The 20 Percent Pass-Through Tax Deduction for Real Estate Investors
The Tax Cuts and Jobs Act of 2017 was experienced by many investors in the real estate industry as a confounding law whose rules and…
How Might GSE Privatization Affect the 30-year Mortgage?
A major piece of news in the housing sector of late has been a plan proposed by President Trump to privatize the major government-sponsored entities…
Did the Overall Increase in Home Inventory Really Mean More New Listings?
Between September 2018 and February 2019 we saw a moderate gain in home inventory prior to home shopping season, following a solid 44 months of…
Why is Mortgage Debt Low Relative to Real Estate Values?
The amount of mortgage debt in the United States is surprisingly low. Though the raw number of outstanding mortgages increased during the second quarter of…
It’s All About the [Purchase] Money: Are Construction and Home Improvement Loans Entitled to Anti-Deficiency Protection?
Arizona law provides certain protections to homeowners who obtain purchase money financing for a home and then subsequently default. There are, however, important limitations to…
What Disclosure Obligations Do REALTORS® Owe to Buyers?
“To whom much is given, much is required.” This principal applies to REALTORS® who, under Article 26 of the Arizona Constitution, may “draft any and…
Are Nonrecourse Loans Feasible?
LAYING DOWN THE LAW with Christopher J. Charles, Esq. and David F. Kotter Are Nonrecourse Loans Feasible? At first blush, asking a lender for nonrecourse…
Why Mediation Trumps Litigation
“Where there are no oxen, the manger is clean, but an abundant harvest comes through the strength of the ox.” Proverbs 14:4. Put another way,…
Judgment Liens and Homestead Properties
COURT RULES THAT JUDGMENTS DO NOT ATTACH AS LIENS TO HOMESTEAD PROPERTIES Most civil cases never reach the trial stage. Instead, they are settled before…
Death and taxes: The Statutory Requirements for Purchasing, Redeeming and Foreclosing on Tax Liens in Arizona
Two things in life are certain: death and taxes. And if you don’t pay your taxes, there can be severe consequences. For example, if you…
Election Of Remedies: Can Mortgagees Have Their Cake And Eat It Too?
Most secured creditors have multiple options if the debtor defaults on payment. That is precisely why they require borrowers to pledge security (such as real estate) for the performance of the repayment of the debt – so that if the borrower defaults, the creditor is not limited to the borrower’s promise to repay the debt – in addition, the creditor can seek reimbursement from the sale of the secured asset.
How Long Can A Lender Wait Before Foreclosing Or Suing On A Note?
Years ago, Justice Oliver Wendell Holmes, Jr. asked: “What is the justification for depriving a man of his rights, a pure evil as far as it goes, in consequence of the lapse of time?” Several reasons exist: [1] our laws aim to resolve just claims within a reasonable time; [2] if a claimant sits on her rights for too long, relevant evidence to disprove the claim may be lost or destroyed by the passage of time; and [3] litigation of a long-dormant claim by result in more cruelty than justice