which can be easily reconciled. The idea is that when a lender makes a loan that takes out an existing loan on a piece [...]

Recent changes in Arizona law give landlords more freedoms when renting out homes or units that are subject to a homeowner or condo association. Arizona legislation that went into effect in July 2014 places a number of [...]

Arizona’s anti-deficiency laws exist to prevent artificial deficiencies resulting from forced sales and to protect borrowers and guarantors from losing other assets to foreclosure. In a September 2013 article, we reported [...]

A vendee’s lien is an equitable lien created by the courts as a remedy to protect purchasers of real property when the seller cannot perform under the contract. The bank decides to fund construction and records a deed of [...]

If a subtenant who has not signed a sublease fails to pay rent, the landlord may be able to enforce the original lease terms against the subtenant. Nonetheless, that “detail” has slipped through the cracks for too [...]

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 [...]