Harper Law - Arizona Law Firm Serving Phoenix & All of Arizona

Arizona Law Firm - Arizona Lawyers

Harper Law is like a lot of other law firms, except it's so much more. At Harper Law we're not committed to billing hours, we're committed to providing the information and services that you need to understand and manage your legal situation, whatever it is.

We know that there are no small cases when there's a legal problem affecting you, your family or your business.  That's why we're constantly working to develop cost-effective legal solutions to address as many situations as possible.  We hope you'll agree that that makes Harper Law a truly valuable legal resource you can turn to again and again.

Knowledge - We provide the Arizona legal information you need to understand your situation...

In most cases, the process that starts before we ever meet. Harper Law maintains its primary website at HarperLawArizona.com as well as a network of associated sites designed to help you understand the general legal principles that pertain to your case.

You can also subscribe to our free email newsletter, Harper Law FYI, which is designed to update subscribers on recent legal developments, firm news, and other current items of interest.

Tools - We give you the resources you need to resolve your situation...

If you require more detailed information about common legal issues, Harper Law is proud to offer detailed digital reports and videos available for instant download. Many people find these resources particularly useful to quickly address a particular concern without having to wait and incurring the expense to meet with a lawyer personally.

Of course, many situations do require personal service, and we sincerely look forward to working with you. Indeed, every situation is different and if you've got any doubt about what your legal rights and obligations are, you should address your situation with an experienced attorney.

If you've got a simple legal question that you haven't been able to get answered elsewhere, our unique "Ask Harper Law" service might be just what you're looking for.

And if you need to discuss your case with a lawyer, either in person or over the telephone, we can usually schedule a consultation within 24-48 hours - sometimes less.

Representation - We can either represent you personally or help you find the legal representation you need...

If your case does merit or require formal representation by an Arizona attorney, we can do that too. We'll discuss your goals and expectations, determine a recommended course of action, and work with you to develop a fee structure that works for both of us.

At the end of the day, we can't guarantee any outcome. But can assure you that we'll do everything possible to earn your your business and your lifelong friendship. We don't just want to be Arizona's Premier Legal Resource, we want to be your law firm of choice.

To Speak With an Arizona Lawyer Please Call 602-256-6400 or Provide Your Information Above & We'll Get Back To You As Soon As Possible.

 

The Protecting Tenants at Foreclosure Act of 2009

The Protecting Tenants at Foreclosure Act of 2009, part of the Helping Families Save Their Homes Act of 2009, was signed into law by President Obama on May 20, 2009. The Act contains several provisions designed to help tenants who are lawfully occupy a property that is foreclosed on due to the landlord's failure to pay the mortgage. The Act appliesin foreclosure proceedings involving any federally-related mortgage loan on a residential property, which includes most residential properties in Arizona. The Act is set to expire on December 31, 2012, unless Congress extends it prior to that date.

The most important protections offered by the Protecting Tenants at Foreclosure Act are restrictions on the ability of the party taking title to the property after foreclosure to evict the occupying tenant. In order to obtain these protections, the tenant must be able to demonstrate that they are not the defaulting borrower or closely related to the defaulting borrower, that they are occupying the property pursuant to a legitimate lease, and the rent payable under the lease is not substantially less than the fair market rent for the property. If these conditions are met the tenant is a bona fide tenant entitled to the protections of the Act.

If a foreclosing party (the person who bought the property at the foreclosure sale) finds a bona fide tenant residing at the property, he or she must honor the lease and cannot evict that tenant before the expiration of the lease term.

There is an exception, however, if the foreclosing party intent to utilize the property for his or her own primary residence or sells the property to a new owner to use as a primary residence. In that case, the foreclosing party or new owner can evict a bona fide tenant upon 90-days' written notice, even if the lease term extends beyond the 90-days.

Finally, if there is no written lease or the lease is terminable at-will, the foreclosing party can evict the tenant upon 90-days' written notice.

Since the Protecting Tenants at Foreclosure Act was enacted, we have reprensetned landlords and tenants affected by the Act, which has wide-ranging implications in today's real estate market. In many cases the foreclosing party is not aware of the protections afforded to tenants and a peaceful resolution can be reached without judicial intervention. When that is not possible, our experienced landlord tenant lawyers can protect your rights, whether you are bona fide tenant or foreclosing party seeking to secure possession of your new home.

 

Don't Delay When It Comes To Stopping A Foreclosure In Arizona

If you're facing the foreclosure of your Arizona home and you want to stop the foreclosure sale, please act now. We meet with far too many people who have a trustee's sale coming up within days (or sometimes hours) and they want to do something to stop the sale. Even if there are legal grounds to challenge the sale, it can be very difficult - and much more expensive - without the benefit of time.

When given time, it may be possible to obtain a court order stopping, or at least delaying the sale. Even when there is no legal basis to challenge the sale, with time a resolution may be reached with the bank. 

I understand that bank representatives and others sometimes provide assurances not to worry about a scheduled sale date, often verbally representing that the sale will be continued while you are working on a loan modification or other resolution. Homeowners should understand, however, that unless a court order is obtained to stop a foreclosure sale, the lender's promises may be meaningless once the property is sold even in violation of such a promise. So if you've got a foreclosure date coming up assume your home will be sold unless the lender has vacated the sale or a court has entered an injunction preventing the sale.

