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Patrick Ryan MacQueen

Patrick MacQueen’s Legal Guides

8 total

  • My Lender Has Initiated a Deficiency Lawsuit - Now What?

    My Lender Has Initiated a Deficiency Lawsuit Against Me Now What? By: Patrick MacQueen, Attorney, Mack Drucker Watson P.L.C. When discussing todays distressed real estate market, many Arizonans focus on foreclosure, strategic default, and/or the short sale of residential real...

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  • Recent (and Significant) Changes to Arizona Anti-Deficiency Laws

    MI v. Mueller- The Court of Appeals Confirms the Legislatures Intent to Protect Consumers A lender's ability to maintain a "deficiency" action in Arizona may be more limited than previously thought. Very generally, the ability to maintain a deficiency action is governed by severa...

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  • What is a Deed in Lieu of Foreclosure?

    The Basics of Deeds in Lieu of Foreclsoure Once upon a time, there was a loan, secured by a Deed of Trust, whereby the borrower agreed to faithfully make his payments for a period of thirty years. Then, without notice, the Great Recession hit Arizona borrowers, lenders, and prope...

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  • Why Won't My Lender Modify My Mortgage Loan?

    Why Wont My Lender Modify My Home Mortgage? By:Patrick MacQueen, Esq. The likely solution to Arizonas housing problem would seem to be a program in which borrowers could obtain meaningful loan modifications from their lenders i.e. loan modifications in which lenders reduce prin...

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  • Commercial Short Sales Are Possible

    Is It Possible to Short Sell a Commercial Property? YES. According to a 2010 report from the Congressional Oversight Panel, nearly $1.4 trillion in commercial loans made over the past 10 years will mature and require refinancing between now and 2014. Many of these commercial loa...

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  • Payment Obligations When A Commercial Landlord Loses Its Property

    Oftentimes, when a commercial landlord loses its property to a foreclosure, commercial tenants become confused as to the appropriate party to pay their lease obligations. In fact, commercial tenants frequently ask whether lease payments must be made to the prior landlord, the new...

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  • Seller Refusing to Sell?

    Experience reveals that disputes over real estate differ from other legal disputes in a number of ways. One such difference is a partys ability to seek the remedy of specific performance. A request for specific performance is a request that a court force the opposing party to act...

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  • Mind Your Property Rights

    Owners of Arizona real estate are often surprised to learn thatan individual may be able to acquire title to land by utilizing that land openly, adversely and continuously for a statutory period. In fact, your favorite neighbor can, by occupyingyour land for a period of time, ga...

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