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1 Deficiency and HELOC Settlement in Arizona - Butler Law Office
http://legalaz.com/real-estate/deficiency-and-heloc-settlement/
Some of these loans are protected by Arizona's “anti-deficiency statute,” which means that once the lender forecloses on the house, the borrower no longer ...
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2 Questions - Foreclosure - AZLawHelp.org
https://www.azlawhelp.org/viewquestions.cfm?mc=3&sc=20&qid=20775
The difference between HELOCs and conventional loans is significant because of the language of Arizona's anti-deficiency statutes. The anti-deficiency statutes ...
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3 Foreclosure Deficiency Debt in Arizona - McCarthy Law
https://mccarthylawyer.com/types-of-debt/mortgage-debt/foreclosure-deficiency-debt-arizona/
An anti-deficiency statute essentially says that a bank cannot get more than the value of the home at the foreclosure sale. If the state in which the property ...
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4 Am I Protected by the Arizona Anti-Deficiency Statute?
https://www.natlbankruptcy.com/am-i-protected-by-the-arizona-anti-deficiency-statute/
HELOC Mortgages, Investment Property Not Protected. It is important to keep in mind that while Arizona's anti-deficiency laws are consumer- ...
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5 The Arizona Anti-Deficiency Statute: Can a mortgage lender ...
http://scotthyderlaw.com/the-arizona-anti-deficiency-statute-can-a-mortgage-lender-sue-you-for-a-deficiency-amount-after-a-foreclosure/
That first lender cannot sue you for the $30,000 deficiency you owe because the Arizona anti-deficiency applies to any trustee sale of a ...
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6 Real Estate Mortgage Anti-deficiency Laws | Platt & Westby, P.C.
https://www.plattwestby.com/real-estate-mortgage-anti-deficiency-laws/
There are two laws in Arizona that prevent lenders from getting a “deficiency judgment” for certain categories of residential loans. The laws are commonly known ...
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7 Arizona's Anti-Deficiency Statutes
https://www.davismiles.com/arizonas-anti-deficiency-statutes/
In Arizona, certain home owners are free to stop making payments their home and walk away from it with no financial recourse against them. These ...
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8 Can Arizona's Anti-Deficiency Statutes Apply to a Home Quity ...
https://www.srflawfirm.com/blog/2011/march/can-arizonas-anti-deficiency-statutes-apply-to-a/
Can Arizona's Anti-Deficiency Statutes Apply to a Home Quity Line of Credit (HELOC)?
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9 The Lender-Borrower Tangle: Understanding California and ...
https://www.buchalter.com/publication/the-lender-borrower-tangle-understanding-california-and-arizona-anti-deficiency-legislation/
California's anti-deficiency legislation is similar in nature to that enacted in Arizona in that the manner in which a lender eventually elects to foreclose can ...
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10 Deficiency Judgments After Foreclosure in Arizona - Nolo
https://www.nolo.com/legal-encyclopedia/deficiency-judgments-after-foreclosure-arizona.html
If you go through a foreclosure in Arizona, the foreclosure sale could result in a deficiency. (When the foreclosure sale price doesn't cover the balance of ...
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11 HELOC - Can the Lender Foreclose in Arizona? - Diane Drain
https://dianedrain.com/heloc-can-the-lender-foreclose/
Home equity line of credit "HELOC" - In Arizona can the Lender Foreclose if there is no equity? Of course, this is a secured loan on your home.
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12 Arizona Mortgage Deficiency Law 2017 - Folks Hess PLLC
https://www.azdefaultlegalservices.com/articles/az-mortgage-deficiency-law.htm
The general rule is that deficiency judgments are barred by Arizona's anti-deficiency statutes when the collateral for the subject mortgage loan is a completed ...
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13 Lenders Suspending HELOC's in Falling Markets
https://www.desertsageseminars.com/Blog?m8:post=lenders-suspending-helocs-in-falling-markets
Even if the homeowner has no balance on their HELOC, many lenders have taken a broad-brush ... Arizona's Anti-Deficiency Statutes to Remain Unchanged.
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14 Arizona's Current Anti-Deficiency Statutes - Udall Shumway
https://www.udallshumway.com/2015/03/25/arizonas-current-anti-deficiency-statutes/
The Arizona Supreme Court essentially agreed with the Court of Appeals, sided with the lender bank and found that the borrower and guarantors ...
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15 Arizona Anti-Deficiency Laws: a Guide to Navigating Uncertainty
https://www.sackstierney.com/blog/arizona-anti-deficiency-laws-a-guide-to-navigating-uncertainty/
Regardless of which statute is applicable, the threshold for obtaining anti-deficiency protection is the same: the property securing the loan ...
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16 Arizona Anti-Deficiency Law - Harper Law PLC
https://www.harperlawaz.com/arizona-anti-deficiency-law
In Arizona, unless there is some agreement, rule or statute to the contrary, a lender can generally seek a deficiency judgment after foreclosing on a ...
