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  • administrative hearing

    The latest posts for administrative hearing are listed below.
    • ROC Revamps Complaint Process

      Arizona's Registrar of Contractors (ROC) announced a new Complaint process that should result in improvements for most Arizona contractors. The new policy reflects sweeping changes to the ROC's handling of complaints. Complaints will no longer be "complainant driven", and instead the ROC will be determining what complaints merit further regulatory attention and the possibility of license ...
    • ROC'S REVAMPED HEARING PROCEDURE MEANS CHANGE FOR CONTRACTORS

      Pending changes at the Registrar of Contractors are set to significantly alter administrative hearings - and could lead to more suspensions and revocations. For years, the ROC’s process forced complainants to carry their own burden of proof. At hearings, contractors without legal representation were at least placed on a level playing field with complainants. That could be about to change. The ...

    administrative law

    The latest posts for administrative law are listed below.
    • ROC Revamps Complaint Process

      Arizona's Registrar of Contractors (ROC) announced a new Complaint process that should result in improvements for most Arizona contractors. The new policy reflects sweeping changes to the ROC's handling of complaints. Complaints will no longer be "complainant driven", and instead the ROC will be determining what complaints merit further regulatory attention and the possibility of license ...
    • ROC'S REVAMPED HEARING PROCEDURE MEANS CHANGE FOR CONTRACTORS

      Pending changes at the Registrar of Contractors are set to significantly alter administrative hearings - and could lead to more suspensions and revocations. For years, the ROC’s process forced complainants to carry their own burden of proof. At hearings, contractors without legal representation were at least placed on a level playing field with complainants. That could be about to change. The ...
    • ROC MAY NO LONGER PROVIDE PRE-APPLICATION LICENSE REVIEWS

      The Registrar of Contractors Licensing Department will apparently no longer be providing prospective applicants with pre-license application reviews. The pre-application reviews permitted those interested in obtaining a license with a helpful forecast of issues they would face if formally applying for a license. With pre-application reviews now off the table, it is even more important for ...

    Anti-Deficiency Statute

    The latest posts for Anti-Deficiency Statute are listed below.
    • Hogan v. Washington Mutual - Show Me The Note! The Arizona Supreme Court Says "Not Required"

      Hogan v. Washington Mutual Bank Can a borrower/property owner defeat a non-judicial foreclosure sale (trustee's sale) by demanding that the lender prove that it is the holder of the underlying promissory note? In Hogan v. Washington Mutual Bank the Arizona Supreme Court answered that question with a resounding "No." In Hogan , the borrower defaulted on the loans for two properties. The lenders, ...
    • Helvetica Servicing v. Pasquan - Recent Case Law Affecting Arizona's Anti-Deficiency Statutes - One Step Forward, One Step Back

      Helvetica Servicing v. Pasquan - Recent Case Law Affecting Arizona’s Anti-Deficiency Statutes - One Step Forward, One Step Back In its recent decision in Helvetica Servicing v. Pasquan, the Arizona Court of Appeals sought to address two questions that have lingered since the Court's decision in Bank One v. Beauvais . First, the Court looked at whether construction loans used to build a residence ...
    • M&I Bank v. Mueller - The Expansion of the Arizona Anti-Deficiency Statute

      The Arizona Court of Appeals recently expanded Arizona's anti-deficiency statute governing the pursuit of a deficiency following the foreclosure of a deed of trust in the case of M&I Marshall & Ilsley Bank v. Mueller (link provided). Most home loans are secured by deeds of trust in Arizona. When a homeowner quits making payments , the lender may foreclose on the home through an auction via a ...

    Appraisals

    The latest posts for Appraisals are listed below.
    • 5 Next Steps When The Appraisal Comes In Too Low

      5 Next Steps When The Appraisal Comes In Too Low We recently came upon a very informative article about what steps a buyer can take when an appraisal comes in too low. In short, those steps are: 1. Appeal errors or bad comps to the appraiser. 2. Ask for a second opinion. 3. Rengotiate the terms of the purchase contract. 4. Pay the difference or split the difference. 5. Change lenders. For a more ...

