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.

How long can I stay in my house until a foreclosure occurs?

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When you stop making mortgage payments, an experienced Arizona foreclosure lawyer or Arizona real estate lawyer will advise that you will still be able to live in your house for at least 90 days after a foreclosure notice is filed and delivered to you. And depending on how aggressive the lender is, a foreclosure notice may not be filed for quite some time after you stop making payments.

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.

When Can I Get Another Home Loan?

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A common question I get is how long must a person wait after a foreclosure, short sale or bankruptcy before that person will qualify for another home loan. Although an Arizona real estate lawyer or Arizona bankruptcy lawyer is not a “credit expert”, Fannie Mae has established a number of different waiting periods for so called “derogatory credit events”.

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.