RealtyTrac just released its 2008 U.S. Foreclosure Market Report, which reported that there were a total of 3,157,806 foreclosure filings (default notices, auction sale notices, and bank repossessions) on 2,330,483 properties during 2008. That was an 81 percent increase over 2007 and a 225 percent increase over 2006. To get a feel for the breadth … [Read more…]
So a borrower defaults under a promissory note and the deed of trust. Normally, the lender in that circumstance will exercise the power of sale clause in the deed of trust and begin the foreclosure process by noticing a trustee’s sale. However, the lender may also choose to call the note due and accelerate the … [Read more…]
It has been interesting to watch the transition in the State Land Department, whose long-standing mission has been "to enhance value and optimize economic return" for the State Land Trust. In practice, the Department has simply sold trust land to the highest bidder at public auction, which historically have been developers. Despite ongoing attempts at … [Read more…]
Despite unending attempts to step the flow of illegal immigration to the United States through an increasingly militarized border, the mortgage lending industry was not about to pass up the chance to capitalize on the estimated 12 million illegal immigrants in the United States looking for their own slice of the American dream. Enter the … [Read more…]
Under Arizona Revised Statutes Section 42-18202, a tax lien investor who wants foreclose the right of a property owner to redeem a tax lien is required, among other things, to send a notice of intent to file a foreclosure action by certified mail to the owner of record. In 2005, the Arizona legislature amended Section … [Read more…]
You have to wonder why an initiative (Proposition 201) entitled the "Homeowner’s Bill of Rights" is sponsored by Local 359 of the Sheet Metal Workers International Association. According to the Home Builders Association of Central Arizona, the union used the threat of an initiative as a pressure tactic in a campaign to get Chas … [Read more…]
When Congress established the Territory of Arizona in 1863, Congress set aside sections 16 and 36 of each township of the Territory of Arizona for the benefit of the Common Schools, a practice first established by the Northwest Ordinance in 1787. Congress recognized then the value of land and the importance of public schools to … [Read more…]
What do the traditional Japanese Ninja and the the American Ninja have in common? Both destablize and cause social chaos. While traditional Ninjas allegedly intended to destabilize and cause social chaos in enemy territory or against opposing rules, the American Ninja never intended to do anything but make money. The American Ninja is actually an … [Read more…]
Once an investor has owned a tax lien certificate of purchase for at least three years since it was first offered for sale by the given county, the investor may seek to foreclose the right of the property owner to redeem the tax lien. Arizona’s statutes (A.R.S. Section 42-18201, et seq.) govern the foreclosure process. … [Read more…]
In cases involving real property, a plaintiff often will file what is called a "lis pendens," which is Latin for suit pending. The purpose of filing a lis pendens is to secure a plaintiff’s claim on a property so that a sale, mortgage, or encumbrance of the property will not diminish the plaintiff’s rights to … [Read more…]