    Boundary Disputes

    The latest posts for Boundary Disputes are listed below.
    • An Overview of Commercial and Residential Boundary Disputes

      As the great poet Robert Frost once wrote, good fences make good neighbors. In real estate law, this statement holds great relevance in regards to avoiding disputes related to property boundaries. Most of the time, commercial and residential property owners have a good understanding of where their property begins and ends and extend the same courtesy to their neighbors. Unfortunately, this ...

    Business Law

    The latest posts for Business Law are listed below.
    • Business Strategy: How to Setup a Business or Partnership

      Your business strategy is essentially everything when it comes to first setting up a business or forming a new business partnership. To say that the finest of details are crucial can be an understatement, and not knowing what is coming around the next couple corners can be folly. If you want to be successful, or at least not disastrous, you have to start thinking about strategy, objectives, and ...

    Buyers/Sellers

    The latest posts for Buyers/Sellers are listed below.
    • Commercial Tenancy and Business Disputes with Landlords

      As a business owner, choosing the right commercial property and negotiating the terms of a lease can directly influence your bottom line. From the items which are included in your rent, to the freedom you are given to customize your space, it is vital to understand the exact terms set out in a lease agreement. Once a contract has been signed, disputes which arise can be difficult to resolve. In ...
    • A Brief Explanation of Due Diligence in Real Estate

      The home looks picturesque – a quaint single-story piece in a nice neighborhood with a beautiful garden out front. The inside looks sharp and modern-contemporary and everything seems to be clean. Must be a dream that it is still on the market, right? You sit down with the realtor, sign all the paperwork, and before you know it, the property is yours. But everything turns upside-down the moment you ...
    • Helvetica Servicing v. Pasquan - Recent Case Law Affecting Arizona's Anti-Deficiency Statutes - One Step Forward, One Step Back

      Helvetica Servicing v. Pasquan - Recent Case Law Affecting Arizona’s Anti-Deficiency Statutes - One Step Forward, One Step Back In its recent decision in Helvetica Servicing v. Pasquan, the Arizona Court of Appeals sought to address two questions that have lingered since the Court's decision in Bank One v. Beauvais . First, the Court looked at whether construction loans used to build a residence ...

    Charter Schools

    The latest posts for Charter Schools are listed below.
    • Mark Hanson Speaks at Conference on Public Private Partnerships

      Firm Partner Mark Hanson was recently selected by the Alliance for Construction Excellence (ACE) to speak at its conference, "Public Private Partnerships for the Public Good". ACE is a non-profit founded by Arizona State University, and exists to improve the quality of construction and the effectiveness of the construction industry in delivering the next generation of schools, highways, and ...

    Condemnation

    The latest posts for Condemnation are listed below.
    • Know Your Rights in an Eminent Domain Case

      Did you know that a government or public agency can forcibly seize your property to be used for a public purpose under the powers of “ eminent domain ?” In the event that your home or property should sit in the path of a public project such as the construction of a highway, utility building, or pipeline, the state may force you to sell your property to it in exchange for “reasonable compensation.” ...

    Contractor Defense

    The latest posts for Contractor Defense are listed below.
    • The Construction Litigation Process for Contractors

      As a contractor, one of the most difficult setbacks you can face is litigation. Having a lawsuit filed against you is frustrating and time-consuming, no matter the reason for the lawsuit. That is why you need an experienced, knowledgeable, and efficient Phoenix construction litigation attorney if you find yourself facing litigation. Schern Richardson Finter Decker, PLC defends contractors in ...
    • ROC Revamps Complaint Process

      Arizona's Registrar of Contractors (ROC) announced a new Complaint process that should result in improvements for most Arizona contractors. The new policy reflects sweeping changes to the ROC's handling of complaints. Complaints will no longer be "complainant driven", and instead the ROC will be determining what complaints merit further regulatory attention and the possibility of license ...
    • ROC'S REVAMPED HEARING PROCEDURE MEANS CHANGE FOR CONTRACTORS

      Pending changes at the Registrar of Contractors are set to significantly alter administrative hearings - and could lead to more suspensions and revocations. For years, the ROC’s process forced complainants to carry their own burden of proof. At hearings, contractors without legal representation were at least placed on a level playing field with complainants. That could be about to change. The ...

