Benjamin Reeves

Benjamin Reeves

Snell & Wilmer

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Arizona Court of Appeals Limits its Jurisdiction to Review Receivership Orders

On March 31, 2015, the Arizona Court of Appeals held in AEA Federal Credit Union v. Yuma Funding, Inc., that it lacked jurisdiction to hear an appeal from an order declining to set aside an order appointing or releasing a...more

4/10/2015 - Appeals Judicial Review Jurisdiction Receivership

It just got a little bit harder to enforce judgment liens

Introduction - As everyone knows, the enactment of the Statute of Westminster II in 1285 ushered the concept of a “judgment lien” into English law. The statute – for the first time in English legal history –...more

1/5/2015 - Appeals Judgment Creditors Judgment Liens Perfected Security Interest Priority Disputes

Borrowers Can Avoid Liability Even After a Trustee’s Sale

Since a lender must have a valid debt and valid lien to conduct a trustee’s sale, a borrower that allows the foreclosure sale to occur impliedly agrees that the debt and lien are valid. In Madison v. Groseth and BT Capital,...more

5/29/2014 - Appeals Borrowers Breach of Contract Debt Default Deficiency Judgments Delinquent Borrowers Foreclosure Lenders Liens Mortgages Secured Lenders Trustee Sales Trustees

The Expansive Breadth and Scope of Arizona’s New Revised Uniform Arbitration Act

Recently, the Arizona Court of Appeals determined that under the 2010 Arizona Revised Uniform Arbitration Act, A.R.S. §12-3001, et seq. (the AZ-RUAA), a contractual agreement to arbitrate extends to: (i) arbitration of claims...more

1/18/2013 - Appeals Arbitration Agreements Arbitrators Breach of Contract Construction Contracts Dissolution Fiduciary Duty Fraud LLC Negligent Misrepresentation Non-Parties Partnerships Receivership Revised Uniform Arbitration Act Unjust Enrichment

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