Benjamin Reeves

Benjamin Reeves

Snell & Wilmer

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Latest Posts › Breach of Contract


Guarantors’ “Lost Profits” Completely Offset Lender’s Deficiency Claim

Believe it or not, lenders can breach loan agreements too…and when they do, there can be significant consequences. In Great Western Bank v. LJC Dev., LLC, 726 Ariz. Adv. Rep. 21 (Ariz. Ct. App. Nov. 10, 2015), the Court of...more

1/11/2016 - Banks Breach of Contract Construction Loans Counterclaims Guarantors Lenders Loans Lost Profits Repudiation Residential Real Estate Market

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 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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