Do I need to file a bankruptcy?
Many people call asking me whether a bankruptcy is necessary based on the debt they currently have. Of course, every person’s situation is different, and consulting with an experienced Arizona...
View ArticleDifferences Between Chapter 7 and Chapter 13 Bankruptcy
You should always first consult an Arizona bankruptcy lawyer to get a thorough analysis of the type of bankruptcy filing that is most appropriate for your situation. Chapter 7 The most common personal...
View ArticleProtect Your Own Southfork: How Arizona Landlords Can Protect Themselves
My favorite client, “J.R.,” came to my office the other day. I always call him J.R. because he thinks he is as clever and suave as J.R. Ewing from his favorite TV show, “Dallas.” A few months ago, J.R....
View ArticleThe Arizona Anti-Deficiency Statute: Can a mortgage lender sue you for a...
A common question from potential clients is whether a mortgage lender can sue for any deficiency amount owing after a foreclosure. It is imperative for a person facing any foreclosure to consult with...
View ArticleThe Pros and Cons of Short Sales
What is a Short Sale? Before you decide to do a short sale, make sure to consult with an Arizona real estate lawyer, an Arizona foreclosure lawyer or an Arizona bankruptcy lawyer to determine what...
View ArticleModifying mortgages and lien stripping in bankruptcy
In a nutshell, an Arizona bankruptcy court has no jurisdiction to modify a mortgage that is wholly or partially secured by a primary residence. In 2009, Congress tried to amend the Bankruptcy Code to...
View ArticleWhen Can I Get Another Home Loan?
A common question I get is how long a person must wait after a foreclosure, short sale or bankruptcy before that person will qualify for another home loan. First and foremost, an Arizona real estate...
View ArticleWhy is Beneficiary Deed Necessary for Proper Estate Planning?
Every person should have a will or a living trust. A person should also have an Arizona estate planning lawyer prepare a beneficiary deed, which is sort of a “mini-will” that automatically conveys...
View ArticleHow long can I stay in my house until a foreclosure occurs?
If you don’t pay your mortgage, an experienced Arizona real estate lawyer and bankruptcy lawyer will remind you that you will lose the house to foreclosure, with or without filing bankruptcy. How long...
View ArticleArizona Court Holds that the Arizona Anti-Deficiency Statute Applies to...
A Recap of the Arizona Anti-Deficiency Statute An Arizona real estate lawyer, Arizona foreclosure lawyer or Arizona bankruptcy lawyer repeatedly advise potential clients that if property on two and...
View ArticleThe ABCs of HOAs
As an Arizona real estate lawyer, I have represented many homeowner associations (“HOAs”) in the past and drafted CC&Rs and other HOA documents. Many Arizona real estate lawyers don’t understand...
View ArticleWhat happens if I don’t pay my HOA assessments?
HOAs cause their own set of problems for homeowners. Last week I wrote an article about the basic of HOAs and the need to elect a competent Board of Directors to maintain property values and a quality...
View ArticleArizona Residential Landlord and Tenant Act: Protect Your Own Southfork
As an Arizona real estate lawyer, I represent both landlords and tenants in lease negotiations and disputes. In light of the recent resurrection of the hit TV show “Dallas” on TNT, I was reminded of...
View ArticleCan I be Taxed if My Debt is Forgiven, such as in a Short Sale? If the...
If a debtor owes a debt to a creditor and the debt is cancelled or forgiven, the amount of the forgiven debt may be taxable income. This issue particularly becomes relevant in a foreclosure or when a...
View ArticleUsing Chapter 13 to Come Current With Mortgage Payments
There are significant differences between Chapter 7 and 13. Chapter 13 is a “payment plan” bankruptcy. It requires a debtor to make monthly payments to the bankruptcy trustee for 3 – 5 years. As an...
View ArticleWill Bankruptcy Hurt My Credit and Prevent Me From Buying Another House?
After you receive a bankruptcy discharge, you have no more debt. It is not unusual for a debtor to want to purchase a home after filing bankruptcy. As an Arizona bankruptcy lawyer and an Arizona real...
View ArticleBankruptcy and Divorce Part I: Most Creditors Can Come After Both Ex-Spouses...
A competent Arizona bankruptcy lawyer and Arizona real estate lawyer knows that because Arizona is a community property state, debts incurred while married are the responsibility of both spouses,...
View ArticleHomestead Problem: If it Appreciates During Your Chapter 7, You Could Lose It!
A common misunderstanding that an Arizona bankruptcy lawyer has to remind clients is that your Chapter 7 bankruptcy case can stay open as long as the trustee desires, even after you get your discharge....
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