We are pleased to announce our newest practice area – Bankruptcy. As we continue our rich tradition of commitment and excellence in meeting our clients’ needs, we are conscious that our nation is facing one of the most severe economic recessions in its history. National foreclosure and unemployment rates are reaching record highs. Consequently, [...]
The short answer is it depends. A deficiency judgment is created if, after the foreclosure sale, the sale proceeds are less than the indebtedness. Whether the lender can pursue the borrower for a deficiency judgment depends on the type of loan and security used i.e. a deed of trust or mortgage. Generally, if the real [...]
If faced with a foreclosure of your home or rental property, there is some good news. Arizona’s antideficiency statute, A.R.S. § 33-814 provides some relief. When a real estate loan secured by a deed of trust goes into default, the lender can elect to proceed with a trustee’s sale of the property to enforce its [...]