1. Is a Borrower Personally Liable After Foreclosure? A borrower is generally personally liable to the lender for a loan including the shortfall, or “deficiency,” created when the unpaid loan balance is more than the bid price/value of the property at a foreclosure auction. However, Arizona has statutory exceptions-commonly called […]
Category: Legal Alerts
In May, the United States Securities and Exchange Commission approved changes to the continuing disclosure provisions of Rule15c2-12 (the “Rule”) that will affect new agreements executed on or after December 1, 2010. Under the current Rule, an Event Notice must be filed in a timely manner if any of 11 […]
If business owners thought the new health care bill was complicated, here’s yet another layer of complexity. The government has now issued new regulations on how employers can grandfather in their existing plans under the bill. Each employer has to decide, based on cost and other factors, if it is […]
Public entities often strike deals with developers and other private interests to bring commercial projects to life. So, when the City of Phoenix partnered with some Chicago-based developers to build a large, mixed-use development in north Phoenix, neither party anticipated that it would spark a lawsuit that would change the […]
Background As part of the American Recovery and Reinvestment Act of 2009 (“ARRA”), Congress added Section 54AA of the Internal Revenue Code of 1986, as amended (the “Code”), permitting a state or local government, including school districts, to issue anew type of taxable obligation called Build America Bonds (“BABs”) to […]
More and more business owners are turning to Facebook and LinkedIn to dig up information about job applicants. In a June 2009 CareerBuilder survey of 2,600 hiring managers, 45 percent of employers reported using social networking sites to research potential hires, a 22 percent increase over the year before. Another […]
If you own investment property or a small business in your own name, you should consider transferring it to an entity wholly owned by you. This generally will protect you from some kinds of liabilities that can arise from ownership of the transferred assets. It will not protect you from your own […]
The telephone rang; it was a new client ranting about the other owner of his limited liability company (LLC) and asking for my help getting him out of the company. My first question was, “What does your operating agreement say about removal rights and how to value his interest?” Dead silence-then my […]
Prologue: This summer, the state legislature grappled with changing Arizona’s anti-deficiency law, which protects homeowners who lose their homes in foreclosure from paying a “deficiency” on the property. A “deficiency” is the difference between the secured debt and the greater of the sale price or the home’s fair market value. […]
I was seldom able to see an opportunity until it had ceased to be one. – Mark Twain The current economic environment has created opportunities both for those seeking to acquire assets and for those lenders willing to finance distressed-asset acquisitions. These opportunities are arising with greater frequency in the […]