    Distressed Properties

    The latest posts for Distressed Properties are listed below.
    • Commercial Short Sale Transactions - A Smoother Path to Approval

      Residential short-sale transactions have been commonplace in Arizona for at least the last six years. Many homeowners that have sought to short sale their residential properties have expressed a great deal of frustration. This frustration has been caused by: (1) the length of time it has taken to obtain approval from the lender; (2) the lenders' repeated requests for the same financial information ...
    • Hogan v. Washington Mutual - Show Me The Note! The Arizona Supreme Court Says "Not Required"

      Hogan v. Washington Mutual Bank Can a borrower/property owner defeat a non-judicial foreclosure sale (trustee's sale) by demanding that the lender prove that it is the holder of the underlying promissory note? In Hogan v. Washington Mutual Bank the Arizona Supreme Court answered that question with a resounding "No." In Hogan , the borrower defaulted on the loans for two properties. The lenders, ...
    • Helvetica Servicing v. Pasquan - Recent Case Law Affecting Arizona's Anti-Deficiency Statutes - One Step Forward, One Step Back

      Helvetica Servicing v. Pasquan - Recent Case Law Affecting Arizona’s Anti-Deficiency Statutes - One Step Forward, One Step Back In its recent decision in Helvetica Servicing v. Pasquan, the Arizona Court of Appeals sought to address two questions that have lingered since the Court's decision in Bank One v. Beauvais . First, the Court looked at whether construction loans used to build a residence ...

    Economic Loss Rule

    The latest posts for Economic Loss Rule are listed below.
    • Sullivan v. Pulte - ARIZONA SUPREME COURT PERMITS MORE CLAIMS AGAINST CONTRACTORS

      ARIZONA SUPREME COURT PERMITS MORE CLAIMS AGAINST CONTRACTORS August 2013 - In an opinion released last week, the Arizona Supreme Court expanded the types of claims that homeowners may bring against contractors for construction defects. In Sullivan v. Pulte Home Corporation, the Supreme Court limited application of the Economic Loss Rule to cases where homeowners have a contract directly with the ...

    Eminent Domain

    The latest posts for Eminent Domain are listed below.
    • Know Your Rights in an Eminent Domain Case

      Did you know that a government or public agency can forcibly seize your property to be used for a public purpose under the powers of “ eminent domain ?” In the event that your home or property should sit in the path of a public project such as the construction of a highway, utility building, or pipeline, the state may force you to sell your property to it in exchange for “reasonable compensation.” ...

    Finter Decker Blog

    The latest posts for Finter Decker Blog are listed below.
    • Commercial Tenancy and Business Disputes with Landlords

      As a business owner, choosing the right commercial property and negotiating the terms of a lease can directly influence your bottom line. From the items which are included in your rent, to the freedom you are given to customize your space, it is vital to understand the exact terms set out in a lease agreement. Once a contract has been signed, disputes which arise can be difficult to resolve. In ...
    • Commercial Short Sale Transactions - A Smoother Path to Approval

      Residential short-sale transactions have been commonplace in Arizona for at least the last six years. Many homeowners that have sought to short sale their residential properties have expressed a great deal of frustration. This frustration has been caused by: (1) the length of time it has taken to obtain approval from the lender; (2) the lenders' repeated requests for the same financial information ...
    • Hogan v. Washington Mutual - Show Me The Note! The Arizona Supreme Court Says "Not Required"

      Hogan v. Washington Mutual Bank Can a borrower/property owner defeat a non-judicial foreclosure sale (trustee's sale) by demanding that the lender prove that it is the holder of the underlying promissory note? In Hogan v. Washington Mutual Bank the Arizona Supreme Court answered that question with a resounding "No." In Hogan , the borrower defaulted on the loans for two properties. The lenders, ...

    Foreclosure

    The latest posts for Foreclosure are listed below.

    Loan Modification

    The latest posts for Loan Modification are listed below.
    • 42% of Arizona home sales are distressed properties.

      42% of Arizona home sales are distressed properties .* A new analysis shows that more than 42 percent of all Arizona home sales last year were either foreclosures or in some stage of foreclosure. That's an increase of 12 percent from 2010 but a slight drop from the number in 2009. The report released Thursday by foreclosure tracking firm RealtyTrac shows the percentage of distressed sales in the ...
    • Arizona Mortgage Settlement - How Will Settlement Dollars Get To Homeowners?

