Harper Law Arizona

Arizona Homeowner Sued By Second Mortgage Lender After Foreclosure - Case Dismissed!

Harper Law recently represented a homeowner who lost her home to foreclosure in late 2008.  The lender on the homeowner's second mortgage filed a lawsuit to recover over $40,000 it alleged was owed on the second mortgage, which was a purchase money mortgage used to buy the house in 2006.

Our Arizona real estate lawyers filed a Motion to Dismiss the lender's lawsuit pursuant to A.R.S. § 33-729(A), which states:

If a mortgage is given to secure the payment of the balance of the purchase price, or to secure a loan to pay all or part of the purchase price…the lien of judgment in an action to foreclose such mortgage shall not extend to any other property of the judgment debtor, nor may general execution be issued against the judgment debtor to enforce such judgment, and if the proceeds of the mortgaged real property sold under special execution are insufficient to satisfy the judgment, the judgment may not otherwise be satisfied out of other property of the judgment debtor, notwithstanding any agreement to the contrary.

The legal effect of this statute is that a lender is barred from pursuing any action against a borrower if the mortgage secured by a deed of trust was obtained to purchase the home.  After receiving Harper Law's Motion to Dismiss in this case, the lender realized the futility of its action and immediately offered to dismiss the case and pay the client's attorneys' fees.

If you've been sued by a lender, please schedule a consultation with an Arizona real estate attorney to determine whether you might be protected by this or another applicable law.

(CB09)

Arizona Law Firm Quickly Resolves Personal Injury Claim

Even minor car accidents with minor injuries can be a big deal when you are the injured party.  Unfortunately, many law firms aren't interested in representing clients who they believe are not sufficiently injured to make it worth their time.  Of course, when you spend all your money on cheesy ads, you can't waste your time on "small" clients with "small" injuries - right? 

Not at Harper Law.

Although the economic realities facing every business are equally applicable to law firms, Harper Law makes a special effort, whenever possible, to provide economic representation to individuals and businesses with smaller claims.

Recently, our client was injured in a car accident resulting in a total loss of his vehicle, wage losses, physical injuries, and pain and suffering.  Fortunately, the injuries were minimal and treatment was effective.  Unfortunately, the driver's insurer viewed this as a reason to offer little compensation, and other Arizona personal injury lawyers didn't believe the claim was worth pursuing.

Harper Law prepared a demand seeking compensation for the full value of the vehicle and reasonable compensation for injuries, plus damages for the paid time off the client was forced to take for treatment.  Upon receipt of the claim and supporting documentation, the driver's insurer quickly agreed to settle the claim.

If you've been injured in a car accident, whether your financial losses and personal injuries are big or small, at Harper Law you'll find Arizona personal injury lawyers who care about you.

(RA08)

Arizona Employment Lawyers Help Successfully Resolve Retaliation Claim

Phoenix-based employment lawyer recently successfully represented an employee discharged from a major Phoenix-area health care provider.  The client claimed that his termination stemmed from retaliation due to concerns expressed by the employee about activities and policies that were unlawful and harmful to patients.

Among other things, Harper Law's client reported situations stemming from inadequate staffing, which resulted in FLSA and OSHA violations.  When the employee complained, he was fired. In order to avoid lengthy and expensive litigation, the parties agreed to mediate their claims, and the dispute was satisfactorily resolved after a full day of mediation.

(MS07)

Arizona Real Estate Lawyers Successfully Defend Breach Of Contract Claim

The law firm of Phoenix, Arizona real estate lawyer Kevin Harper was hired to defend a lawsuit brought by a spurned boyfriend, who claimed that his girlfriend had violated various terms of an oral agreement between the parties and stolen property belonging to him.

Among the claims was an allegation that he was entitled to an interest in certain real estate purchased by his girlfriend, notwithstanding the Statute of Frauds, which prohibits the enforcement of oral agreements related to real estate in many cases.  After filing a Motion to Dismiss on the girlfriend's behalf, the parties ultimately settled the dispute in exchange for payment of a fraction of the amount originally sought.

(KW06)

Phoenix Employment Lawyer Helps Resolve Overtime/Retaliation Claims

Phoenix employment lawyer Kevin Harper successfully represented a loan counselor with a major mortgage company in her claims for unpaid overtime and retaliation based on her complaints regarding the company's unlawful business practices.  The parties agreed to mediate the dispute and after a full day of mediation the employer agreed to pay an amount equal to almost two years of salary to resolve the claim.

Harper Law considers this to be a good, but fair, result.  Unfortunately, many employment claims are burdened by a lack of legal or factual support, and no result obtained in any other case should be considered indicative of an outcome in any other case.  To determine your rights and obligations with regard to your employment, you should consult with an Arizona employment attorney as soon as possible if you believe you have a claim.

(LL05)

Arizona Real Estate Lawyer Recovers Damages From Tenant

In February, 2004, Harper Law was hired by a Scottsdale real estate agent to recover damages from a former tenant who had vacated a home in Scottsdale that she rented from the agent. Although the landlord had made several demands for payment, the former tenant had ignored those requests.

Relying on the applicable provisions of the Arizona Residential Landlord Tenant Act, Harper Law prepared a demand letter detailing the legal bases for the claims and outlining the claimed damages. Payment for the total amount of claimed damages was received within the time period requested in the demand letter.

Although every case is different and no past results are necessarily indicative of future results, hiring an experienced Arizona landlord tenant lawyer can help resolve disputes quickly and get you the relief you deserve.

(JP04)