MKC Law Blog

Yet More Lien Law – Owner-Occupant Exception Means What it Says

Posted March 20, 2015 on behalf of the firm

Arizona lien law continues to grow, this time regarding A.R.S. 33-1002(B), the owner-occupant exception. In Marco Crane & Rigging, Co. v. Masaryk, the Arizona Court of Appeals, Division One, explained that § 33-1002(B) excludes mechanic’s liens from attaching to properties “of a person who became an owner-occupant prior to the construction, alteration, repair or improvement, except… Read more

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Arizona Upholds Fair Market Valuation Right

Posted March 19, 2015 on behalf of the firm

A fair market valuation is a statutory right under Arizona law after property is sold at a trustee’s sale.  Banks have long included language in their loan documents that prospectively waives those rights — but no longer under a new ruling. During the depths of the Great Recession (2008 – 2010) many borrowers found themselves on the… Read more

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Borrowers on Vacant Lots Beware

Posted March 11, 2015 on behalf of the firm

The recent Great Recession continues to produce decisions by Arizona courts.  In January, the Arizona Supreme Court held that Arizona’s anti-deficiency statute does not protect borrowers that default if the home was never built.  In BMO Harris Bank v. Wildwood Creek Ranch, LLC, the Court held that protections under ARS § 33-814(G) against deficiency judgments… Read more

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Top 10 Do’s and Don’ts for New Arizona Contractors

Posted September 8, 2014 on behalf of the firm

I was perusing the latest Phoenix Business Journal over the weekend and came accross the list of new contractor licensees published by the Arizona Registrar of Contractors.  There are basic things to look out for that can trip up the unsuspecting new contractors — and even those old grizzled contractors.  So here is my Top Ten List… Read more

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