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About This Blog
Welcome to the Snell & Wilmer real estate litigation blog. Check back here often for useful news and information about current topics involving real estate litigation. We hope that you will find the blog both timely and helpful, and we invite you to join the discussion by posting comments about the articles and contacting the authors with your thoughts about the posts.
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Recent Posts
- The Unwavering Un-waivable Implied Warranty of Workmanship and Habitability in Arizona
- Liquidated Damages: Too High and It’s a Penalty. Too Low and You’re Out of Luck.
- The Arizona Supreme Court Confirms that Judgment Liens Attach to Homestead Property
- Don’t Be Lazy with Your Tenders
- Can I Record a Lis Pendens in Arizona if the Lawsuit is filed Another Jurisdiction?
Topics
- Anti-deficiency Statute
- Bankruptcy
- Commercial Real Estate Industry
- Construction and Development
- Environmental
- Evictions
- Foreclosures
- Guaranty Contracts
- Judgment Liens
- Medical Marijuana
- Real Estate and Bankruptcy
- Real Estate Appraiser Litigation
- Real Estate Broker Litigation
- Real Estate Purchase/Sale Transaction Litigation
- Real Estate Receivers
- Statutes Affecting Real Estate
- Title Insurance
- Uncategorized
- Zoning
California Judicial Council Votes to Rescind Prohibitions on Eviction and Foreclosure Proceedings
By: David Rao and Lyndsey Torp The California Judicial Council’s emergency rules staying evictions and judicial foreclosures are coming to an end. On March 27, 2020, the Governor of California issued executive order N-38-20, giving the Judicial Council emergency authority … Continue reading
Author:
Lyndsey Torp
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Tagged #evictions, emergency rules, foreclosures, Judicial Council, moratorium
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California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis
By: Tony Carucci California Evidence Code section 1119 governs the general admissibility of oral and written communications generated during the mediation process. Section 1119(a) provides that “o evidence of anything said or any admission made for the purpose of, in … Continue reading
Author:
acarucci
Comments Off on California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis
Tagged commercial real estate, eminent domain, foreclosure, foreclosures, real estate litigation
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Avoiding Lender Liability for Credit-Related Actions in California
By: Anthony J. Carucci Aside from general statutory prohibitions on lender discrimination, there are certain circumstances under California law in which lenders may be held liable for credit-related actions, such as negotiating or denying credit. See generally 11 Cal. Real … Continue reading
Author:
acarucci
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Tagged commercial real estate, foreclosure, foreclosures, real estate, real estate litigation, real property
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California’s One-Action Rule May Apply to Federal Lenders
By: Anthony J. Carucci California’s one-action rule provides that “here can be but one form of action for the recovery of any debt or the enforcement of any right secured by mortgage upon real property or an estate for years … Continue reading
Author:
acarucci
Comments Off on California’s One-Action Rule May Apply to Federal Lenders
Tagged anti-deficiency, commercial real estate, deficiency, foreclosure, foreclosures, Guarantor, guaranty, one-action rule, real estate, real estate litigation, real property
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Bona Fide Tenancies for a Term Remain Protected
By: Julie E. Maurer A recent California Court of Appeals decision determined that the federal Protecting Tenants Against Foreclosure Act (“PTFA”) impliedly overrides state laws that provide less protection to tenants, but expressly allows states to retain the authority to … Continue reading
Author:
Julie Maurer
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Tagged foreclosures, Nativi v. Deutsche Bank Nat'l Trust Co., Protecting Tenants Against Foreclosure Act, PTFA, tenant
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A Compilation and Summary of Real Estate Related Legislation Enacted by the 51st Arizona Legislature
On Friday June 14, 2013, at 12:59 a.m., on the 152nd day of the regular legislative session, the 51st Arizona Legislature adjourned sine die, or “without assigning a day for a further meeting or hearing.” Generally, except as otherwise noted … Continue reading
Author:
Adam Lang
Comments Off on A Compilation and Summary of Real Estate Related Legislation Enacted by the 51st Arizona Legislature
Tagged bills, criminal trespass, deeds of trust, dilapidated, easements, flood control districts, flood protection districts, foreclosures, homeowners' associations, house, joint tenancy, legislators, legislature, mobile homes, mortgage insurance, planned communities, real estate, real estate licenses, real property, recreational vehicles, right-of-way, senate, state board of appraisal, statute
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Arizona Residential Landlords in Foreclosure – Expanding the Duty to Notify Tenants
By: Bob Henry The Arizona Residential Landlord Tenant Act, A.R.S. § 33-1301 et seq., already requires landlords to provide written notice (with specific language) to tenants of a “potential foreclosure” on the property if a “foreclosure action” has been “initiated” … Continue reading
Author:
Ben Reeves
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Tagged A.R.S. § 33-1331, Arizona residential properties, foreclosures, landlord, lease, residential, tenant
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