Scottsdale law
No Statute of Limitation on Quiet Title!
Posted on June 12, 2013 in Az Business LawOn May 28, 2013, the Arizona Court of Appeals ruled in Cook v. Town of Pinetop-Lakeside that there is no statute of limitations for a quiet title lawsuit. 1 CA-CV 12-0258. In short, if an owner of real property gives permission to a neighboring owner to drive over their property for ten or twenty years, the owner could still file a quiet title lawsuit against the neighboring property owner. The neighboring property owner will never have a right to a roadway easement. If the owner does not give permission to use the roadway, after the ten-year adverse possession statute of limitations, the neighboring property owner will have a prescriptive easement to use the roadway.
Call William A. Miller with any Arizona real estate questions. We have been at it for 25 years!
602.319.6899 8170 North 86th Place, Suite 208 Scottsdale, AZ 85258
Lerner v. DMD Realty. LLC
Posted on June 10, 2013 in Arizona Law Regarding Business and Real EstateIn the Lerner case, 648 Ariz. Adv. Rep 35 (CA 1, 11/27/12) the Arizona Court of Appeals continued to uphold the stigmatized property statute. The statute gives non disclosure bogie’s. It limits the things that MUST be disclosed and cuts off liability for other non disclosures that common sense would suggest need be disclosed. ie. someone died there or sex offender down the block. I seldom read the statute when broker calls me. I just tell them if you think (the issue at hand) would matter to you and your family, then disclose it!
If you need help buying or selling real estate or seeing if the law in Arizona supports your claims, give me a call at 602-319-6899. The firm has been actively representing litigants for over 27 years. We are located in Scottsdale, Arizona at 8170 North 86th Place, Suite 208. 85258 or can be reached with questions at bmiller@williamamillerpllc.com.
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.
Your Word is Your Bond
Posted on March 21, 2013 in Arizona Law Regarding Business and Real EstateIt’s hard to figure out why lawyers will not quote what the cost of a suit will be. While, variables do exist, your lawyer should know what these variables might be. That can be factored in. Well, the legal marketplace is changing, and companies are now demanding value-based engagements with their outside firms that create alignment and incentivize the elimination of waste and excessive work. Large corporations—the ones law firms covet as clients—find better value and achieve better results with value-based alternative fee arrangements (VBFs).
According to data provided by members of the Association of Corporate Counsel (ACC), home-appliance maker Whirlpool put in place a system that emphasizes hitting benchmarks on budgets and giving bonuses for ending legal claims sooner rather than later. In the process, it cut its legal costs by about 15 percent. Sherwin Williams cut its spending by a similar amount using VBFs. And Home Depot adopted new billing procedures in 2008, hiring outside lawyers using fixed fees and retainers. As a result, Home Depot cut its legal fees in half.
At the Law Firm of William A. Miller in Scottsdale, Arizona we are happy to arrange a value-based fee agreement and we will stick to it, after all… your word is your bond.
Feel free to call William A. Miller, Esq. 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.
The End of National Century
Posted on March 15, 2013 in Arizona Law Regarding Business and Real EstateJust weeks before a scheduled trial, Credit Suisse has reached a $400 million settlement in litigation over the demise of National Century Financial Enterprises. The settlement resolves claims that bondholders were defrauded to the tune of $2 billion when National Century collapsed amid a health-care financing scandal in 2002 — and reportedly brings the bondholders’…
Read MoreHow to Sue for Home Defects
Posted on March 6, 2013 in Arizona Law Regarding Business and Real EstateAt the Law Firm of William A. Miller located in Scottsdale Arizona we are often asked to represent buyers who purchased defective homes. Here is a simple legal analysis we perform: What is the timing? The statute of limitations for breach of a written contract is six years from the date that the breach occurred….
Read MoreInvestor Loss? Another Deep Pocket to Sue
Posted on January 7, 2013 in Arizona Law Regarding Business and Real EstateBack in 2002, when I broke the NCFE billion dollar bond fraud case, I sued Moody’s, Fitch and Standard & Poor’s. Portions of the case have been reported in National Law Books, See Parrett v. Bank One, N.A. (In re Nat’l Century Fin. Enters. Inv. Litig.), 323 F.Supp.2d 861, 878 (S.D. Oh. 2004). My fellow lawyers were suspicious of…
Read MoreArizona- Title to Property
Posted on December 19, 2012 in Arizona Law Regarding Business and Real EstateCOMMUNITY PROPERTY: Arizona is a community property state. There is a statutory presumption that all property acquired by husband and wife is community property. Community property is a method of co-ownership for married persons only. Upon death of one of the spouses, the deceased spouse’s interest will pass by either a will or intestate succession….
Read MoreArizona Anti-deficiency law
Posted on February 27, 2012 in Arizona Law Regarding Business and Real EstateIn M&I Marshall & Ilsley Bank v. Mueller, 1 CA-CV 10-0804, the Arizona Court of Appeals said that Arizona’s anti-deficiency statute applies to those who buy land with the intent to occupy the property upon completing building a home even if they do not complete construction and actually occupy the property. In Mueller, the family bought…
Read MoreMortgage 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…
Read MoreMortgage 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…
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