Once the homeowner realized her mistake, her appeal to Superior Court was a day late. The potential payoff of a offer to compromise is explained in section c 1 :. What law governs a deficiency action if the choice-of-law provisions in the note and deed of trust conflict? Hoeller , No. April 15, It turns out, the note controls. ZB , a Utah bank, lent money to the Hoellers to purchase a commercial property in Missouri. The note included a choice-of-law provision stating that Utah law governed the debt.
By: Kevin J. In general, by subordination, Party No. Party No. This year, the Legislature did not attempt a single-bill construction defect overhaul like those that have failed over the last half-decade. This new approach appears to be headed towards much the same outcome as the failed efforts of the past. House Bill would have given developers a statutory right to repair before being sued by homeowners , and Senate Bill would mandate arbitration or mediation.
Waiver of the argument of course! And, in the case of Wells Fargo Bank, N. Waltner , the affirmance of an eviction judgment. Accordingly, the Bank filed a summary action to evict Waltner, which the trial court ultimately granted.
The Utah Act provides both substantive and procedural guidance in an area of law that historically has been marked by inconsistency and uncertainty. Chicago Title Insurance Company , Ariz. If you own property and a tenant wrongfully refuses to vacate the premises for example when the lease expires or after proper written notice of termination , you may have a quick and easy remedy to have the tenant removed.
To allow for quick resolution, the only question a court may consider in a FED action is who has the right of possession of the property. While most people would agree that increasing the use of alternative energy is socially responsible, there are a number of real estate investors that may view it as an opportunity to make additional profits by purchasing distressed properties with solar panels and then reselling those properties for more than they would be worth without solar panels.
The theory is relatively straight forward as many believe that foreclosure of a deed of trust that was recorded before the solar panels were installed would extinguish any liens in favor of the vendor that sold or financed the sale of the solar panels. The franchisor did so to secure a right of first refusal to purchase the property and to enforce the franchise agreement to have the lease assigned to the franchisor if the franchisee defaulted.
Bradbury has passed, so it appears that decision will stand. Sierra Pac. The Court of Appeals interpreted the statute of repose in C. Aside from general statutory prohibitions on lender discrimination, there are certain circumstances under California law in which lenders may be held liable for credit-related actions, such as negotiating or denying credit. See generally 11 Cal. Real Est. But the borrower left behind all sorts of property — furniture, filing cabinets, records, and other assorted property.
While you may be tempted to just toss it all in the dumpster, doing so may subject you to liability. There are several statutes that you should consider when determining how to handle the abandoned property.
A landlord-tenant relationship may arise following foreclosure if, for example, the owner of the property accepts rent from the former owner. There are no witnesses or trial exhibits or jurors or opening statements.
The administrative record is often voluminous. It includes not only the environmental reports, but also all project application materials, staff reports and related documents, public notices, written comments and responses, all evidence or correspondence submitted to or relied upon by the agency, hearing transcripts, written findings, and more.
Last year as we blogged about here and wrote a more in depth Law article about here , the Ninth Circuit certified to the Washington Supreme Court the question of whether title companies owe a duty of care to third parties when they record legal instruments. We finally have an answer…. The California Department of Water Resources DWR sought to construct water conveyance facilities that would require significant property condemnation.
As part of this process, DWR further sought to investigate the environmental and geological suitability of more than private properties considered for the conveyance route. DWR proposed two sets of precondemnation diligence — — environmental and geological activities. In a decision filed August 9, , the Arizona Court of Appeals further clarified the scope of such equitable subrogation.
By: Michael Lindsay and Luke Mecklenburg. The Colorado Supreme Court has approved a settlement between the parties to an appeal of the Colorado Pool Systems v.
Scottsdale Insurance Company Court of Appeals case, leaving that ruling intact. The ruling parses a fine line between uncovered costs of repairing defective work and covered costs of damage caused to nondefective work while repairing defective work. This nuanced opinion, which is now established Colorado law, is worth a second look. In Colorado Pool Systems, Inc. The tenant is closing its business and wants to sublet or assign the lease to a similar business for the final seven years of the lease.
While these cases are fact-sensitive, some of the following rules may apply where the lease provides the tenant with an opportunity to ask the landlord to consent to an assignment of the lease or a sublease. Hatch was a homeowner who hired Solomon to install sewer lines. After installation, heavy rain led to muddy water in the sewer lines, suggesting a defect in the installation.
In other words, the one-action rule prescribes that the only process for recovery of a debt secured by a mortgage or deed of trust is to foreclose on the lien. Several new California procedural rules went into effect on January 1, While we are several months into the new year, litigators may need a reminder of these new rules. A recent California case provides good precedent for dealing with nuisance lawsuits that are intended to delay valid foreclosures.
In Brown v. The court of appeal affirmed.
In a recent case, the Arizona Court of Appeals addressed the special rules of procedure for eviction actions. The eviction rules became effective January 1, In Sotomayor v. Sotomayor-Munoz, Ariz. The Court of Appeals determined that the appeal was untimely because, according to the court, the particular motions filed by the tenant did not extend the appeal deadline.
In such cases there is generally a master association for the master-planned community and then sub-associations for specific developments within the master-planned community. The liens of the master association and the sub-association have equal priority unless their declarations provide otherwise. See NRS Earlier this year in Southern Highlands Community Association v. San Florentine Avenue Trust , Nev. Construction defect reform is a hot-button issue in Colorado.
This is especially true along the booming Front Range, where rapidly increasing population has driven the prices of renting and buying property a mile high. In the face of such a polarizing issue, the Colorado legislature has tried but failed to pass any meaningful reform. The condemnation  of property for public works may not always be as clean and easy as the government would like.
The often staggering cost of litigation has prompted an equally staggering amount of regulatory complaints against contractors in recent years. Your regulatory agency is probably understaffed and overworked. Believe it or not, lenders can breach loan agreements too…and when they do, there can be significant consequences.
In Great Western Bank v. LJC Dev. Much can be learned from this unusual outcome, so please continue reading for an analysis of the facts and legal principles of this case.
Arizona Revised Statutes Title 9 - Cities and Towns. Chapter 1 FORMATION Article 1 Incorporation, Disincorporation and Reincorporation. § 9- The Arizona Revised Statutes have been updated to include the revised sections from the 54th Legislature, 1st Regular Session. Please note that the next.
Since that time, a drafting committee has worked diligently to prepare a comprehensive statute that would address this unique area of law. The eminent domain powers of school districts and other political subdivisions is set forth in A. La Paloma Property Owners Association , the Arizona Court of Appeals confirmed that a school district may condemn a private road for vehicles to enter a school campus.
Sounds simple, right? The County Assessor determines the first factor, valuation subject to certain guidelines under applicable Arizona law. Given the wide disparity in assessment ratios, classification can be a major issue for taxpayers. Recently, the Court of Appeals confirmed that a shopping center for valuation purposes may not be a shopping center for classification purposes. Arizona, like most states, has a Statute of Frauds that essentially requires real estate related contracts to be both 1 in writing and 2 signed by the party to be charged.
The answer to these questions, like many legal questions, is: it depends. Pursuant to federal statute, 15 U. Lewis v. Debord , Ariz. Toxic tort cases often involve real property, especially in areas with large mining and energy sectors like the West and Southwest.
The cases frequently have large potential damage values and require extensive discovery. Numerous expert witnesses, vast amounts of real property testing, and significant document production are common.
The cost of engaging in this far reaching discovery is often a significant factor in early settlement negotiations.