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...
What is a Deed of Trust
Arizona Deeds of Trust To fully understand the meaning of the deed of trust, you must first understand promissory notes. Arizona home buyers often think of the deed of trust is the contract they are signing with the lender to borrow money to purchase their home....
Material Breach of Lease
10-day Notice for Material Breach of the Lease Agreement Section 33-1368(A) of the Arizona Residential Landlord and Tenant Act gives guidance to Arizona landlords whose tenants have materially breached their rental agreement. Section 33-1368(A) states in part; "...if...
Adding Rent and Damages to a Judgment
What options are available to Arizona landlords if they find new damage to their rental property after the tenants have been evicted? Rule 13(c)(2)(A) of the Eviction Action Rules of Procedures states that: “…if the plaintiff is entitled to rent incurred after the...
Recovering Future Rents from Tenant
If a tenant that is under a current lease agreement who is evicted or abandons the property; can that landlord sue for all future rents thru the end of the lease? The answer is; "yes", "no" and "maybe". Let me answer this question by using an example. an Arizona...
Statement of Intentions in Bankruptcy
With any chapter 7 bankruptcy petition it is required to file a "Statement of Intentions". This Statement of Intention(s) requires debtors to declare what they intend to do with property connected to their secured debts. One option on the Statement of Intentions is to...
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