Real Estate

Does the Arizona Anti-Deficiency Statute Apply to Construction Loans?

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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.

Why is Beneficiary Deed Necessary for Proper Estate Planning?

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Every person who owns real estate should have an Arizona estate planning lawyer prepare a beneficiary deed that automatically conveys real estate to an owner’s beneficiaries upon the owner’s death. This is important because a will does not have to be probated with respect to valuable real estate that is automatically conveyed to a person’s heirs via a beneficiary deed.

Modifying mortgages and lien stripping in bankruptcy

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Some people mistakenly believe that filing bankruptcy will force a mortgage lender to agree to a home modification. Not true. However, an experienced Arizona bankruptcy lawyer and real estate lawyer will advise you that you may be able to get rid of junior liens if the value of your home is worth less than what you owe on your first mortgage.

The Pros and Cons of Short Sales

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There are many myths about the benefits of short sales. The downside of short sales may be much more than the upside because the legal ramifications and adverse consequences could be more severe than opting for a foreclosure. Always consult with an experienced Arizona real estate lawyer, an Arizona foreclosure lawyer or an Arizona bankruptcy lawyer before considering a short sale.