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Case History: Creditors’ Timeliness to Collect Debt After Death

When a debtor dies, Arizona probate law has always placed the burden on the creditor to act timely to preserve the claim. A recent case demonstrates how strict that burden can be. In re Estate of Evitt, 2018 WL 4017786 (August 23, 2018). Post-Death vs Pre-Death Creditors Judith and Charles divorced in Arizona. As part …

How to Handle Eminent Domain Cases in Arizona

In 1875, the case Kohl v. United States made its way to the Supreme Court. It was the first challenge to the eminent domain clause of the Fifth Amendment of the Constitution, but not the last. Since then, the Court has often met with eminent domain challenges. While the judgments vary, most center on what …

Buyers and Others Beware The Hidden Speculative Builders Tax

It has been said that there are only two things in life that are certain: Death and taxes. In the case of the speculative builders tax, many homebuyers and sellers find that this hidden tax can be a cost to them. This is not a tax that affects only speculators and builders – it affects …

HUD Insured Loans – Source of Funds for Multi-Housing Projects

Since 1990, Tiffany & Bosco has represented owners of multi-housing projects in connection with loans that are insured by the U.S. Department of Housing and Urban Development (“HUD”). Recently, the loans have been primarily for upscale apartment projects and healthcare facilities.  However, they have also included other multi-housing projects such as hospitals and assisted and …

Broken Priority May Cause Delay in Construction

Sometimes, construction will begin on a project before the construction loan is in place. When this happens and the deed of trust securing the construction loan has not been recorded, it is called “a broken priority.” In the past, a title insurance company was willing to insure over a broken priority when it had a …

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