By: Lyndsey Torp
A recently issued opinion by the Court of Appeal, Fifth Appellate District tells a cautionary tale regarding a lender’s failure to name a junior lienholder in its initial judicial foreclosure action.
In Cathleen Robin v. Al Crowell,
Real Estate Litigation Blog
The Real Estate Litigation Blog, published by Snell & Wilmer, focuses on legal issues related to real estate disputes and transactions. It covers topics such as landlord-tenant conflicts, commercial lease enforcement, implied warranties in home construction, liquidated damages in real estate contracts, and judgment liens on homestead properties. The blog discusses relevant case law, statutory interpretations, and best practices for handling real estate litigation matters. It also addresses regulatory and policy developments affecting real estate agents, buyers, sellers, landlords, and tenants, providing guidance on navigating complex legal challenges in residential and commercial real estate contexts.
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A Landlord’s Guide to the Center for Disease Control’s Eviction Moratorium
By Colton Addy
The Center for Disease Control and Prevention (the “CDC”) and the Department of Health and Human Services (the “HHS”) has issued an order to temporarily halt a landlord’s right to evict certain residential tenants to prevent the…
California Judicial Council Votes to Rescind Prohibitions on Eviction and Foreclosure Proceedings
By: David Rao and Lyndsey Torp
The California Judicial Council’s emergency rules staying evictions and judicial foreclosures are coming to an end.
On March 27, 2020, the Governor of California issued executive order N-38-20, giving the Judicial Council emergency authority…
Does a Landlord’s Violation of the Arizona Residential Landlord-Tenant Act Constitute Negligence Per Se?
By: Kevin J. Parker
In a recent Arizona Court of Appeals case, Ibarra v. Gastelum, 2020 WL 4218020 (7/23/20), the Court of Appeals addressed the question whether – in a tenant’s personal injury claim against the landlord – a landlord’s…
Does a Broker Forfeit His or Her Commission for Technical Non-Compliance with Department of Real Estate Statutory Requirements?
By: Kevin J. Parker
In a recent Arizona Court of Appeals case, CK Revocable Trust v. My Home Group Real Estate LLC, 2020 WL 4306183 (7/28/2020), the Court of Appeals addressed the distinction between “substantive” and “technical” statutory requirements for…
Colorado Governor Polis’s Executive Order D 2020 101: Keeping Up with Colorado’s Shifting Eviction Landscape during COVID-19
On March 5, 2020, Colorado Governor Polis issues executive order D 2020 012, which among other things imposed temporary limitations on evictions, foreclosures, and public utility disconnections. After being amended and extended three times (through April 30, 2020 via D…
Arizona Governor Ducey’s Executive Order on Residential Eviction Actions
By: Bob Henry
As part of the State of Arizona’s response to the current public health crisis, on March 24, 2020, Arizona Governor Ducey issued Executive Order 2020-14, titled “Postponement of Eviction Actions.” A copy of the Executive Order is…
A Landlord’s Guide to California’s New Statewide Rent Control Laws
By: Colton Addy
Applicability of California’s Rent Control Laws: California Civil Code Sections 1946.2 and 1947.12 took effect on January 1, 2020, and implement statewide rent control in California for most residential properties. The rent control laws, however, do not…