Real Estate Law Updates

Arizona Defines Dwelling Under Arizona's Anti-Deficiency Statute, Does Your Home Qualify For Protection Under Arizona's Anti-Deficiency Statue?

Recently the Arizona Supreme Court narrowed the definition of dwelling under Arizona’s anti-deficiency statute.  As the Court acknowledged the meaning of dwelling varied throughout case law interpreting Arizona’s anti-deficiency statute.  Previously the Court had defined dwelling to mean to be the purpose or use of building for human abode, that the structure is wholly or partially…

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Arizona Supreme Court Further Interprets Arizona Mechanics' Lien Statute

While not a hot topic to the general public, Arizona Contractors should be aware of Arizona Mechanics’ Lien Statutes and how the Courts modify and interpret them. In a recent decision (Weitz Co LLC v. Heth), the Arizona Supreme Court recently held Arizona’s Mechanics’ lien Statutes, do not preclude equitable subrogation of lien that attached…

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Marijuana Legalization Is Sparking Neighbor Disputes

As Marijuana legalization is spreading in some States,(23 States)  either like Colorado, which has decriminalized marijuana or like Arizona which has provide for the use of marijuana as treatment for certain medical conditions, some homeowner associations are saying, not in our neighborhood.  While resident may be able to light up a joint legally in these States within the…

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Who Can Record an Arizona Mechanic's Lien?

Who Can Record A Mechanic’s Lien in Arizona?  A lot of people make the assumption that a Mechanic’s Lien refers to an auto mechanic.  The reality is that it has nothing to do with auto mechanics. Mechanic’s Liens are an important way for contractors, suppliers, manterialmen, architects and others who improve real property (land and…

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Arizona Mechanics Lien Law A Brief Overview

Arizona Mechanics Lien Law A Brief Overview Presented by: D. Jeffrey Craven, Esq and Frederick C. Thomas, Esq.   Are you new to contracting in Arizona?  Have you ever been hired on a project and not been paid?  Did you know that a proper, recorded mechanic’s lien may protect your interest and help you get…

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Arizona Appellate Court Addresses Refinance Loans that Are Part Purchase Money and Part Equity

Refinancing did not destroy the purchase money status of a homeowner’s obligation for purposes of anti-deficiency protection under Ariz. Rev. Stat. § 33-729(A) with regard to proceeds used to satisfy the purchase money loan. As to non-purchase money sums included in the proceeds, however, a deficiency judgment was permissible. Amounts used for construction of a new residence…

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Young v. Rose

A real estate broker/buyer agreement signed by the buyers is unenforceable against the buyers if the broker fails to execute the agreement (see A.R.S. 32-2151.02).  However, the trial Court improperly granted the Roses’ motion to dismiss because the broker’s response included matters outside the complaint; therefore, the Court was required to treat the motion as…

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New House Bill Adds Requirements for Notice of Trustee's Sales

HB2626 proposes to amend the law pertaining to trustee’s sale to include, as an additional requirement, that the Notice state that the trustee has the right to postpone the sale one or more times and that upon request the trustee shall advise interested parties of the rescheduled date and time of the trust sale.   See…

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