Cautions About The Effects Of New Arizona Foreclosure Laws
Many people today are trying to pick up Arizona foreclosure property while prices are still at an all-time low. It makes sense investing in the future, but one needs to proceed cautiously as laws passed within the past couple of years have done nothing, but muddy the waters of an already complicated process. With the passage of the July 2009 Senate Bill 1721 and the revision passed in Section 33-814 the following September, not only are those losing homes in peril, but so are lenders and new buyers.
The original law contained many loopholes and failed to protect lenders. As a result, the revision sought to correct this deficit, but the result was a set of mandates that failed to clarify much of anything, but left many more questions. In order to try to protect the interests of lenders, the revision allowed liens to be placed on foreclosed properties in an attempt to ensure payment on the original loan, but the result was that those purchasing these structures faced years of struggle without the option of reselling in order to move on.
The original law had good intent in that it was designed to make it harder to foreclose on properties. However, a reinterpretation, as well as a few loopholes, allowed lenders to file what’s called a deficiency judgment in order to collect the difference between what they could collect on the sale and the amount that was owed. In essence, walking away from a property no longer negates the debt plus leaves new owners in a bind as even if they tried to resell, the lien would have to be paid off first, often for more than they could ever get.
A concern has also arisen about residency. If a person is hospitalized and needs to go to a rehabilitation center afterward, or even if they go on vacation for 30 days or more and fail to make a payment while absent, the lender has the right to foreclose on the property. It is up to the owner to prove that the residence was not vacant for that length of time. Imagine getting back from that a fabulous vacation or devastating hospitalization to find all your property gone and your house sold. And, imagine the ordeal then to be faced by the new owners who bought the property in good faith.
Laws are written by the legislature, voted on by the people, and then enacted. However, it is through the court system that they are interpreted and it this interpretation that clarifies murky issues. Until questionable components associated with this law are clearer, however, everyone is taking precautions including lenders who are becoming more reluctant to write loans for those wishing to buy these low-cost homes.
Many fear the results of a repeal of the law, if it is deemed unconstitutional, since it may leave them in a far worse situation than they are currently in. New buyers may find they are in the worse position of all having bought a home that includes a lien for more than the value of the property and finding they may have to return it to the former owners in the end anyway without compensation. One example of how complex this can be is that it is unclear whether the lien placed on the property is indefinite or how it might affect a resale.
Unfortunately, courts are now being inundated with lawsuits and injunctions which are filed by lenders within 90 days of the sale of the property. They hope to eventually collect on the full value of the loan but, in the meantime, those who already couldn’t pay their mortgage payment are now faced with the cost of mounting a strong defense which could result in litigation lasting for years and costing thousands of dollars. For those who purchased one of these properties, they may find themselves in much the same position especially as those fighting the system and the law find new ways of reinterpreting it.
For those considering the purchase of foreclosed property, there are many legal questions that should be asked especially with the new Arizona foreclosure laws. As with any transaction of this magnitude, it is always best to work only through qualified real estate agents as well as with estate attorneys or other legal expert who can navigate the muddy waters of this complex legal mandate.
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