Shameless Plug: For more information about Arizona Foreclosure Law, check out the recording Arizona Foreclosure 101.

 

Check Out Or New Employment Law Blog Post Regarding FMLA Benefits

If you're looking for information about Arizona employment law, be sure to check our employment law blog where we've just posted a short summary of the Family and Medical Leave Act and the benefits employees are entitled to receive:

The Family And Medical Leave Act (FMLA) - What Benefits Is An Employee Entitled To Receive?

 

When A Lender Issues Tax Form 1099-C, Is It Barred From Collecting The Debt Under Arizona Law?

The Arizona Court of Appeals, in the case of Amtrust Bank v. Fosset, recently addressed the question of whether a lender who has issued federal tax Form 1099-C indicating a debt was cancelled may thenn sue the borrowers on the obligation. This is an issue of significant importance in Arizona due to the economic conditions that have resulted in a flood of foreclosures, following which many borrowers will receive Form 1099-C.

As addressed in other posts, Arizona law precludes lenders from seeking to collect following foreclosures in many, but not every case. For those instances where a lender is not barred from collecting - such as in the foreclosure of vacant land - it is important to understand the legal effect of the bank's issuance of Form 1099-C. Of course, Form 1099-C is not just issued in the case of cancellation of mortgage debt, and the Amtrust Bank case itself involved collection of a deficiency after an automobile repossession.

Issuance of 1099-C Does Not Necessarily Mean That the Lender Has Cancelled the Debt

The Amtrust Bank Court's holding is summarized by the Court as follows:

We hold that while issuance of a Form 1099-C may be prima facie evidence of cancellation of a debt, the lender may rebut that evidence by showing that when it issued the form it did not intend to forgive the obligation.

In other words, issuance of Form 1099-C establishes that the lender forgave the debt, but the lender can produce evidence to show that was not its intent.

1099-C Must Be Issued Under Certain Circumstances

The bank in the Amtrust Bank case was able to successfully argue that the Plaintiff could not prevail as a matter of law because the federal regulations requires lenders to issue a Form 1099-C in certain circumstances regardless of whether the lender intends to cancel or forgive the debt. These circumstances include the occurrence of an "identifiable event." These are summarized by the I.R.S. in the Instructions for Form 1099-C.

Burden on Lender to Show Lack of Intent to Discharge

Although the Amtrust Bank Court declined to affirm the summary judgment in favor of the Plaintiff borrower, it did pronounce the principle that under Arizona law the "issuance of the Form 1099-C is prima facie evidence" of a lender's intent to discharge the debt. This means that the lender carries the burden of showing there was some other reason, such as being compelled by federal law, to issue the 1099-C.

If you'd like to read the entire Court of Appeals decision, you can download a copy at the following link:

 Amtrust Bank v Fossett

Free Legal Consultations - Worth What You Didn't Pay For?

This is a topic I've addressed before, but a recent article about an arizona lawyer sanctioned by the State Bar compels me to share a few thoughts on free consultations:

Wondering How Long A Foreclosure Takes?

If you are wondering how long a foreclosure takes in Arizona, you can get a little insight from our latest post on our Arizona Real Estate & Property Law site: How Long From No Payment to Foreclosure? This is also an issue discussed in our audio program Arizona Foreclosure 101.

Gilbert, Arizona Massage

Here's a non-law-related post for a friend of the law firm. Massage therapist Jennifer McBurney of Solace Therapeutic Massage, who has a studio in Gilbert just a couple miles from Harper Law, has a new website at www.gilbertarizonamassage.com. She's been a friend for several years and provides excellent, professional services. If you need a massage in Gilbert, Arizona, or anywhere nearby, give her a call and tell her Kevin sent you.

What Kind Of Cases Do We Take?

Harper Law started as a boutique litigation firm and maintains an active practice helping individuals and businesses resolve disputes through negotiation, mediation, arbitration, and litigation in the Arizona State and federal courts. Although a great deal of our practice focuses on real estate, business and employment litigation, we have experience handling a wide variety of civil matters. 

Stemming from our litigation background, Arizona attorney Kevin Harper and the other lawyers in our firm are also uniquely equipped to help you or your business negotiate and draft contracts to help avoid future disputes and ensure your interests are protected in the event such a dispute does arise.  Over the years we have developed additional areas of expertise and a network of excellent attorneys at other law firms if your problem is not one that we are prepared to handle.

Who Are Harper Law's Clients?

Harper Law's client list includes nationally recognized athletes and publishers, dozens of successful Arizona businesses, real estate and mortgage professionals, and hundreds of people just like you and businesses just like yours. If you've got a legal problem in Arizona, we can probably help. If you're not sure your case is a fit, or if you've got a unique legal issue, please call us to discuss your matter further.

A Brief History Of Our Arizona Law Firm

Harper Law PLC was established in 2003 by attorney Kevin Harper, who leveraged his background working with some of Arizona's premier mid-size firms, and one of the nation's largest mega-firms, to form an Arizona law firm dedicated to providing the quality of work provided by bigger firms combined with lower costs and individualized attention.

Harper Law's primary office was located in downtown Phoenix, Arizona until November, 2010, when we relocated to Gilbert, Arizona. To serve clients on the other side of the valley and in southern Arizona, Harper Law also has branch offices in North Phoenix and Tucson.