DLG Blog

Smile...You're Being Recorded!

Arizona law gives homeowners the right to record all open board meetings.

Persons attending may tape record or videoptape those portions of the meetings of the board and meetings of the members that are open. The board of directors of the association may adopt reasonable rules governing the taping of open portions of the meetings of the board and the membership, but such rules shall not preclude such tape recording or videotaping by those attending.

Errors in Trustee's Sales: No Do-Overs in Credit Bids

A lender who completes a Trustee’s Sale based on a mistake in the bid price is not entitled to correct its mistake. Such “errors” take two common forms: (1) the trustee’s opening, or credit, bid is greater than the amount owed on the property (creating excess proceeds that should be paid to the borrower or others) and (2) the opening bid was “too high” and the lender wants to redo the sale to try to pursue a deficiency action (where anti-deficiency statutes do not apply).

Second mortgages and lines of credit

Arizona law prohibits a lender from filing a lawsuit to collect on a home loan where the loan represents “purchase money,” that is, money used to purchase the property. This includes purchase money loans that are technically denominated as “home equity lines of credit” taken out at the time of the original purchase of the home. It also includes first, second, and even third mortgages where the money was borrowed as part of the purchase of the property.

An Overview of Arizona's Anti-Deficiency Statutes

A foreclosure often results in the bank receiving less than the full amount owed on a loan. Whether banks may or may not pursue you for the balance due, or deficiency, depends on the application of a state’s anti-deficiency statutes. An anti-deficiency statute is a state law governing whether and when a lender may pursue a judgment following, or in lieu of, a foreclosure. Arizona has two main anti-deficiency statutes that provide protection to homeowners with qualifying property.

My HOA obtained a judgement against me for $1200. Why do I now owe them $6000?!

If you live in a homeowners association and have ever fallen behind on your assessments, chances are good you received one or more letters threatening legal action.  If you have been unlucky enough to be sued by your homeowners association and lost, chances are very good that your homeowner association has added court costs and attorneys’ fees to the amount of the unpaid assessments.  Arizona law and homeowners association’s governing documents generally permit a homeowners association, if successful in court, to include its costs and attorneys’ fees in addition to the unpaid assessments in