W. Scott Jenkins Jr.

W. Scott Jenkins Jr.

Ryley Carlock & Applewhite

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The Limits to a Receiver's Liability – Mashni v. Foster, No. 1 CA-SA 13-0250 (4-29-2014)

On April 29, 2014, the Arizona Court of Appeals, Division 1, issued a ruling granting relief in favor of a receiver, and thereby strengthening a receiver's security by limiting his responsibilities and liabilities as...more

5/5/2014 - Court-Appointed Receivers Professional Liability Receivership

Certain Residential Developers are Unprotected by the Anti-Deficiency Statute after Foreclosure of a Deed of Trust on Vacant...

Nearly three years ago, in M&I Marshall & Isley Bank v. Mueller, the Arizona Court of Appeals held that the Arizona anti-deficiency statute (A.R.S. § 33-814) protects a borrower who started, but never completed, construction...more

5/1/2014 - Anti-Deficiency Provisions Begun Construction Test Default Foreclosure

Client Alert: The Arizona Court of Appeals Holds the Right to a Fair Market Value Hearing Cannot be Waived in a Deficiency Action

In CSA 13-101 Loop, LLC v. Loop l01, LLC, et al., Loop 101 borrowed $15.6 million from MidFirst (which later assigned its rights under the loan to CSA as an intercompany transfer) to build a commercial office building. The...more

9/26/2013 - Borrowers Deficiency Judgments Fair Market Value Guarantors Loan Documentation Waivers

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