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1912, 2014

Trustee’s Sales Are Not a Determination of Breach

By | December 19th, 2014|Categories: Uncategorized|0 Comments

The mere occurrence of a trustee sale, predicated on an allegation of a breach, does not constitute a judicial determination that the borrower has breached the note. Morgan AZ Financial, LLC v. William Gotses, 235 [...]

1411, 2014

Arizona Judgment Domestication: Collecting Community Property

By | November 14th, 2014|Categories: Uncategorized|0 Comments

In a previous post we discussed collecting from both spouses when one spouse incurs a debt in Arizona. What happens when a judgment creditor obtains a foreign judgment, and wants to collect the judgment in [...]

711, 2014

Timeline for Trustee’s Sales in Arizona

By | November 7th, 2014|Categories: Creditor's Rights|0 Comments

The non-judicial foreclosure process in Arizona is known as a Trustee’s Sale. The requirements to complete a valid trustee’s sale fully set forth in statute. For those professionals that are statutorily identified as being qualified [...]

3110, 2014

Notice Under the Uniform Enforcement of Foreign Judgments Act

By | October 31st, 2014|Categories: Uncategorized|0 Comments

What is notice? When it comes to domesticating foreign judgments in Arizona, "notice" is governed by the Uniform Enforcement of Foreign Judgments Act (the “Act”). The Act simply requires that notice of the lodging of [...]

2410, 2014

Domesticating a Foreign Judgment Based on a Guaranty

By | October 24th, 2014|Categories: Uncategorized|0 Comments

When a judgment creditor obtains a judgment in another state against a married person, the judgment can be domesticated in Arizona, and if executed correctly, the domesticated judgment can enforced in Arizona against both spouses. [...]

1710, 2014

Arizona: Separate and Community Property; Separate and Community Liability

By | October 17th, 2014|Categories: Uncategorized|0 Comments

In Arizona, when an individual signs a contract, that person becomes personally liable to perform the obligations created by the contract. There are many different types of contracts, for example, retail installment contracts, personal guarantees, [...]