Arizona Supreme Court Gets it Right on Deficiency

Unfortunately, homeowners only get a fair shake when judges are intelligent and not on the take, pals with the banks, heavily invested in phony mutual funds or more concerned with their own retirement funds (which probably are not there anyway) than they are about making an honest decision.

Livinglies's Weblog

Two newly released Opinions have been posted to the Arizona Supreme Court Opinions webpage. Please click on the links below for access. Basically they say that the borrower and guarantor are entitled to credit for the actual fair market value — not the value of the bid or any other formula. This could change 1099 tax forms filed, as well as attempts at collecting improper amounts for deficiencies. But note that many states, including Arizona (last time I heard) say that if the action is nonjudicial, there is no claim for deficiency anyway. If that is true in your jurisdiction, then ANY attempt to collect the deficiency might be an FDCPA violation entitling you to monetary damages.

CV-14-0029-PR CSA 13-101 LOOP v. LOOP 101 LLC et al

http://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2014/CV-14-0029-PR.pdf

CV-14-0132-PR BIGGS/TOBIN et al v. HON. COOPER/BREWER/BETLACH

http://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2014/CV-14-0132-PR.pdf

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