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Lenders Beware – the Steinberger decision leaves lenders vulnerable to a defaulting homeowner's delay tactics

As if lenders don't have enough on their plates, dealing with a slowly rebounding economy and debtors struggling to make payments, on January 30, 2014, the Arizona Court of Appeals issued a decision that is bound to wreak...more

5/16/2014  /  Foreclosure , Lenders , Mortgages , Trustees

The Limits to a Receiver's Liability – Mashni v. Foster, No. 1 CA-SA 13-0250 (4-29-2014)

On April 29, 2014, the Arizona Court of Appeals, Division 1, issued a ruling granting relief in favor of a receiver, and thereby strengthening a receiver's security by limiting his responsibilities and liabilities as...more

Certain Residential Developers are Unprotected by the Anti-Deficiency Statute after Foreclosure of a Deed of Trust on Vacant...

Nearly three years ago, in M&I Marshall & Isley Bank v. Mueller, the Arizona Court of Appeals held that the Arizona anti-deficiency statute (A.R.S. § 33-814) protects a borrower who started, but never completed, construction...more

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