By Adam D. Martinez | Chairman of Rose Law Group Real Estate Litigation Department Banks and investors should review their legal documents and procedures when canceling trustee sales after the Arizona Court of Appeals issued a ruling this week regarding Arizona’s statute of limitations on secured financing. In Miller Designs v. US Bank, et al., 1 CA-CV 16-0723 (2/13/2018), a …
Adam D. Martinez | Chairman of Real Estate Litigation Department Question: I own a property in Marana, Arizona, which includes a small airplane hangar, and an easement for “existing roads,” one of which I have used for many years as a private airstrip for taking off and landing small aircraft. The easement passes through my neighbor’s property on both sides. Recently, …
Adam D. Martinez | Chairman of Real Estate Litigation Department Question: My company owns and operates a medical marijuana dispensary in Maricopa County. Prior to applying for a license to operate as s medical marijuana dispensary, we entered a commercial lease. At the time our landlord knew what our business was and we had a very good relationship. After we …
Adam D. Martinez | Chairman of Real Estate Litigation Department Question: I am in the process of purchasing a vacation home in Scottsdale, Arizona. When I am not personally using it, I plan to offer it as a short-term vacation rental. I just received the CC&Rs from the title company and one provision causes me concern. It says that the …
Adam Martinez, chairman of real estate litigation for the Rose Law Group, comments By Ryan Randazzo and Jerod MacDonald-Evoy | The Republic Tempe taxpayers may have to pay $356,000 for damage to the Historical Society Museum caused by a homeless campfire that ignited in Papago Park last year. The state, which owns the museum, filed a claim against the city …
Adam D. Martinez, Esq. | Chairman of Real Estate Litigation Department Question: I am a developer and recently purchased four lots in a Phoenix neighborhood. Each lot is one acre. The original owner of the lots also owned a fifth adjacent lot that is currently owned by an individual who has lived in a home on her lot for decades. …
Adam D. Martinez, Esq. | Chairman of Real Estate Litigation Department Question: I am a Canadian resident and own several real estate investments in Arizona. One of my investments is a large home in Ahwatukee located at the base of the South Mountain. It is a beautiful home, but it is was built many years ago in an older area, …
Adam D. Martinez, Esq. | Chairman of Real Estate Litigation Department Question: I am a commercial broker. Several years ago I helped a company purchase two commercial condos. The company occupies one suite, and I found a tenant for the second-floor suite. The rent due under the lease is based on a calculation of square feet. The owner of the …
By Adam D. Martinez, Esq. | Chairman of Real Estate Litigation Department Question: My company builds custom homes throughout the Valley and is finishing the construction of a custom home on a lot in the Fountain Hills area. The lot is subject to Conditions Covenants and Restrictions (CC&Rs) which required us to obtain approval from the association. Recently, we went back to …
By Adam D. Martinez, Esq. Question: We purchased a home in Arcadia on a large lot a few years ago with the intention of building a large addition with floor to ceiling accordion glass doors that open to an entertaining patio. In getting our property surveyed, we learned our neighbor is encroaching on to our property by as much as …
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