Bankruptcy Credit Counseling Courses
Who Must Complete the Initial Credit Counseling Course? Everyone filing for bankruptcy must complete a pre and post-filing, credit counseling course. This is true whether filing for a Chapter 7 or Chapter 13 bankruptcy. Additionally, if married, both spouses must...
Partitioning Real Estate
Partitioning Arizona real estate is a way to resolve a situation where two people who own real estate together but disagree about whether to sell the property and or how to manage it. I typically see this scenario where a boyfriend-girlfriend purchased a home together...
Commercial Evictions
** This Post Only Applies to Commercial Evictions Arizona ** Under Arizona law there are two (2) basic ways a landlord can recover possession of a commercial property. "Locking Out" an AZ Commercial Tenant Arizona landlords are permitted to “lockout” a tenant who is...
Property Manager
Benefits of Using a Property Manager Arizona property managers can save Arizona landlords time and aggravation. Collecting rents, finding new tenants, making maintenance repairs, etc. are time consuming. Use high quality lease agreements. Make sure that leases are...
Appeal Arbitrator Ruling
How to Appeal an Arizona Arbitrator's Ruling There are two basic options available to a party once an arbitrator has made their ruling. One, a party can let the Arizona arbitrator's decision stand or secondly you can appeal it. If a party does not appeal the...
Terminating Commercial Lease
*** This Blog Post Only Applies to Commercial Lease Agreements *** Most commercial lease agreements have what is called a "holdover provision". A holdover provision details what happens when the original commercial lease ends and a formal extension is not filed. A...
Bed Bugs Rental Property
In the world of rental properties, “bed bugs” is a dirty word(s) and a landlord’s worst nightmare. Aside from the physical difficulties bedbugs pose, there are legal ramifications to deal with if one doesn’t take the necessary precautions. Therefore, every landlord...
Appeal Justice Civil Court Judgment
*** ATTENTION- This Blog Post Applies to NON-Eviction Cases *** Click HERE to Read About Appealing EVICTION Cases Appealing an Arizona Justice Court Ruling A party may appeal a judgment entered in an Arizona Justice Court civil case. FYI, these rules do not apply to...
Discharge Contract in Bankruptcy
Generally speaking, courts do not like agreements that attempt to make a debt non-dischargeable in bankruptcy. Bankruptcy courts have been unreceptive to the use of consent decrees and settlement agreements which attempt to create, by contract, a debt that will be...
What is Lis Pendens
What is a Lis Pendens? Lis Pendens is a formal notice recorded with the local county recorder that puts the world on notice that there is pending legal action regarding a specific piece of real property. The lis pendens is filed with the clerk of the court and...
Non-Disclosed Home Defects
Arizona real estate agents are required to "disclose in writing to all other parties any information the licensee possesses that materially or adversely affects the consideration to be paid by any party to the transaction". A real estate agents failure to disclose a...
Builders Risk Insurance
What is Builder’s Risk Insurance? Builder's risk insurance is a type of insurance policy which covers residential and commercial structures while they are under construction or being remodeled, or renovated. Builder's risk insurance is "coverage that protects a...
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