      Arizona Mortgage Settlement - How Will Settlement Dollars Get To Homeowners?* On February 9, 2012, an historic joint state-federal settlement was reached between Arizona and 49 other states, the federal government and the country’s five largest residential mortgage loan servicers—Ally/GMAC, Bank of America, Citibank, JPMorgan Chase and Wells Fargo. The settlement will provide as much as $25 ...
    • Federal tax relief for loan modifications, short sale, and foreclosures on primary residences is only good through 2012.

      While the long-term housing outlook is beginning to look up, 2011 is projected to be the peak year for foreclosures during this market cycle. Distressed homeowners who are on the brink of a short sale, loan modification or foreclosure should be aware that normally, any mortgage balance on a primary residence that is wiped out by one of these outcomes is taxed as what the IRS calls Cancellation of ...

    MARS Rule

    The latest posts for MARS Rule are listed below.
    • Arizona Mortgage Settlement - How Will Settlement Dollars Get To Homeowners?

      Arizona Mortgage Settlement - How Will Settlement Dollars Get To Homeowners?* On February 9, 2012, an historic joint state-federal settlement was reached between Arizona and 49 other states, the federal government and the country’s five largest residential mortgage loan servicers—Ally/GMAC, Bank of America, Citibank, JPMorgan Chase and Wells Fargo. The settlement will provide as much as $25 ...
    • Federal tax relief for loan modifications, short sale, and foreclosures on primary residences is only good through 2012.

      While the long-term housing outlook is beginning to look up, 2011 is projected to be the peak year for foreclosures during this market cycle. Distressed homeowners who are on the brink of a short sale, loan modification or foreclosure should be aware that normally, any mortgage balance on a primary residence that is wiped out by one of these outcomes is taxed as what the IRS calls Cancellation of ...
    • MARS Rule - Does The New FTC Regulation Apply To You?

      The Federal Trade Commission recently imposed a new rule on those companies providing mortgage relief to homeowners through short sales, loan modifications, and other mortgage relief options. The FTC issued the Mortgage Assistance Relief Services (MARS), Rule 16 C.F.R. 322 , to prevent consumer abuses by sham companies claiming that, for a fee, they will negotiate with the homeowners' lender to ...

    Mortgage Debt Forgiveness Relief Act

    The latest posts for Mortgage Debt Forgiveness Relief Act are listed below.

    Mortgage Financing

    The latest posts for Mortgage Financing are listed below.
    • 5 Next Steps When The Appraisal Comes In Too Low

      5 Next Steps When The Appraisal Comes In Too Low We recently came upon a very informative article about what steps a buyer can take when an appraisal comes in too low. In short, those steps are: 1. Appeal errors or bad comps to the appraiser. 2. Ask for a second opinion. 3. Rengotiate the terms of the purchase contract. 4. Pay the difference or split the difference. 5. Change lenders. For a more ...
    • Arizona Mortgage Settlement - How Will Settlement Dollars Get To Homeowners?

      Arizona Mortgage Settlement - How Will Settlement Dollars Get To Homeowners?* On February 9, 2012, an historic joint state-federal settlement was reached between Arizona and 49 other states, the federal government and the country’s five largest residential mortgage loan servicers—Ally/GMAC, Bank of America, Citibank, JPMorgan Chase and Wells Fargo. The settlement will provide as much as $25 ...
    • M&I Bank v. Mueller - The Expansion of the Arizona Anti-Deficiency Statute

      The Arizona Court of Appeals recently expanded Arizona's anti-deficiency statute governing the pursuit of a deficiency following the foreclosure of a deed of trust in the case of M&I Marshall & Ilsley Bank v. Mueller (link provided). Most home loans are secured by deeds of trust in Arizona. When a homeowner quits making payments , the lender may foreclose on the home through an auction via a ...

    Office of Administrative Hearings

    The latest posts for Office of Administrative Hearings are listed below.
    • ROC Revamps Complaint Process

      Arizona's Registrar of Contractors (ROC) announced a new Complaint process that should result in improvements for most Arizona contractors. The new policy reflects sweeping changes to the ROC's handling of complaints. Complaints will no longer be "complainant driven", and instead the ROC will be determining what complaints merit further regulatory attention and the possibility of license ...
    • ROC'S REVAMPED HEARING PROCEDURE MEANS CHANGE FOR CONTRACTORS

      Pending changes at the Registrar of Contractors are set to significantly alter administrative hearings - and could lead to more suspensions and revocations. For years, the ROC’s process forced complainants to carry their own burden of proof. At hearings, contractors without legal representation were at least placed on a level playing field with complainants. That could be about to change. The ...

