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26 results found

Article

Snell & Wilmer LLP | USA | 14 May 2014

Unmitigated waivers: guarantors remain liable despite 4-year delay in foreclosure sale

If a lender delays foreclosure allowing years of default interest to accrue such that a guarantor's obligation increases from $6 million to $12

Article

Snell & Wilmer LLP | USA | 28 Apr 2014

Amendments to Arizona’s anti-deficiency statute exclude homebuilders from anti-deficiency protection

Last Tuesday, April 20, 2014, Arizona's Governor, Jan Brewer, signed HB 2018 into law. This bill closes a long-standing loophole that allowed

Article

Snell & Wilmer LLP | USA | 4 Apr 2014

The Nevada U.S. District Court narrowly interprets Sandpointe Apartments when ruling in favor of entity that acquired loan before effective date of AB 273

On June 10, 2011, Nevada enacted Assembly Bill 273 (AB 273). As codified at NRS 40.459(1)(c), AB 273 limits the ability of a loan purchaser to

Article

Snell & Wilmer LLP | USA | 13 Feb 2014

Bona fide tenancies for a term remain protected

A recent California Court of Appeals decision determined that the federal Protecting Tenants Against Foreclosure Act ("PTFA") impliedly overrides

Article

Snell & Wilmer LLP | USA | 11 Feb 2014

“Show me the note” claims find new life in recent Arizona decision

In Steinberger v. McVey, the Arizona Court of Appeals breathed life into what most would label standard "show me the note" claims, in which borrowers

Article

Snell & Wilmer LLP | USA | 3 Feb 2014

California amends its anti-deficiency statute

As of January 1, 2014, California amended its anti-deficiency statute to stop mortgage lenders from "collecting" from homeowners on post-foreclosure

Article

Snell & Wilmer LLP | USA | 24 Jan 2014

Arizona Court of Appeals holds that certain residential developers are not protected by the anti-deficiency statute after foreclosure of a deed of trust on vacant land

Nearly three years ago, in M&I Marshall & Isley Bank v. Mueller, the Arizona Court of Appeals held that the Arizona anti-deficiency statute protects

Article

Snell & Wilmer LLP | USA | 5 Dec 2013

Arizona Court of Appeals gives contractor the edge over certain lenders in mechanic’s lien foreclosure lawsuit

In lien foreclosure lawsuits involving lenders and contractors, priority is everything. Where you stand in terms of priority will not necessarily

Article

Snell & Wilmer LLP | USA | 20 Nov 2013

Creditors’ deficiency rights impacted by recent Nevada Supreme Court opinion in Sandpointe Apartments, LLC v. Eighth Judicial District Court

On November 14, 2013, in Sandpointe Apartments, LLC v. Eighth Judicial District Court, 129 Nev. Adv. Op. 87 (Nov. 14, 2013), and in Branch Banking

Article

Snell & Wilmer LLP | USA | 15 Nov 2013

Guarantors beware! A.R.S. 33-814 may not save you from a deficiency judgment

In First Credit Union v. Courtney, 309 P.3d 929, 669 Ariz. Adv. Rep. 18 (Ct. App. 2013), the Arizona Court of Appeals rejected three creative

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