Attempts to Salvage a Defective Deed of Trust Can Be Risky

The Arizona Court of Appeals this week upheld a trial court’s dismissal of a bank’s attempt to cure a defective deed of trust as untimely.  In Deutsche Bank National Trust Co. v. Pheasant Grove, LLC, the Court of Appeals held that the bank waited too long to correct a defective property description on a $1.2 million loan on a Scottsdale residence given in 2003.  When the homeowners subsequently defaulted on a second loan of $800,000, the home was sold at … Continued

Workers’ Compensation Carriers May Recover Nearly All Benefits Paid From Third-party Settlements

An Arizona Supreme Court decision may ease the burden of negligence on workers’ compensation carriers when third parties are involved – and possibly make settlements more difficult. In Twin City Fire Insurance Co. v Leija, the court limited the reach of its 1995 decision that allowed such carriers to assert a lien on third-party awards only to the extent that the compensation benefits paid exceeded the judge or jury’s determination of the employer’s share of the total damages. For example, … Continued