    Private PostSecondary Eduction

    The latest posts for Private PostSecondary Eduction are listed below.
    • Increased Regulation Threatens For-Profit Education

      For-profit post-secondary education is quickly becoming one of the most regulated industries in America. Nowhere is that trend more true than in student bankruptcies. When a current or former student files for bankruptcy protection, federal law often requires a for-profit educational institution to simultaneously take and desist from action, to both move and stand still. Understanding those ...

    Public Private Partnerships

    The latest posts for Public Private Partnerships are listed below.
    • Mark Hanson Speaks at Conference on Public Private Partnerships

      Firm Partner Mark Hanson was recently selected by the Alliance for Construction Excellence (ACE) to speak at its conference, "Public Private Partnerships for the Public Good". ACE is a non-profit founded by Arizona State University, and exists to improve the quality of construction and the effectiveness of the construction industry in delivering the next generation of schools, highways, and ...

    Real Estate

    The latest posts for Real Estate are listed below.
    • What Is an "Easement?"

      An easement is a legally binding agreement which allows an individual or company access to another person’s property for a specific use. These agreements are common in situations such as when two homes share the use of a driveway or when a utility pipeline runs through a home’s backyard. In both cases, even though the land may be owned by a single person, another may have limited access to part of ...
    • An Overview of Commercial and Residential Boundary Disputes

      As the great poet Robert Frost once wrote, good fences make good neighbors. In real estate law, this statement holds great relevance in regards to avoiding disputes related to property boundaries. Most of the time, commercial and residential property owners have a good understanding of where their property begins and ends and extend the same courtesy to their neighbors. Unfortunately, this ...
    • Land Purchasing: How to Invest in the Right Land

      Purchasing and investing in land can seem like a pretty solid business strategy, no pun intended. After all, unless there is a plate-shifting earthquake, it isn’t going anywhere any time soon and people are always going to need it. But turning a profit isn’t as simple as making a land-grab and waiting for someone else to come along and want to use it. You need to have an eye for good land with a ...

    Real Estate Brokers

    The latest posts for Real Estate Brokers are listed below.
    • Can A Real Estate Agent's LLC Sign An Independent Contractor Agreement With A Broker?

      Can A Real Estate Agent's LLC Sign An Independent Contractor Agreement With A Broker? You may not know, but in Arizona, professional limited liability companies (LLC) or corporations (PC) are permitted to hold real estate licenses with the Arizona Department of Real Estate (ADRE). Therefore, a real estate agent can form a professional limited liability company or corporation and obtain a real ...
    • 5 Next Steps When The Appraisal Comes In Too Low

      5 Next Steps When The Appraisal Comes In Too Low We recently came upon a very informative article about what steps a buyer can take when an appraisal comes in too low. In short, those steps are: 1. Appeal errors or bad comps to the appraiser. 2. Ask for a second opinion. 3. Rengotiate the terms of the purchase contract. 4. Pay the difference or split the difference. 5. Change lenders. For a more ...
    • Finter Decker PLLC Announcing the Formation and Approval of Finter Decker School of Real Estate

      Schern Richardson Finter Decker, PLC announces the formation and approval from the Arizona Department of Real Estate of the Finter Decker School of Real Estate . Stay tuned for announcements regarding upcoming schedules and courses.

    Registrar of Contractors

    The latest posts for Registrar of Contractors are listed below.
    • ROC Revamps Complaint Process

      Arizona's Registrar of Contractors (ROC) announced a new Complaint process that should result in improvements for most Arizona contractors. The new policy reflects sweeping changes to the ROC's handling of complaints. Complaints will no longer be "complainant driven", and instead the ROC will be determining what complaints merit further regulatory attention and the possibility of license ...
    • ROC'S REVAMPED HEARING PROCEDURE MEANS CHANGE FOR CONTRACTORS

      Pending changes at the Registrar of Contractors are set to significantly alter administrative hearings - and could lead to more suspensions and revocations. For years, the ROC’s process forced complainants to carry their own burden of proof. At hearings, contractors without legal representation were at least placed on a level playing field with complainants. That could be about to change. The ...
    • ROC MAY NO LONGER PROVIDE PRE-APPLICATION LICENSE REVIEWS

      The Registrar of Contractors Licensing Department will apparently no longer be providing prospective applicants with pre-license application reviews. The pre-application reviews permitted those interested in obtaining a license with a helpful forecast of issues they would face if formally applying for a license. With pre-application reviews now off the table, it is even more important for ...

