Claims for failing to properly disclose the condition of a seller’s home is one of the leading causes of lawsuits in in the sale of residential real estate in Arizona. Many of the lawsuits are the result using the Arizona Association of Realtor (“AAR”) forms…
A homestead protects the equity in a person’s qualified property from attachment, execution and forced sale by creditors. The Arizona homestead exemption is governed by A.R.S. § 33-1101, which lays out the types of properties that qualify as homesteads, as well as the requirements for establishing a homestead exemption. The statute provides that any person…
A judgment creditor in Texas can collect or enforce a judgment against a judgment debtor through a variety of methods, including post-judgment discovery, filing a judgment lien, requesting a writ of execution or garnishment, and requesting a turnover order…
A.R.S. 33-814, Arizona’s residential anti-deficiency statute, generally prohibits a deficiency judgment against a borrower for a loan secured by the borrower’s personal residence if the property is two-and-a-half acres or less and is used for a single one-family or two-family dwelling. In pertinent part, the statute provides that…