Conclusion. The Act and UCRERA are any excellent innovation that provide needed clarity and certainty in an important area of the law. Each of the provisions discussed above should benefit all parties in receivership proceedings and the judge’s handling the cases. Receiverships properly administered under the act by professionals able to properly utilize …
Impact on Rights of Lender. Section 33-2623 explicitly provides that a lender holding a deed of trust does not waive certain rights and does not become an agent of the owner or a “mortgagee in possession” of the real estate that is the subject of the receivership simply because it asked for or obtained the …
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Receiverships in Another State Section 33-2622 is a significant provision that will aid receivers appointed in another state where property relating to that proceeding is located in Arizona. It allows an Arizona court to appoint the foreign receiver or his nominee as an “ancillary receiver” as to property in Arizona if she is eligible …
Darren T. Case was the guest presenter for the Southern Arizona Estate Planning Council on September 18, 2020 on the topic of “Estate Planning and the 2020 Presidential Election.” Two days later, he presented on the same topic for the Maricopa County Bar Association. The presentation detailed the potential tax law changes proposed by the candidates, …