    ROC

    The latest posts for ROC are listed below.
    • ROC Revamps Complaint Process

      Arizona's Registrar of Contractors (ROC) announced a new Complaint process that should result in improvements for most Arizona contractors. The new policy reflects sweeping changes to the ROC's handling of complaints. Complaints will no longer be "complainant driven", and instead the ROC will be determining what complaints merit further regulatory attention and the possibility of license ...
    • ROC'S REVAMPED HEARING PROCEDURE MEANS CHANGE FOR CONTRACTORS

      Pending changes at the Registrar of Contractors are set to significantly alter administrative hearings - and could lead to more suspensions and revocations. For years, the ROC’s process forced complainants to carry their own burden of proof. At hearings, contractors without legal representation were at least placed on a level playing field with complainants. That could be about to change. The ...
    • ROC MAY NO LONGER PROVIDE PRE-APPLICATION LICENSE REVIEWS

      The Registrar of Contractors Licensing Department will apparently no longer be providing prospective applicants with pre-license application reviews. The pre-application reviews permitted those interested in obtaining a license with a helpful forecast of issues they would face if formally applying for a license. With pre-application reviews now off the table, it is even more important for ...

    Schern Richardson Finter Decker Blog & News

    The latest posts for Schern Richardson Finter Decker Blog & News are listed below.
    • Why Choose Schern Richardson Finter Decker, PLC?

      If you are searching for legal representation regarding a real estate transaction or dispute, choosing the best attorney for your situation can feel overwhelming. At Schern Richardson Finter Decker, PLC our team works to simplify this process by providing straightforward, effective, and personalized legal advocacy. We know that our clients are the most important part of our practice and that is ...
    • Sullivan v. Pulte - ARIZONA SUPREME COURT PERMITS MORE CLAIMS AGAINST CONTRACTORS

      ARIZONA SUPREME COURT PERMITS MORE CLAIMS AGAINST CONTRACTORS August 2013 - In an opinion released last week, the Arizona Supreme Court expanded the types of claims that homeowners may bring against contractors for construction defects. In Sullivan v. Pulte Home Corporation, the Supreme Court limited application of the Economic Loss Rule to cases where homeowners have a contract directly with the ...
    • Adam Decker Featured in 2013 SuperLawyers Publication

      Adam Decker was featured in the 2013 Super Lawyers' Publication when asked, "What's the best piece of advice you ever received?" See his response .

    Short Sales

    The latest posts for Short Sales are listed below.
    • Commercial Short Sale Transactions - A Smoother Path to Approval

      Residential short-sale transactions have been commonplace in Arizona for at least the last six years. Many homeowners that have sought to short sale their residential properties have expressed a great deal of frustration. This frustration has been caused by: (1) the length of time it has taken to obtain approval from the lender; (2) the lenders' repeated requests for the same financial information ...
    • The Expiration of the Mortgage Forgiveness Debt Relief Act Leads To Continued Frustration Over Taxation.

      At Schern Richardson Finter Decker, PLC , our practice focuses primarily on real estate and commercial litigation matters. However, as a result of the downturn in the Arizona real estate market, real estate practitioners in Arizona increasingly find themselves assisting clients with issues related to taxation and bankruptcy. It has come to my attention that tax professionals are presently ...
    • 5 Next Steps When The Appraisal Comes In Too Low

      5 Next Steps When The Appraisal Comes In Too Low We recently came upon a very informative article about what steps a buyer can take when an appraisal comes in too low. In short, those steps are: 1. Appeal errors or bad comps to the appraiser. 2. Ask for a second opinion. 3. Rengotiate the terms of the purchase contract. 4. Pay the difference or split the difference. 5. Change lenders. For a more ...
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