An Arizona real estate lawyer, an Arizona foreclosure lawyer and an Arizona bankruptcy lawyer will warn clients that failure to pay HOA assessments will cause the HOA to sue the homeowner and collect such amount. Even Chapter 7 or Chapter 13 bankruptcy will not discharge all HOA assessments.
Any competent Arizona real estate lawyer, Arizona foreclosure lawyer or Arizona bankruptcy lawyer will agree that the Arizona anti-deficiency statute is one of the most important Arizona laws protecting borrowers with loans secured by a residence. This statute will prevent many mortgage lenders from suing debtors for any deficiency amount after a foreclosure occurs. In a surprise ruling, a recent Arizona Court of Appeals case has extended the Arizona anti-deficiency statute to construction loans.
Chapter 7 bankruptcy and Chapter 13 bankruptcy are significant life events. Don’t wait until the last minute before contacting an Arizona bankruptcy lawyer to learn about your options. There are many steps to help you prepare for the process. My goal is to make your bankruptcy as smooth as possible so long as you do the necessary work prior to filing bankruptcy.
Most debtors filing Chapter 7 bankruptcy want to be able to keep their vehicles. An Arizona bankruptcy lawyer may advise the debtor to pay the lender only the current retail value of the vehicle in lieu of the entire loan balance. However, redeeming a vehicle loan has its drawbacks.
One common asset many debtors own is some type of life insurance policy. One of my tasks as an Arizona bankruptcy lawyer is to determine whether a debtor’s life insurance policy has a cash surrender value and whether such money will have to be surrendered to the bankruptcy trustee. Recent case law has made this analysis much more complex.