Monday, September 24, 2012


Comparative Fault Is Not Applicable To Breach Of Contract Claims  

The Arizona Court of Appeals recently held that comparative fault principles are not applicable to breach of contract claims and that the trial court erred in allocating fault on plaintiff’s damages resulting from the breach of contract claim.

Friday, September 21, 2012


Borrowers Granted Greater Protection
 
The Arizona Court of Appeals has recently issued three opinions interpreting Arizona’s anti-deficiency statutes to afford debtors greater protection.  In December 2011, the Court held that Arizona’s anti-deficiency statute applies to debtors that purchase an undeveloped lot intending to occupy the lot upon building a house even if they do not actually build and occupy the house.  In a separate opinion, the Court held that even if a borrower refinances a purchase money mortgage, the refinancing does not destroy the borrower’s anti-deficiency protection.  Most recently, the Court determined that Arizona’s anti-deficiency law prevents a deficiency judgment after foreclosure of a fractional interest in a vacation accommodation.