General Real Estate Law

1. CHAPTER 3 - LANDLORD AND TENANT

2. CHAPTER 4 - CONVEYANCES AND DEEDS
   33-401 - Formal requirements of conveyance; writing; subscription; delivery; acknowledgment; defects
   33-402 - Forms for conveyances; quit claim; conveyance; warranty; mortgage
   33-405 - Beneficiary deeds; recording; definitions

3. CHAPTER 6 - MORTGAGES

   Article 1 - Mortgages Generally
   Article 2 - Foreclosure
   33-721 - Foreclosure of mortgage by court action
   33-722 - Election between action on debt or to foreclose
   33-723 - Right of junior lien holder upon foreclosure action by senior lien holder
   33-724 - State as party to foreclosure actions
   33-725 - Judgment of foreclosure; contents; sale of property; resale
   33-726 - Redemption of property by payment to officer directed under foreclosure judgment to sell the property
   33-727 - Sale under execution; deficiency; order of liens; writ of possession
   33-728 - Recording upon record that mortgage is foreclosed and judgment satisfied; effect
   33-729 - Purchase money mortgage; limitation on liability
   33-730 - Limitation on deficiency judgment on mortgage or deed of trust as collateral for consumer goods

4. Article 3 - Forfeiture and Reinstatement of Purchaser's Interest Under Contract for Conveyance of Real Property
   33-741 - Definitions
   33-742 - Forfeiture of interest of purchaser in default under contract
   33-743 - Notice of election to forfeit and reinstatement of purchaser's interest
   33-744 - Completion of forfeiture by judicial process
   33-745 - Completion of forfeiture by notice
   33-746 - Request for copy of notice of election to forfeit
   33-747 - Appointment of successor account servicing agent
   33-748 - Seller's right to foreclose
   33-749 - Other remedies
   33-750 - Conveyance by seller; payment in full; payoff deed

5. CHAPTER 6.1 - DEEDS OF TRUST

   Article 1 - General Provisions
   33-807 - Sale of trust property; power of trustee; foreclosure of trust deed
   33-808 - Notice of trustee's sale
   33-809 - Request for copies of notice of sale; mailing by trustee or beneficiary; disclosure of information regarding trustee sale
   33-810 - Sale by public auction; postponement of sale
   33-811 - Payment of bid; trustee's deed
   33-812 - Disposition of proceeds of sale
   33-813 - Default in performance of contract secured; reinstatement; cancellation of recorded notice of sale
   33-814 - Action to recover balance after sale or foreclosure on property under trust deed

6. CHAPTER 7 - LIENS

   Article 5 - Judgment Liens on Real Property

                   * Homestead exception to lien enforcement (ARS 33-964(B)
   Article 6 - Mechanics' and Materialmen's Liens

   Article 7 - Personal Property Liens

7. CHAPTER 8 - HOMESTEAD AND PERSONAL PROPERTY EXEMPTION

   Article 2 - Personal Property Exemption

8. CHAPTER 9 - CONDOMINIUMS

9. CHAPTER 10 - ARIZONA RESIDENTIAL LANDLORD AND TENANT ACT

10. CHAPTER 11 - ARIZONA MOBILE HOME PARKS RESIDENTIAL LANDLORD AND TENANT ACT

11. CHAPTER 13 - DUE ON SALE CLAUSES

12. CHAPTER 15 - SELF-SERVICE STORAGE

13. CHAPTER 16 - PLANNED COMMUNITIES

14. CHAPTER 17 - RESIDENTIAL RENTAL PROPERTY "slum lord statutes"

15. CHAPTER 18 - HOMEOWNERS' ASSOCIATION DWELLING ACTIONS

16. CHAPTER 19 - RECREATIONAL VEHICLE LONG-TERM RENTAL SPACE ACT

CASE LAW
 

PENCE v. GLAZE, 1 CA-CV 02-0520, 1/29/04: A layman who files what may be an invalid deed of trust on a debtor's residence because the deed of trust was not signed by the debtor's spouse who jointly owned the residence cannot be liable for filing an invalid lien under ARS Section 33-420(a) unless the layman knows or has reason to know the deed is invalid.  Such knowledge cannot be presumed on the theory that every person is presumed to know the law.  

1. Tell me about tax liens: Daystar vs Maricopa County Treasurer (Az Ct App, Div One 5-6-04) good review of tax liens statutes and governing law.

Other Jurisdictions:

  Predatory Lending: A recent New Jersey appeals court decision could spark a series of lawsuits against lenders and extend liability for predatory practices all the way up the mortgage food chain.

The Appellate Division of New Jersey Superior Court ruled in Associates Home Equity Services Inc. v. Troup that borrowers can sue lenders for "reverse redlining," the practice of using race, income, and other demographic information to target high-cost loans to certain neighborhoods. It also said lenders buying loans in the secondary market could be held responsible for the actions of the loan's originator.

  Attorney General's Warning about Predatory Lending