| | Bankruptcy, HOA, Real Estate
I constantly advise clients of the pitfalls surrendering a home subject to Homeowner’s Association (“HOA”) dues. HOA’s are tied to property ownership, not possession. So when a debtor files a Bankruptcy case the debtor is granted a discharge for any
| | Eviction, Real Estate
Arizona real estate agents are required to “disclose in writing to all other parties any information the licensee possesses that materially or adversely affects the consideration to be paid by any party to the transaction.” A real estate agent failure
| | Eviction, Real Estate
Arizona state law and case law are clear that eviction cases are designed to only address the issue of possession and not any issues addressing the ownership of the property involved. The limited scope of a forcible entry and detainer action has
| | Eviction, Real Estate
Arizona landlords have the legal right to periodically enter their property. The law does not place limitations on why landlords want to enter the property. However, entering a rental property is a right with limitations and should not be used as a form of harassment
| | Eviction, Real Estate
In Arizona, certain home owners are free to stop making payments their home and walk away from it with no financial recourse against them. These people are protected by what is commonly known as Arizona’s Anti-Deficiency Statutes. Protection for residential
| | Eviction, Real Estate
A Writ of Restitution is a request made to the court to send a Constable to remove the tenants from your property. A Constable works for the court and has similar powers and duties to sheriffs. A Writ can only
If you (or your parents) own a business that you (or they) intend to pass to the next generation, you need to seriously consider whether your business succession plan needs to be completed before the end of 2016. This applies to
| Business | Commercial Law, Estate Planning, Law Firm Management, Real Estate, Trusts
We are pleased to announce the addition of an exceptional attorney, Alan Soelberg, to the transactional department in our Tempe office. Prior to joining the law firm of Davis Miles McGuire Gardner, Alan worked in house for one of the
| | Personal Law, Real Estate
You may encounter many bumps and obstacles in renting your first apartment. Not everything can be covered in one article, so always call Davis Miles when you have a specific question about renting. Here are a few issues that pop
| | Banking and Lending, Business | Commercial Law, Real Estate
The Consumer Financial Protection Bureau (“CFPB”) issued a rule on November 20, 2013 that will become effective on Oct 3, 2015. It requires the use of new, simplified mortgage disclosure forms available in English and Spanish that detail the terms of
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