This summer the Arizona Supreme Court overruled the Arizona Court of Appeals decision in Mertola, LLC v. Santos, which impacts the statute of limitations (SOL) for collection of a written debt.Mertola involved collection of a credit card debt. The … [Read more...]
Service of Process in the Digital Age
In the recent case of Ruffino v Lokosky, No. 1 CA-CV 17-0353 (July 12, 2018), the Arizona Court of Appeals set aside a default judgment on the grounds that the Defendant, Lokosky, had not been given proper notice of the lawsuit. Ruffino, the … [Read more...]
Older-Age Restrictions Are Permitted
For the most part, age discrimination in real estate matters if prohibited. An exemption in the Fair Housing Act of 1968, however, allows for 55-and-older age restrictions for retirement communities. To qualify for the exemption at least 80% of the … [Read more...]
Arizona Department of Housing Unveils its Proposed Eviction Prevention Program
This summer, at meetings in Phoenix and Tucson, the Arizona Department of Housing (“ADOH”) sought public input regarding its proposed Eviction Prevention Program. The Program is designed to combat the rising number of evictions occurring throughout … [Read more...]
The Finality of Trustee’s Sales
An Arizona Supreme Court’s ruling in January 2018 upheld a decision affirming the finality of trustee’s sales. Zubia v. Shapiro et al., CV-16-0255-PR (2018). A primary purpose of a deed of trust, instead of a mortgage, is to expedite the lender’s … [Read more...]
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