October 31, 2008
state arizona governor office

The Arizona State Legislature, under Governor Jan Brewer recently passed a new law amending the Arizona Anti-Deficiency Statute. This law generally had served to protect borrowers by prohibiting mortgage lenders to sue a homeowner for the difference between the amount of goods sold in an auction for the foreclosure and the amount owed to the lender. This law only protects homeowners in certain circumstances. In general, a landlord can not be sued by your lender if the property in question is located on 2.5 acres or less and is a single family residence or duplex. However, this law only apply if the diminution in value is not due to negligence of the owner.
The new law now requires that a homeowner must have "used" the property for six consecutive months and a certificate of occupancy must have been issued. This new requirement is aimed primarily at non-resident investors, however, could adversely affect investors. Arizona Arizona residents who are living at home and handle their primary residence is still facing foreclosure being protected under the new law.
This new requirement of the law against the deficiency shall enter into force on 30 September 2009, which could have ramifications significant outstanding performances and short sales.
Does my property qualify for the anti-deficiency law?
- Is your house is on 2.5 acres of land or less?
- Is your house a home for one or two families?
- Is your home built fully and have received a certificate of occupancy?
- Do you live in the litter at home has done for 6 consecutive months?
- Is the decline in property values because of the market (as opposed to negligence on their behalf)?
- It was the mortgage (s) used for the purchase original house, or at least for the improvements on the property?
If you answered yes to all these questions, you can still be able to protect itself against Arizona-deficiency status. Ii you meet the criteria established in the new law, your lender may be prevented from pursuing you for their losses from foreclosure. However, every situation is different. their individual factors can influence the outcome of its implementation. To find if you're protected under the Terrorism Act Arizona-deficiency status, contact an attorney to explore all its legal options and discuss your foreclosure pending or possible.
(Note: Although informative, these posts are not intended to be formal legal advice and are not fully authorized and should not be only considered as a fundamental basis for legal action.)
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