Phoenix Litigation Legal Information
Litigation
Earnest Money Disputes
This article is about earnest money disputes in Arizona residential real estate transactions.
Litigation
Defending Sellers in Disclosure Disputes (Things Brokers Should Know)
If a buyer of real estate believes that material information about the property was concealed or otherwise not disclosed, they could sue. Sellers of real estate often face the most exposure when a real estate deal goes bad.
Litigation
Being Sued by Your Lender for a Deficiency? You May Have Defenses.
As foreclosures have flooded the Arizona housing market, we have started noticing a new trend. Banks and lenders are now suing property owners for deficiencies.
Landlord Tenant Commercial
Collection Options for Broker Lease Commission
In these difficult times, real estate brokers are finding it more and more difficult to collect lease commissions from commercial landlords. But brokers have several legal options at their disposal.
Banking Law
Being Sued by Your Lender for a Deficiency? You May Have Defenses.
Banks and lenders are now suing homeowners for a deficiency judgment. A deficiency occurs when the home sells at a trustee's sale or foreclosure for less than what was owed. There are several defenses to a deficiency action, as discussed in this article.
Banking Law
Trustee’s Sales and Deficiencies
With the passage and subsequent repeal of legislation that would dramatically impact Arizona’s anti-deficiency statutes, it is clear now more than ever that every owner of real property that is considering or facing a foreclosure should consult with an attorney regarding the real risks inherent with such a process. In light of the struggling real estate market in Arizona and the resultant rise in foreclosures, property owners must pay special attention to the potential for a deficiency judgment.
Landlord Tenant Commercial
Collecting on Commercial Leases
Landlords have a variety of options in collecting rent from commercial tenants. Landlords should seek to enforce personal guarantees. Landlords may also seek to reenter the premises and take back possession if rent is at least 5 days delinquent. The landlord may be able to seize any personal property of the tenant to satisfy the rent obligations.
Litigation
Arizona Real Estate Disclosure Disputes
In Arizona, the seller of real estate has a duty to disclose certain items to the buyer. Failure to do so can result in liability for the seller and sometimes the real estate agents involved in the transaction. This article explores specific disclosure issues that often arise.
Construction Law
Collecting on Construction Projects: An Overview of Collection Options
Contractors and suppliers for a construction project have several options available to collect for their work and supplies. Many of these options require that very specific laws be followed in order to preserve the contractor's claims. This article explores those options.
Litigation
When is a Lis Pendens Appropriate?
I often get questions from clients about whether a lis pendens can or should be utilized in their case. A lis pendens is a Latin term meaning "a pending lawsuit" and can be a powerful tool in preserving real estate during a lawsuit. There must first be a lawsuit filed involving real estate in some way.