Real Estate Investing or Buying in Arizona

New Law Regarding Arizona Foreclosure

Posted on February 24, 2011 in Arizona Law Regarding Business and Real Estate

Under 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 Disputes

When 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.”

Street Smarts

Posted on November 23, 2010 in Arizona Law Regarding Business and Real Estate

My 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 in the same location for 60 years. Do not ask for pesto or goat cheese or you will get booted. It is next door to a biker bar and a strip club is right across the street. It’s amazing how many kids ride their bikes on that busy street. They always coast behind me when I am sitting at the stop sign. They instinctively do not trust me to yield for them. They are street smart.

On the other side of town, in Scottsdale, is my second favorite pizza place. It’s new, organic, has roasted vegetables and no pepperoni. It serves $9 dollar beers. No kids are ever riding their bikes around there, but there is no shortage of guys my age in tight shorts and helmets riding around on $2,000.00 dollar bikes. When sitting at that stop sign, I always get an arrogant glance and a quick dart right in front of my car by the old guy biker-types. That is arrogance.

Your lawyer should be street smart. Your lawyer must have confidence, but not be arrogant. Call Bill Miller, a 23 year business litigation attorney in Scottsdale and Phoenix at 602-319-6899 to see about your legal rights.

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.”

Arizona Trial & Business Law

William A. Miller, Esq.

William A. Miller, PLLC

8170 North 86th Place, Suite 208
Scottsdale, Arizona 85258

Who’s on First

Posted on August 20, 2010 in Arizona Law Regarding Business and Real Estate

Mortgages 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…

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To the Left to the Left

Posted on June 25, 2010 in Arizona Law Regarding Business and Real Estate

For 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…

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The Next Shoe to Drop

Posted on April 8, 2009 in Arizona Law Regarding Business and Real Estate

In 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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Sandals to Sandals in 3 Generations

Posted on March 16, 2009 in Arizona Law Regarding Business Disputes

As a real estate lawyer working in Paradise Valley and Scottsdale for over 20 years, I have seen scores of families ship-wrecked by money. ‘Around the world, inherited wealth is hard to preserve, says an article from Intelligent Life, a quarterly published by one of my favorite journals  The Economist: Families that preserve their wealth over the generations are rare….

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No Ticky, No Laundry

Posted on February 19, 2009 in Arizona Law Regarding Business and Real Estate

At the law firm of William A. Miller in Phoenix Arizona, we take Arizona-granted licenses as a privilege. You cannot build a house without a contractor’s license. You cannot give legal advice without a law degree and license to practice law. Good luck suing in this State if you do not possess one. If you…

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The 3 L’s- “Location, Location, Loan”

Posted on November 18, 2008 in Arizona Real Estate

It has been said that the three most important aspects of a real estate deal are “location, location, location.” That changes with the current liquidity crisis, it is now “location, location and loan.” Once the money starts flowing again in the banking system, we will see prices stabilize and go back to a reasonable 3-4%…

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Arizona Real Estate Con Men

Posted on November 3, 2008 in Broker Liability in Phoenix Arizona

Have you been the victim of a “real estate con”? A real estate con is normally set up and performed by a confidence man. The first known usage of the term “confidence man” was in 1849; it was used by the press during the trial of William Thompson. Thompson chatted with strangers until he asked if…

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