The Arizona Court of Appeals recently held that any successful plaintiff in a forcible detainer action (i.e., an eviction action) may recover an award of its attorneys’ fees and costs incurred at trial under A.R.S. §...more
Lenders routinely accelerate notes after a default occurs, calling the entire loan due immediately. Less regularly, a lender may change its mind and unilaterally revoke the acceleration. Rarely, however, does a lender fail to...more
7/3/2018
/ Acceleration ,
Affirmative Action ,
Appeals ,
Creditors ,
Debtors ,
Deed of Trust ,
Foreclosure ,
Homeowners Association (HOA) ,
Liens ,
Loans ,
Mortgage Lenders ,
Notice of Default ,
Promissory Notes ,
Property Owners ,
Reversal ,
Revocation ,
Sheriffs Sale ,
Standing ,
Statute of Limitations ,
Trustee Sales
Arizona’s trustee’s sale statutory scheme provides for the waiver of all defenses and objections to a trustee’s sale that: (i) are not raised prior to the sale, and (ii) do not result in an injunction against the sale going...more
2/26/2018
/ Action to Quiet Title ,
Appeals ,
AZ Supreme Court ,
Borrowers ,
Damages ,
Deed of Trust ,
Injunctions ,
Lenders ,
Loans ,
Motion to Dismiss ,
Promissory Notes ,
Signatures ,
Trustee Sales ,
Trustees ,
Waivers ,
Wrongful Foreclosures
What law governs a deficiency action if the choice-of-law provisions in the note and deed of trust conflict? The Arizona Court of Appeals answered that very question in ZB, N.A. v. Hoeller, No. 1 CA-CV 16-0071 (Ct. App. April...more
5/3/2017
/ Appeals ,
Banks ,
Choice-of-Law ,
Commercial Mortgages ,
Conflicts of Laws ,
Deed of Trust ,
Deficiency Judgments ,
Foreclosure ,
Lenders ,
Promissory Notes ,
Reversal ,
Statute of Limitations ,
Time-Barred Claims ,
Trustee Sales
Ever wonder what happens if a person challenges the timeliness of a trustee’s sale after the sale already occurred? Waiver of the argument of course! And, in the case of Wells Fargo Bank, N.A. v. Waltner, the affirmance of...more
In Arizona, guarantors can now be held liable for deficiencies even where borrowers avoid liability due to Arizona’s anti-deficiency statute.
Arizona courts have been active in the last few years in addressing the law...more
In 2013, we blogged about the Arizona Court of Appeals’ determination that prospective contractual waivers of “fair market value” hearings are unenforceable as a matter of public policy. The link to our prior blog post is...more
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