Milton Wagner

Milton Wagner

Lewis Roca Rothgerber

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A New Year and a New Arizona Anti-Deficiency Statute

In 2014, the Arizona Legislature enacted significant changes to the anti-deficiency statutes, which protect certain residential borrowers from a deficiency judgment following foreclosure. These statutory changes, which apply...more

1/22/2015 - Anti-Deficiency Provisions Borrowers Deed of Trust Deficiency Judgments Mortgage Lenders Mortgages New Legislation

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

Prospective Waivers of the Fair Market Value Defense Held Invalid

The Arizona Court of Appeals recently held that commercial borrowers and guarantors cannot prospectively waive their right to limit their damages in a deficiency action on the basis of the fair market value of property sold...more

12/12/2013 - Borrowers Damages Deed of Trust Deficiency Judgments Fair Market Value Foreclosure Guarantors Trustee Sales Waivers

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