Archive for the ‘arizona real estate’ Category

Pool Lighting and Flips

As a property rehab specialist, I am often looking at the swimming pool and what will happen during the ultimate buyer’s inspection. One of the things that happens is that if there is any sort of special equipment, like a heater or automatic chlorinator, or a spa control of some kind, it will not be […]

“Sometimes, You Get What You Need”

The Court of Appeals last month in BAC HOME LOANS SERVICING LP v SEMPER INVESTMENTS (March 22, 2012), gave additional guidance on the rules and boundaries of equitable subrogation where lienholders dispute each other’s priority position to be paid, Russo defaulted on a loan from Semper, triggering that lender’s trustee’s sale. BAC sued for an […]

SOUND AND FURY

The January 4, 2012 dismissal (without prejudice to refile) by the Honorable Susan Bolton in the State of Arizona v. Burke et al. lawsuit  illustrates the first-year law student lesson that there must exist  a case or controversy, which the State of Arizona had the burden to show existed, in order to qualify the State as a party with an interest […]

Dark Days for Digital Billboards, and Gloom for Mortgagors

Two new opinions from Arizona’s appellate courts deserve the attention of real property mavens. The first is the new Arizona Supreme Court opinion of JULIA V. VASQUEZ v. SAXON MORTGAGE INC., et al, CV-11-0091-CQ. CQ stands for certified question; the Supreme Court was asked by a federal bankruptcy court to answer whether under state law […]

Contractor No Te Amo, Taco Bell! Mechanics’ Lien Elucidation

The Court of Appeals decided Delmastro & Eells v. Taco Bell Corp. about 3 weeks ago, and the opinion taught a few lessons about when a Mechanic’s Lien can turn into a quicksand trap under Arizona’s groundless lien statute. The opinion is worth reading for review of several important propositions of mechanic’s lien law. D […]

Landlords Rolling with Medical Marijuana Commercial Tenants – A New Dynamic, Part One

In this and four subsequent posts, I’m discussing from the landlord perspective some insights into leasing to medical marijuana enterprises space in commercial buildings, primarily in industrial and light assembly (commerce park-style) projects.  Fourteen states and the District of Columbia have approved the sale to licensed patients of smoke-able and consumable versions of Cannabis.  Another […]

PARK NOW, PLAY LATER

Here’s another New Year’s wish for my home town: Let’s figure out how to integrate some public parks into where the people live in the urban core.  See, Phoenix has a remarkable number of acres devoted for public parks, and some are truly magnificent for desert vistas and hiking opportunities.  Last time I checked, Phoenix’s […]

A Wish for the New Year (Live-Work Spaces Along the Transit Core)

            It’s perfectly logical to conclude that persons having no permanent stake in a neighborhood are less inclined to invest in its present upkeep or the future state of repairs – except to the degree that inclination affects those persons’ bottom line.  Ironically, that “neighborhood investment” cuts both ways; the greater […]

Co-Housing – Part 5: Matters of Stakeholder Governance

Neighbors in the U.S. decided to take community-based matters into their own hands beginning in the 1900s (one of the first POAs being in Kansas City, in 1905), when they realized that governments, no matter how well-intentioned, can’t handle the variety and number of grievances owners have against their fellow owners in a subdivision or […]

Co-Housing, Part Two – Matters of ‘Turf’

Conventional, permanent, single-family housing presumes the fact of defined space. The Postal Service needs a street number to deliver the occupant’s mail. The County Assessor needs a parcel number so that it values, then computes and bills, your property taxes. Fire and police responders require an address in case of a call for help. But […]