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17 2015 Update of Arizona's Anti-Deficiency Laws - JD Supra
https://www.jdsupra.com/post/contentViewerEmbed.aspx?fid=c0e7d345-a3ca-4621-aca6-aecc66484a4a
Deadline for seeking deficiency. Section 33-814(A) of the Arizona Revised Statutes allows a foreclosing creditor (the "beneficiary"), within 90 days after ...
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18 Anti-Deficiency Judgment - Andrew Robb Realtor
https://www.andrewrobb.com/real-estate-info/arizona-anti-deficiency-judgment/
Arizona law (as outlined in Arizona Revised Statutes, Title 33, Chapter 6.1) provides protection for borrowers against deficiency judgments where the loan ...
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19 How Long Can a HELOC Haunt You? | AZREIA
https://azreia.org/newsletter/how-long-can-a-heloc-haunt-you/
Many people learned from the Great Recession that Arizona is an anti-deficiency state, meaning that if you are foreclosed upon, the bank generally can't go ...
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20 Best HELOC and Home Equity Loan Lenders in Arizona - TIME
https://time.com/nextadvisor/loans/home-equity/best-heloc-home-equity-loan-lenders-arizona/
Best National Home Equity Line of Credit (HELOC) and Home Equity Loan Lenders in Arizona · Products offered: Home equity loan, HELOC, rate-lock ...
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21 Is My HELOC a Recourse or Non-Recourse Loan in California?
https://www.bills.com/learn/home-equity/is-my-heloc-a-recourse-or-non-recourse-loan-in-california
California's anti-deficiency laws are complex. · A HELOC may or may not be a non-recourse loan in California. · Consult with a California lawyer for precise ...
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22 I Received a 1099 from My Home Equity Lender - Jaburg Wilk
http://www.jaburgwilk.com/news-publications/i-received-a-1099-from-my-home-equity-lender-what-steps-do-i-need-to-take
The anti-deficiency statutes generally do not apply to a HELOC. If the HELOC is not considered a purchase money loan under Arizona law, the homeowner has ...
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23 Arizona Home Equity Line of Credit Rates - BestCashCow
https://www.bestcashcow.com/home-equity-rates/line-of-credit-arizona-az
Home equity lines of credit (HELOCs) are loans secured against the equity in your home, They are typically less costly and more flexible than home equity loans.
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24 Top 10 Foreclosure and Short Sale Issues - State Bar of Arizona
https://www.myazbar.org/AZAttorney/PDF_Articles/0710ShortSale.pdf
specialist and an Arizona licensed real estate broker. ... anti-deficiency statutes the Arizona ... loan such as a HELOC, will never fore-.
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25 Re: Purchase money HELOC ... Doesn' exist! - Foreclosure Forum
http://www.foreclosureforum.com/mb/messages/22574.html
Arizona is deficiency state... so both of you may be sued on the HELOC loans. Jerry-Ca. ... Is the second loan protected under anti-deficiency laws in CA?
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26 The California Anti-Deficiency Statute: Is It Ever Possible to ...
https://www.weltman.com/publication-the-california-anti-deficiency-statute-is-it-ever-possible-to-recover-on-a-deficiency-balance
It does not matter if it's a first, second, or third mortgage, or whether it was a home equity line of credit. If the borrower obtained the loan ...
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27 deficiency | Arizona Association of REALTORS®
https://www.aaronline.com/tag/deficiency/
Anti-Deficiency Statutes Protect Homeowner from Deficiency after Foreclosure of Home. Posted on July 16, 2010. Tags: deficiency, HELOC, home equity line of ...
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28 HELOC Liability After Foreclosure or Short Sale | Wells Realty and ...
https://wellsrealtylaw.com/heloc-liability-after-foreclosure-or-short-sale/
California, similar to Arizona, is an anti-deficiency state. Also like us, California's statute protects purchase money in the event of a Trustee's Sale or ...
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29 Dividing Assets Arizona| Interview with Bob Howard
https://www.arizonalawgroup.com/radio-show/bob-howard-interview-1/
If you've got that HELOC, home equity line of credit, to build a swimming pool or something like that, that's not covered by the anti-deficiency statutes, ...
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30 Arizona Cases - Title Insurance Law
http://titleinsurancecenter.com/Title%20Insurance%20Pages/Cases/ArizonaCases.htm
HELOC STATUTE OF LIMITATIONS: The court held that the 6-year statute of limitations ... ANTI-DEFICIENCY: In determining whether a loan qualifies as a ...
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31 Foreclosure, Deficiency Judgments and the Perils of Anti ...
https://www.forbes.com/sites/jayadkisson/2012/06/24/foreclosure-deficiency-judgments-and-the-perils-of-anti-deficient-statutes/
The borrower argued that Arizona's Anti-Deficiency Statute should protect him, since the HELOC simply replaced the original purchase-money ...
