Attorney Ronald D Roach's Legal Cases

Real estate

RDR LAW Obtains Release of Deed of Trust For Client, Allowing Her to Refinance or Sell Property.

Jul 01, 2019

OUTCOME:

Years ago, a woman refinanced the mortgage on her home, but the title company and previous lender failed to record a release of the deed of trust that had been in place on the property. Nearly two dec ... ades (and multiple re-finances) later, as the client prepared to re-finance or sell her home, she was advised of the outstanding deed of trust that was still encumbering the property. Unfortunately, nearly all of the entities involved in the original transaction, including the lender were either no longer in existence or had no records. RDR LAW was able to locate a successor-in-interest entity and obtain the necessary release so that the client could convey her property.

Litigation

Motion to Dismiss Results in Dismissal of Federal Odometer Tampering and Indemnification Lawsuit Against Individual Client.

Jun 01, 2019

OUTCOME: Dismissal

RDR LAW’s client was the target of a third-party claim in the U.S. District Court of Arizona asserting that he should have to indemnify a car dealership for any liability it may have for tampering with ... the odometer of a vehicle. RDR LAW filed a motion to dismiss on behalf of his client asserting that the indemnification claim failed to state a claim upon which relief could be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). Faced with the motion, the third-party plaintiff dismissed the claim.

Litigation

RDR LAW Obtains Default Judgment Against Tenant that Abandoned Residential Rental Property.

May 01, 2019

OUTCOME: Judgment

A tenant renting a home abandoned the property months before the end of the lease and left the property damaged and filled with trash. RDR LAW was retained to prosecute claims for the damage and unpai ... d rent, late fees, and interest owed. Although the defendant refused to respond to communications from RDR LAW and/or its client, RDR LAW located and served her with a complaint and summons. After she failed to respond as required by the Rules of Civil Procedure, a default judgment was entered against her for the full value of the plaintiff’s claim.

Real estate

Negotiates Commercial Lease On Behalf of Doughnut Franchise With Large Real Estate Company.

Apr 01, 2019

OUTCOME:

RDR LAW’s client was in the process of opening Arizona’s first franchise of a popular east coast doughnut shop. RDR LAW was retained late in the transaction after most of the terms had been agreed upo ... n and successfully negotiated additional concessions favorable to its tenant client into the lease.

Lawsuits and disputes

RDR LAW Prevents Judgment Creditor’s Efforts to Seize Proceeds from Sale of Client’s Home.

Jan 01, 2019

OUTCOME:

RDR LAW was retained by a woman who was in the process of selling her own (owned jointly with her parents) when she was informed by the title company handling the transaction that nearly all of the sal ... es proceeds would be taken to pay a judgment lien. There was a judgment encumbering the sale of the property because one of the property’s co-owners, (our client’s father) was subject to a recorded judgment. RDR LAW intervened and demonstrated to both the title company and the creditor that the homestead exception applied and precluded any seizure of funds because the father lived in the home. Not only was the client able to proceed with the sale and keep all of the sale proceeds, but a new settlement was reached between her father and the creditor.

Business

RDR LAW Drafts Operating Agreement and Master Services Agreement for Newly Formed Companies.

Jan 01, 2019

OUTCOME:

Two new companies, including a professional limited liability company formed by a local certified public accountant starting his own practice and an online marketing company retained RDR LAW to prepare ... their company’s respective operating agreements and master services agreements.

Litigation

RDR LAW Wins Motion for Summary Judgment and Court Holds that Lender Violated Arizona’s Usury Laws.

Dec 01, 2018

OUTCOME: Motion for Summary Judgment

Although lenders want to take the position that usury is dead in Arizona, RDR LAW prevailed on a second motion for summary judgment on usury in three months. This time, RDR LAW represented an individu ... al facing threats of foreclosure by a commercial lender. The lender demanded that it would initiate foreclosure proceedings unless the borrower paid a default penalty and a years’ worth of back interest (that the borrower had already paid). After oral argument, the court granted RDR LAW’s motion for summary judgment and held that the lender violated Arizona usury law and breached the promissory note by charging unlawful interest.

Litigation

RDR LAW Obtains $200,000+ Judgment Against Gym and Owner for Failure to Repay Debts.

Nov 01, 2018

OUTCOME: Judgment

After repeatedly borrowing tens of thousands of dollars for personal and professional business ventures, a man and his companies failed and refused to repay the sums due and owing (totaling over $200,0 ... 00). RDR LAW was retain to prosecute claims against the defaulting borrower and while the merits of those claims were beyond dispute, the defendant individual and companies repeatedly failed to comply with Court orders and a default judgment for the full value of the claims was entered against them.

Employment and labor

RDR LAW Successfully Negotiates Settlement of Wage Dispute Filed in California on Behalf of Local Business.

Nov 01, 2018

OUTCOME: Settlement

An Arizona company performed work in California and – as a favor – took a family friend along as a temporary employee. In return, he filed a wage and hour claim with the California Department of Indus ... trial Relation’s Division of Labor Standards Enforcement asserting that he was not given breaks or properly paid for overtime hours worked. RDR LAW was engaged and after filing a response to the charges with the California authorities, RDR LAW was able to negotiate a nuisance value settlement of the claim resulting in the dismissal of the matter.

Litigation

Ronald Roach Successfully Argues MSJ that over $900,000 In Loan Charges Were Usurious In Violation of Arizona Law.

Sep 01, 2018

OUTCOME: Settlement

When a commercial lender declared that its borrower was in default of a promissory note – only a month after the loan closed, it sent a demand seeking more than $1M in interest, late fees, and penaltie ... s from its borrower, including charging interest on sums that it had not even disbursed to the borrower. RDR LAW’s Ronald Roach drafted a motion for summary judgment arguing that the late fee was an improper and unlawful penalty and that the lender was trying to collect usurious interest – interest that exceeds the amount to which the lender was entitled – in violation of Arizona usury law. The Court agreed and entered summary judgment against the lender, prohibiting its effort to collect a windfall of more than $900,000 in improper interest.

Ronald D Roach's Legal Cases (18)

RDR LAW Obtains Release of Deed of Trust For Client, Allowing Her to Refinance or Sell Property.

Motion to Dismiss Results in Dismissal of Federal Odometer Tampering and Indemnification Lawsuit Against Individual Client.

RDR LAW Obtains Default Judgment Against Tenant that Abandoned Residential Rental Property.

Negotiates Commercial Lease On Behalf of Doughnut Franchise With Large Real Estate Company.

RDR LAW Prevents Judgment Creditor’s Efforts to Seize Proceeds from Sale of Client’s Home.

RDR LAW Drafts Operating Agreement and Master Services Agreement for Newly Formed Companies.

RDR LAW Wins Motion for Summary Judgment and Court Holds that Lender Violated Arizona’s Usury Laws.

RDR LAW Obtains $200,000+ Judgment Against Gym and Owner for Failure to Repay Debts.

RDR LAW Successfully Negotiates Settlement of Wage Dispute Filed in California on Behalf of Local Business.

Ronald Roach Successfully Argues MSJ that over $900,000 In Loan Charges Were Usurious In Violation of Arizona Law.