Most real estate professionals understand that a purchase-money mortgage is senior to all other liens. But that is only mostly true. One important exception for all real estate professionals to be aware is the “PACA Trust.”
The recent Arizona Supreme Court case, Zubia v. Shapiro, 243 Ariz. 412 (2018), reminds homeowners to obtain early legal counsel when facing foreclosure, while bolstering lenders’ affirmative waiver defenses. Particularly, the Supreme Court ruled that borrowers waive claims to damages concerning the validity of a trustee’s sale when they first fail to obtain injunctive relief to prevent the trustee’s sale.
When it comes to real estate transactions, more often than naught, the “devil” is in the details. The Arizona Court of Appeals, Division One, recently provided a roadmap to the rules concerning the specificity of an agreement required to obtain specific performance of an option to purchase real property.
Many people work as an employee before they launch their own business. Before you act to build your company, you should understand your legal obligations to your current employer.
There are many ways for property owners to hold title to real estate. And there are many great estate planning options available to smoothly transfer title upon the owner’s death outside of probate, including the careful use of the beneficiary deed.
When multiple property owners share interests in an easement, who must pay for the easement’s maintenance? Read this article to find out.