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32 Qualified Property and Loans under Arizona's anti-deficiency statute ...
https://www.avvo.com/legal-guides/ugc/qualified-property-and-loans-under-arizonas-anti-deficiency-statute
Arizona is an anti-deficiency state, meaning, that in many cases, homeowners are not ... Thus, if you get a purchase money loan, second trust deed, a heloc, ...
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33 CFPB Consumer Laws and Regulations RESPA
https://files.consumerfinance.gov/f/201308_cfpb_respa_narrative-exam-procedures.pdf
o Loans that are the subject of a home equity conversion mortgage or reverse ... May require the borrower to repay the deficiency within 30 days; or.
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34 The Law Firm of Ellen K. Lawson Attorney at Law PLC | Short ...
https://ellenlawsonlaw.com/
Ellen Lawson established her firm to directly assist Arizona homeowners and help ... trustee sale issues, HOA debt and Arizona's anti-deficiency statute.
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35 I live in a non-deficiency state (arizona). I bought a house with a 80 ...
https://www.justanswer.com/real-estate-law/5gefo-live-non-deficiency-state-arizona-bought-house.html
Hi. · However, a HELOC used as a purchase money mortgage to purchase the home would be protected under the anti deficiency laws. · Thus, the question and issue in ...
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36 Residential Foreclosures (Judicial) (AZ) | Practical Law - Westlaw
https://content.next.westlaw.com/practical-law/document/Ic59bc42c20a611e9a5b3e3d9e23d7429/Residential-Foreclosures-Judicial-AZ?viewType=FullText&originationContext=document&transitionType=DocumentItem&ppcid=0a3fe1b4d9dd4f2dafd7f734f658df1f&contextData=(sc.Default)
This Note also addresses Arizona law concerning the appointment of a receiver, the borrower's right to reinstate a loan, and deficiency judgments.
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37 Anti-Deficiency Law in Arizona - Provident Lawyers
https://www.providentlawyers.com/anti-deficiency-law-in-arizona/
If a lender sells a home in a foreclosure sale for less than what the borrower owed, there is a deficiency. And in Arizona, lenders can ...
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38 What Is a Recourse State? - LegalMatch
https://www.legalmatch.com/law-library/article/what-is-a-recourse-state.html
In some states, the anti-deficiency law will prevent the lender from collecting any money at all from the borrower. Instead, they are forced to ...
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39 How Do Deficiency Judgments Work in California? - Upsolve
https://upsolve.org/learn/deficiency-judgments-in-california/
California homeowners have access to certain protections under the state's anti-deficiency statutes. These laws address borrowers' rights ...
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40 2 Important Arizona Laws That Protect Homeowners
http://oggiepenevrealtyblog.com/2-important-arizona-laws-that-protect-homeowners.html
This is great protection if you're a homeowner. 2. The Anti-deficiency Law. If you have a mortgage on your home and, for some reason, you can't ...
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41 Fair Lending Laws and Regulations - FDIC
https://www.fdic.gov/resources/supervision-and-examinations/consumer-compliance-examination-manual/documents/4/iv-1-1.pdf
Where this review identifies fair lending compliance system deficiencies, give them appropriate consideration as part of the. Compliance Management Review in ...
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42 Home Equity Line of Credit (HELOC)
https://www.azcentralcu.org/loans/home-equity-funding/home-equity-line-credit-heloc
Arizona Central Credit Union offers home equity lines of credit with low, variable interest rates helping you get the best HELOC for your needs.
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43 Update on Recent Developments in Arizona's Foreclosure and Short ...
https://www.azlandlaw.net/2012/04/update-on-recent-developments-in-arizonas-foreclosure-and-short-sale-laws/
In other words, in cash out refinances or combined purchase money/HELOC loans in which the ... Occupancy Requirement Under Arizona's Anti-Deficiency Law:.
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44 Second Mortgage / Home Equity Line of Credit (HELOC)
https://www.182court.com/practice-areas/second-mortgages-heloc-attorney-tucson/
Arizona's statutory law(s) sometimes comes into play when creditors attempt to collect on a deficiency judgment. Federal bankruptcy laws control these ...
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45 What Homeowner's Need to Know About Anti-Deficiency Laws ...
https://www.mandglawgroup.com/2019/06/11/what-homeowners-need-to-know-about-anti-deficiency-laws-in-arizona/
Arizona Revised Statute §33-729 protects homeowners with a purchase money mortgage from deficiency judgments. To qualify, the property must be ...
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46 What Happens When You Default on a Home Equity Loan?
https://pocketsense.com/happens-default-home-equity-loan-1078.html
You could end up with something called a deficiency judgment, which allows the lender to garnish your wages or levy your bank account for the ...
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