Michael Brown

Michael Brown

Lewis Roca Rothgerber

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CLIENT ALERT: Arizona Supreme Court to Decide if Borrowers and Guarantors Can Waive Fair Market Value Defense

In September 2013, the Arizona Court of Appeals held that commercial borrowers and guarantors cannot prospectively waive their right to seek a fair market value hearing to limit their potential deficiency liability following...more

10/15/2014 - Appeals Borrowers Commercial Property Owners Deficiency Judgments Fair Market Value Foreclosure Guarantors

Anti-Deficiency Protection Held Not to Extend to Vacant, Unimproved Residential Lots

In a recent opinion, the Arizona Court of Appeals held that borrowers who obtained a loan secured by a vacant, unimproved residential lot are not protected from a deficiency judgment following a non-judicial trustee’s sale of...more

2/10/2014 - Anti-Deficiency Provisions Deficiency Judgments Mortgages Real Estate Market Trustees

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