If a tenant failed to pay rent or is being evicted for another reason, Arizona Revised Statutes §§ 12-1171 – 12-1183 only permit the judge to consider who has the right to possession of the property and prohibits the judge from considering a tenant’s hardship. This specific situation is detailed in Tucson Lot 4, LLC…

Back in 2014, the CFPB said that improper Marketing Service Agreements (MSAs) between real estate agents and mortgage lenders undermined consumer protections from kickbacks because they both increase costs to consumers. The CFPB has gone as far as stating that a MSA itself is a thing of value that can be evidence of a violation…

The Consumer Finance Protection Bureau has made it clear that even individual loan officers are not immune from enforcement actions. Earlier last year, the CFPB entered Consent Order against a former loan officer, David Eghbali. Eghbali worked at separate times for Wells Fargo and Bank of America. The CFPB fined Eghbali $85,000 and banned him…

Yes, in an opinion provided by the Arizona Attorney General’s Office, interpreting Arizona Revised Statute § 32-2101(48), a company or individual must be licensed if it engages in real estate activity for another and for compensation. Compensation is broadly construed to be any fee, commission, salary, money or other valuable consideration for services rendered or…

How does Prop 206 impact Arizona businesses? Arizona voters recently passed Proposition 206, changing the law related to mandatory sick time and minimum wage. First, under the new rules, starting July 1, 2017, most employees of Arizona businesses shall: 1) Accrue a minimum of one hour of paid sick time for every 30 hours worked…

The HUD Office of Inspector General (OIG) released OIG Audit Report 2015-LA-1005 on June 9, 2016, that states loans that included down payment assistance programs from state housing agencies did not comply with HUD regulations. Specifically, the HUD OIG’s audit found a private lender’s participation in single-family housing programs conducted by a state agency was…

A complaint to the R.O.C. is protected by a conditional privilege from a claim of defamation, but that privilege may be forfeited if the complaining party is found to have abused that privilege.  Specifically, once a claim has been made against the speaker and an immunity defense has been raised, defining the scope of a speaker’s…

As many mortgage lenders know, there has been an increase in lender repurchase demands and related litigation recently.  This is likely because the statute of limitations is expiring for many of the loans that were originated or that defaulted during the housing meltdown, and because many of the large investigations into wrongdoing have been resolved…

The U.S. Department of Housing and Urban Development (HUD) provided new guidance for landlords in April of 2016.  This guidance stated, among other things, that a blanket policies of refusing to rent because of an individual’s prior criminal conviction violates the Fair Housing Act (FHA) were improper. “Right now, many housing providers use the fact of…

Arizona Amends Consumer Lender Act A Consumer Lender License is required in Arizona for any person that advertises to make or procure, solicits, or holds themselves out as willing to make or procure or makes or procures a loan of $10,000 or less or a revolving loan of not more than $10,000.  Licensing and regulation…

logo-footer