Arizona Law Regarding Business and Real Estate
Mortgage Foreclosure Settlement
Posted on February 15, 2012 in Arizona Law Regarding Business and Real EstateSome folks love and others hate the recent $25-billion federal-state mortgage foreclosure settlement, but there’s no getting around one huge and significant issue: Besides, prolonging the crisis, there’s a large, sink hole right in the middle of it. The hole is that if your home loan has been bought from your lender by Fannie Mae or Freddie Mac, you’re not eligible for the mortgage relief encompassed by the deal.
Since Fannie and Freddie control well more than half of all outstanding mortgages, this shortcoming looks to be what engineers would call “non-trivial.” But it is nothing like this. It means ½ of the pool is now not eligible for the program. But the goal in restructurings is to prevent homeowners from re-defaulting after a modification, and the record shows that forgiveness is much better than any other option in achieving that. This program will NOT help as designed.
We focus on fraud, securities, business disputes and commercial loan workouts at the law firm of William A. Miller in Scottsdale Arizona. Call Bill with questions at 602-319-6899
William A. Miller, PLLC 8170 North 86th Place, Suite 208 Scottsdale, Arizona 85258
Mortgage Forgiveness & Taxes
Posted on December 13, 2011 in Arizona Law Regarding Business and Real EstateWhen your lender reduces and “forgives” debt, it used to send a Form 1099 for the amount of reduced or forgiven debt. This amount needed to be included as income on your tax return. It is often called phantom income. But, because of new law, there’s a big exception when it comes to mortgage debt secured by your primary residence.
The Mortgage Forgiveness Debt Relief Act of 2007 allows you to exclude from your income the debt that’s left over after a foreclosure. The law applies for the calendar years 2007 through 2012.
You can find more information about the act in IRS Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments, as well as in IRS news release IR-2008-17.
Call long-time Scottsdale, Arizona attorney William A. Miller for more information at 602.319.6899.
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.
Those who Teach…
Posted on September 19, 2011 in Arizona Law Regarding Business and Real EstateThe bible says those who teach are held to a higher standard & federal prosecutors acknowledged that they made some “honest mistakes” in a high-profile Foreign Corrupt Practices Act case, but disputed in a brief
filed on Sept. 5 that those oversights rose to the level of misconduct.
The government’s filing addressed concerns voiced by U.S. District Judge
Howard Matz in Los Angeles that the government’s “astonishing” and
“troublesome” mishandling of the case might warrant dismissing the indictment
against two former executives of Lindsey Manufacturing Co. who were convicted on
FCPA charges. Defense lawyers moved to dismiss the charges based on prosecutorial
misconduct one day before a May 10 jury verdict went against their clients.
I think the Judge need grant this Motion. If our prosecutors get by with this behavior then what is next? After all those who teach…
Arizona Trial & Business Law
William A. Miller, Esq.
William A. Miller, PLLC
8170 North 86th Place, Suite 208
Scottsdale, Arizona 85258
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…
Read MoreStreet Smarts
Posted on November 23, 2010 in Arizona Law Regarding Business and Real EstateMy dad, a University professor, taught me how to be street smart. I think he knew the futility of arrogance and he wanted me to not think too highly of myself. Little typifies street smarts better than an experience I often have. My favorite pizza joint in Phoenix is the Red Devil. It has been…
Read MoreWho’s on First
Posted on August 20, 2010 in Arizona Law Regarding Business and Real EstateMortgages bundled into securities were a favorite trick of Wall Street at the height of the big bubble. The securities changed hands frequently, the French bought billions, and the investment banks profiting from mortgage payments were often not the same parties that made the loans. At the heart of this disconnect was the Mortgage Electronic…
Read MoreTo the Left to the Left
Posted on June 25, 2010 in Arizona Law Regarding Business and Real EstateFor a long time conservative like me, this is a tough issue to blog on. I lean left on the Gulf oil spill mess. So, call me a flaming liberal; no pun intended. For over a month or two, Obama watched the oil spill spread over the Gulf of Mexico with the same powerless shock…
Read MoreMore Investors Sue Greenberg Traurig and Mayer Hoffman
Posted on June 3, 2010 in Arizona Law Regarding Business and Real EstateFollowing on the heels of the federal class-action lawsuit filed against two national law firms and national accounting firms last week in Phoenix, Greenberg Traurig and Mayer Hoffman McCann and its affiliates find themselves on the wrong end of another investor lawsuit to recover some $52.3 million that the investors claim the lawyers and auditors…
Read MoreA Ship without a Sail
Posted on June 2, 2009 in Arizona Law Regarding Business and Real EstateI just finished lunch with one of the smartest and richest guys in Paradise Valley, Arizona. He knows I am writing this post as he teased me about being silent the last few weeks. I told him I was WORKING on legal briefs and I did not have time to blog about the Arizona legal…
Read MoreThe Next Shoe to Drop
Posted on April 8, 2009 in Arizona Law Regarding Business and Real EstateIn 1988, one of my first legal projects was to get a bank from Colorado off the back of a local developer who had built a shopping center. It turns out the bank was fearful that Arizona was about to enter a bad season in commercial real estate, the only problem was the developer was…
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