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Foregiveness Act Survives the Fiscal Cliff

January 2, 2013 by admin Leave a Comment

The Mortgage Debt Relief Act of 2007 has survived the "fiscal cliff," which will invariably lead to a continued increase in the number of short sales nationwide.  The "fiscal cliff" deal will extend the Act for another year, meaning that homeowners who receive debt forgiveness resulting from a foreclosure, deed in lieu, or short sale … [Read more…]

Posted in: Real Estate Tagged: attorney, defense, estate, foreclosure, foreclosure defense, land, lien, real, Real Estate, real estate attorney, sale', short, short sale, tax, tax lien, tax lien foreclosure attorney, Tucson, Tucson land use attorney, Tucson real estate attorney, use

Cash Out Refinance – No More Anti-Deficiency Protections in Arizona

March 23, 2012 by admin Leave a Comment

The Arizona Court of Appeals (Division 1 in Maricopa County) just issued an opinion entitled Helvetica v. Pasquan, which addresses the scope of Arizona’s anti-deficiency protections in the judicial foreclosure (non-trustee’s sale) context.  The first issue the Court addressed is whether refinancing a purchase money loan forfeits a borrowers’ anti-deficiency protection, to the extent that … [Read more…]

Posted in: Foreclosure Topics, Tax Lien Foreclosure Tagged: anti-deficiency, Arizona, Arizona foreclosure defense attorney, attorney, deed, deed in lieu of foreclosure, defense, foreclosure, foreclosure defense, foreclosure defense attorney, Foreclosure Topics, in, lien, lieu, loan, MERS, mortgage, non-recourse, non-recourse loan, of, recourse, recourse loan, sale', settlement, short, short sale, tax, tax lien, Tax Lien Foreclosure

The Death of Dual-Tracking?

April 29, 2011 by admin Leave a Comment

Housing Wire recently reported that the Federal Housing Finance Agency (FHFA) has directed the two government sponsored agencies, Fannie Mae and Freddie Mac to align their guidelines for servicing delinquent mortgages. Previously, they maintained different requirements for how their mortgage servicers would treat loan backed by Freddie and Fannie.  This new push for alignment may … [Read more…]

Posted in: Foreclosure Topics, Tax Lien Foreclosure Tagged: attorney, County, estate, foreclosure, foreclosure attorney Tucson, Foreclosure Topics, land, land use attorney, lien, Pima, Pima County, real, real estate attorney Tucson, sale', short, short sale, tax, tax lien, Tax Lien Foreclosure, Tucson, use

Bank of America in the Cross Hairs

December 18, 2010 by admin Leave a Comment

Arizona Attorney General Terry Goddard announced that on December 17, 2010, his Office filed a lawsuit against Bank of America and its affiliated companies  alleging violations of the Arizona Consumer Fraud Act and violations of the consent judgment entered in March 2009 between Arizona and the Countrywide companies owned by Bank of America. The lawsuit, … [Read more…]

Posted in: Foreclosure Topics Tagged: A, Arizona, attorney, B, B of A, defense, deficiency, foreclosure, foreclosure defense, Foreclosure Topics, fund, lien, Maricopa, of, Pima, sale', short, short sale, tax, tax lien, tax lien fund

Breathing Underwater

November 4, 2010 by admin Leave a Comment

A great article by Don Lee – Tribune Washington Bureau – highlights how underwater mortgages are a serious contributor to the dismal performance of the national economy.  It is estimated that there are 15 million homeowners who are undewater on their mortgages, many of whom can and continue to pay on their mortgage, but have … [Read more…]

Posted in: Foreclosure Topics, Land Use, Real Estate, Tax Lien Foreclosure Tagged: attorney, away, estate, foreclosure, Foreclosure Topics, land, Land Use, lien, real, Real Estate, sale', short, short sale, tax, tax lien, Tax Lien Foreclosure, use, walk, walk away

Fannie and Freddie: Looking for Some Payback

October 22, 2010 by admin Leave a Comment

The Federal Housing Finance Agency, which has served as the conservator of Fannie Mae and Freddie Mac since 2008, is looking to recoup on serious losses that the government sponsored entities have suffered as a result of their heavy purchases of mortgage-backed securities during the hey days of the real estate bubble.  The FHFA has … [Read more…]

Posted in: Real Estate, Tax Lien Foreclosure Tagged: Arizona, attorney, County, estate, foreclosure, lien, Maricopa, Maricopa County, Pima, Pima County, real, Real Estate, robo, robo signer, s, sale', short, short sale, signer, tax, tax lien, Tax Lien Foreclosure, trustee, trustee's

Tax Lien Foreclosure – Sub-taxing

June 29, 2010 by admin Leave a Comment

Tax lien investors need to understand the importance of sub-taxing their tax liens in Arizona.  When a tax lien investor purchases a tax lien at the February Pima County tax lien sale, for example, that investor then has the right to purchase the next year’s delinquent taxes if the owner does not pay the subsequent … [Read more…]

Posted in: Land Use, Real Estate, Tax Lien Foreclosure Tagged: Apache, Apache County, attorney, Cochise, Cochise County, County, estate, federal, federal tax lien, IRS, IRS lien, land, Land Use, lien, Maricopa, Maricopa County, Phoenix, real, Real Estate, sub, sub tax, tax, tax lien, Tax Lien Foreclosure, Tucson, use

Stemming the Tide of Foreclosures: Principal Reduction

April 14, 2010 by admin Leave a Comment

Bank of America, which bought Countrywide Financial for $4 billion in stock in early 2008, has come under pressure from the Massachusetts Attorney General, as a result of Countrywide’s notorious lending practices.  Bank of America’s move is part of an agreement to settle claims over certain high-risk loans made by Countrywide.  See link to Wall … [Read more…]

Posted in: Foreclosure Topics, Real Estate, Tax Lien Foreclosure Tagged: attorney, County, deed, deed in lieu of foreclosure, estate, foreclosure, foreclosure attorney, Foreclosure Topics, in, lien, lieu, Maricopa, Maricopa County, modification, of, Pima, Pima County, real, Real Estate, real estate attorney, sale', short, short sale, tax, tax lien, Tax Lien Foreclosure, Tucson

Tax Lien Foreclosure: Ready, Willing, and Able to Redeem

April 6, 2010 by admin Leave a Comment

In the tax lien foreclosure world, appropriate service of process is absolutely crucial.  Consider what is at stake in a tax lien foreclosure case – the potential forfeiture of the right of the owner of a property to pay off their delinquent property taxes, which practically speaking means the likely loss of their property.  If … [Read more…]

Posted in: Land Use, Real Estate, Tax Lien Foreclosure Tagged: Arizona, attorney, County, estate, Fleishman, land, Land Use, lien, litigation, Maricopa, Maricopa County, Michael, Michael Fleishman, Pima, Pima County, real, Real Estate, redemption, tax, tax lien, Tax Lien Foreclosure, Tucson, use

Tax Lien Foreclosures – Recovery of Attorney’s Fees

February 24, 2010 by admin Leave a Comment

The Arizona legislature, probably with some good ol’ vested interest prodding, provides a nice little mechanism to insulate tax lien investors from some of their down-side risk.  Under A.R.S. Section 42-18206, any person who redeems a tax lien after they have been personally served with a complaint seeking to foreclose their right to redeem then … [Read more…]

Posted in: Tax Lien Foreclosure Tagged: deed, deed in lieu, foreclosure, in, lawsuit, lien, lieu, sale', service, short, short sale, summons, tax, tax lien, Tax Lien Foreclosure, taxes
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Tucson Land Law Blog

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