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Posts Tagged ‘Property’

Arizona Landscaping Design Ideas

Sunday, June 13th, 2010

There are many fantastic things about living in Arizona. For the most part you have sunshine all year round, and you hardly ever have to worry about snow, depending on where you live. There are plenty of things to see and do, and because the climate in Arizona is relatively dry, it is often a Mecca in the winter for older people to get away from the cold wetness of northern states. Some people have even liked this area so much that they decide to buy property, and in some cases find land or homes that are cheaper than in other states. While some areas have a comparable cost of living to more expensive states, the fact that you can slip over the border into Mexico and get everything you need almost dirt cheap is a great attraction.

However, there are also some definite drawbacks to living in Arizona as well. One of them is that because of the excessive heat, especially during the summer, there isn’t a lot of water. Conservation of water in Arizona is a big deal, and it reflects on landscaping ideas for many in this area. While there are still some lush green ideas available, it can be expensive to keep up the maintenance on a green lawn in Arizona. You have to water your lawn more than usual, and in the summer your lawn still may die.

Many people used gravel and rocks in different formations for their landscaping ideas. Others use the abundance of natural plants that suck up the sun’s heat, and don’t need a lot of water, like cactus plants. There is a wide variety of cactus to choose from, and some like prickly pear can even be eaten. Any of these cactus don’t need a lot of maintenance or water, and thrive in the arid climate that most of Arizona has to offer. Southwester Cypress is a native tree, and these do well in hot climates, as well as some palm trees.

Some people have even begun to be really creative with their landscaping ideas in Arizona, and have a unique idea for having a lush green lawn throughout the year, with virtually no maintenance or watering whatsoever. This is done through the use of artificial grass. This is not the kind of AstroTurf that many may be familiar with, and in fact there are many companies that make artificial grass that looks like the real thing. It even has different colored pieces that give the look of a freshly mowed lawn! This is a unique style that has many different benefits. One of them is that once they are put down, you don’t ever have to worry about it again. This kind of surface covering is flame retardant, and so you have a fire barrier around your home.

Arizona Real Estate Law

Thursday, December 17th, 2009

In Arizona, absent some agreement, rule or statute to the contrary, a lender can generally seek a deficiency judgment after foreclosing on a property securing a loan, if the property does not sell for enough money to satisfy the debt in full. Fortunately for most typical Arizona homeowners, the Arizona legislature has adopted anti-deficiency statutes that preclude such recourse in many typical fact scenarios. In addition, the parties to a real estate contract may expressly agree that the lender’s only recourse is foreclosure on the property itself.

In the absence of express agreement, Arizona law provides protection for borrowers against potential liability stemming from the sale of a property at less than market value in a foreclosure sale. The borrower, however, must act quickly to protect his or her rights. If the property sells for less than the amount owed to the lender, the borrower is entitled to ask a court to determine the property’s fair market value. In the event the court agrees that the far market value is higher than the sales price the buyer gets credit for the higher amount. This not only protects the borrower from an unfairly low price, but encourages lenders to make a credit bid for an amount near fair market value.

There is an even more favorable statute protecting borrowers against deficiency judgments involving single or dual-family dwellings on 2 1/2 acres or less where the loan is “purchase money,” meaning it was used to pay the purchase price of the property. Typically, loans used to refinance purchase money loans are also considered purchase money loans, although the use of some of the proceeds to pay other debts, obtain cash out, or for other uses may expose the borrower to recourse liability.

Significantly, even if the loan is not a purchase money loan, the lender’s election to utilize non-judicial foreclosure on the deed of trust renders it non-recourse by operation of law. The lender may, however, instead seek judicial foreclosure, which is more expensive and time-consuming, but preserves the ability of the lender to obtain a deficiency judgment. This anti-deficiency statute also allows a lender to seek a deficiency judgment against the borrower in the event of waste. Because interpretation of the Arizona anti-deficiency statutes and related real estate laws can be very complicated, borrowers and lenders are advised to seek the assistance of an experienced real estate attorney with any questions or concerns they may have.

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