New Law Regarding Arizona Foreclosure
Posted on February 24, 2011 in Arizona Law Regarding Business and Real EstateUnder Arizona Senate Bill 1259, we may become the first state to require lenders to prove they have the legal right to foreclose by proving up a list of all owners of the deed of trust, under a bill passed yesterday by our Senate.
The law, which is headed to the House after being approved 28-2 in the Republican-dominated Senate, would allow foreclosure sales to be voided if
lenders that didn’t originate the loan can’t produce the full chain of title. This is in line with our statutes, which permit nonjudicial foreclosures, meaning property can be forfeited with a court order.
Lawmakers in states including New York, Oregon and Virginia
also have proposed legislation to address concerns among consumer advocates that lenders or mortgage servicers are using incomplete or false paperwork to repossess properties in default. The attorneys general of all 50 states are jointly investigating how the mortgage-servicing industry operates.
The stakes are high and this is the least the banks can do before they re-take a home or commercial property. Call Bill Miller at 602-319-6899 with questions about your legal rights. He has been an Arizona trial lawyer for over 24 years and has successfully defended many wrongful foreclosure proceedings.
Arizona Trial & Business Law
William A. Miller, Esq.
William A. Miller, PLLC
8170 North 86th Place, Suite 208
Scottsdale, Arizona 85258
Say it. Don’t Spray it!
Posted on February 17, 2011 in Arizona Law Regarding Business DisputesWhen I was a kid, Mr. Winn, my 5th grade teacher would say… “Say it. Don’t spray it!” We all knew what he meant. I just put up about 25 pleadings from the Mortgages Limited fiasco. The Sierra club will go nuts on how many trees we will kill in this case. Note, the lawyers on both sides write pretty good. The Defendants have 38 lawyers. No doubt another 20 will join. The Plaintiff’s have 1.
We are all trying to make a complex matter understandable. At the Scottsdale law firm of William A. Miller we try hard to write clear. Some lawyers pull this off. Others do not. We also handle, Breach of contract, Non-compete agreements, Non-disclosure agreements, Employee theft and embezzlement, Insurance purchases and enforcement of policy coverage, Negotiation and/or enforcement of commercial leases, Negligence and gross negligence resulting in losses, Intentional acts causing a company to suffer damages, Tortious interference with contractual relationships, Unjust enrichment, Real Estate fraud, Consumer fraud, Conversion/Theft, Intentional and/or negligent misrepresentation, Business torts and Real estate title & escrow.
Arizona Trial & Business Law
William A. Miller, Esq.
William A. Miller, PLLC
8170 North 86th Place, Suite 208
Scottsdale, Arizona 85258
A long winded brief filed in the Supreme Court lost its audience in the the very first sentence of the brief:
The issue presented in this case — which arises under the Federal Service Labor-Management Relations Statute, 5 U.S.C. § 7101, et seq. (“Federal Labor Statute”) — is whether the most basic policies of that Act should play any role in a major area of its administration, viz., in determining whether a union acting as the exclusive collective bargaining representative of federal sector employees — having been selected by those employees through the secret ballot electoral processes provided by federal law — is entitled to the disclosure of personnel records of bargaining unit employees when such disclosure is “necessary for the full and proper” performance of that representative’s collective bargaining functions.
The writer of that sentence asked way too much. Must be they are paid by the word. By contrast, this lawyer got it right:
There is an old riddle: Which weighs more, a ton of feathers or a ton of bricks? While many find the question deceptive at first, the correct answer, that a ton is a ton regardless of what is being weighed, becomes irrefutably clear once explained. But in enacting and now defending the NR Exemption, the State has managed to get the answer wrong — a ton of soybeans or chicken feed is treated as though it weighs less than a ton of baked beans or dog food.
The reader is sure to understand the point.
If you need help with any legal matters feel free to call Scottsdale, Arizona trial lawyer Bill Miller at 602-319-6899. We take cases involving:
Breach of contract, Non-compete agreements, Non-disclosure agreements, Employee theft and embezzlement, Insurance purchases and enforcement of policy coverage, Negotiation and/or enforcement of commercial leases, Negligence and gross negligence resulting in losses, Intentional acts causing a company to suffer damages, Tortious interference with contractual relationships, Unjust enrichment, Real Estate fraud, Consumer fraud, Conversion/Theft, Intentional and/or negligent misrepresentation, Business torts and Real estate title & escrow.
William A. Miller, PLLC, is an Arizona law firm dedicated to this simple philosophy: In every case we handle, we strive to be the best! To demand of ourselves the highest standard of diligence and follow through. To turn over every stone. To return client calls immediately and not hide behind “lawyer speak” when confronted with tough issues. Our mandate is to treat our clients with the highest level of respect, integrity and empathy – to “do unto others as you would have them do unto you.”