Milton Wagner

Milton Wagner

Lewis Roca Rothgerber

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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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