Articles by John L. Lohr, Jr.
Arizona Strengthens Property Owner Rights Against Squatters
As lawmakers continue their efforts to strengthen private property rights, Arizona has now enacted another significant measure aimed at protecting homeowners from a different threat: unauthorized occupants, commonly known as squatters.
Arizona’s New Law Targets Title & Deed Fraud
In recent years, artificial intelligence has become more accessible and more powerful. From drafting emails to generating business documents, AI tools can appear to offer a fast and inexpensive solution for complex tasks. It is no surprise that some individuals facing legal disputes are tempted to represent themselves and rely on artificial intelligence to prepare their briefs and court filings.
Hidden Risks of Relying on Artificial Intelligence in Court Filings
In recent years, artificial intelligence has become more accessible and more powerful. From drafting emails to generating business documents, AI tools can appear to offer a fast and inexpensive solution for complex tasks. It is no surprise that some individuals facing legal disputes are tempted to represent themselves and rely on artificial intelligence to prepare their briefs and court filings.
Not Feeling the Neighborly Love?
Have you ever had a nasty neighbor who polluted the air that you breathe or whose dog barked incessantly at all hours of the day and night? Did you call the police but they would not do anything about the annoying neighbor? Maybe the police issued a citation for a city ordinance violation but the problem persisted. If all else fails, there are civil causes of action available to potentially remedy the issue.
Protect Your Business With Trademark and Service Marks
Does your business name or logo have any value to you? Do you want to protect your business name from third parties using either the exact name or logo or a confusingly similar name or logo in their business? If so, you should consider registering your business name or logo as a trademark and/or service mark with either the United States Patent and Trademark Office (“USPTO”) and/or the Arizona Secretary of State to protect them.
Easement Rights
Recently, a client spent considerable time and money to improve the road on a property acquired through a tax lien foreclosure in Arizona. A neighbor then blocked his access to the property through an existing road, claiming that there was no access easement across his land. An easement is a right that is created to permit one person to use the land of another for a specific purpose not inconsistent with a general property in the owner. Fortunately, our client investigated the chain of title prior to making the road improvements and knew that they had an express easement across the land.
Beware of Unlicensed Contractors
When a person uses an unlicensed contractor as opposed to a licensed contractor, their options to resolve construction defects or the contractor’s breach are severely limited. However, multiple avenues of remedies are available to resolve the construction dispute with a licensed contractor and potentially to make the homeowner whole.
Can the Government or an HOA Restrict My Home as a Short-Term Rental?
Many people buy investment homes in Arizona wanting to utilize them as a long-term and even short-term vacation rental and offer them for rent through AIRBNB, Tripping.com, FlipkKey, HomeToGo and many other websites. However, before one buys a home to be utilized as a short-term vacation rental, one should investigate to see what restrictions may exist that could prevent them from utilizing the home as a vacation short-term rental.
Maintaining the Corporate Veil and Avoiding Personal Liability
Often owners of real estate park their holdings, especially commercial and investment real estate, in limited liability companies. One of the main reasons people form LLCs is to avoid personal liability for contracts and contractual debts related to their business.
Ways to Protect My Property From Going to Probate
Frequently, realtors contact me because they have a property under contract and are set to close escrow but one of the owners or the owner passed away. The realtor may be in panic mode as they do not want to lose the deal and they ask me what can be done.
Will You Still Be My Valentine – In Litigation?
Valentine’s Day is approaching and it’s easy to get caught up in the romance of a relationship. However, one of the most dangerous things an unmarried couple can do is buy a home together without any type of written agreement for its disposition if the relationship sours.
Increased Protection for Homesteads?
Your home is a valuable asset. You most likely invested a great deal of money into your home. For most people, their homes are in fact their biggest investments. But did you know that if you became in trouble financially and judgment creditors record a judgment that it operates as a lien on your home? Arizona does offer some protection in your home through what is called a homestead exemption.
Marijuana Laws and Gun Ownership
Many people celebrated the recent passing of the voter proposition that made recreational marijuana legal in Arizona. However, if you are a gun owner, you may want to hold off on taking that first drag. Federal law still prohibits gun ownership if you are a marijuana user.
COVID-19: Fresh Start Through Bankruptcy
In financial distress due to COVID-19? Fortunately, there is still hope and a chance for a fresh start through bankruptcy protection proceedings.
I Ain’t Afraid of No Ghosts
Not sure if you’ve heard but there is a new Ghostbusters movie coming out this summer. In the film, ghosts haunt a rural house. “Why don’t they just sell the house and move,” you may ask? Well, believe it or not, in Arizona they could and would not have to disclose the issue. Arizona has the stigmatized home protection law, A.R.S. Section 32-2156
New Legislation Impacts Tax Lien Certificates
Arizona recently introduced legislation that modifies the expiration of tax lien certificates. A.R.S. § 42-18127 now specifies that the original tax lien and all subsequent liens on a property have a 10-year statutory limit based on the date that the original lien was acquired.
College Student Leases: What You Need To Know
Some colleges require first year students to reside on campus or in a complex associated with the University. Be careful when signing those leases as they have many harsh provisions unlike the typical residential lease.
Tax Reforms: Impact on Real Estate Tax Deductions
Three changes to U.S. tax code resulting from the recent tax reform laws could impact your real estate tax deductions on your federal taxes.
Investing in Real Property Tax Liens
In Arizona, counties can place a lien on real property for unpaid property taxes and subsequently auction off the lien to investors in the form of a tax lien certificate. A separate tax lien certificate is issued and auctioned off for each year of unpaid taxes, which means there could be multiple investors on the same property. The tax lien is prior and superior even to a mortgage or deed of trust securing a loan on the property.
Copycats and Copyrights
“Don’t believe me just watch! Don’t believe me just watch!” lyrics to Bruno Mars’ wildly popular hit “Uptown Funk” song could not be any more appropriate for what he is going through right now. Recently, surviving members of an 80’s funk band, Collage, sued Bruno Mars for copyright infringement.
Maricopa County Property Taxes – 2017 Notice of Value
Attention Maricopa County property owners! Be on the lookout for the Maricopa County Assessor’s 2017 Notice of Value. Most were mailed on February 19, 2016. You have 60 days to file a direct appeal to the Assessor from the date the Notice of Value was mailed. In Maricopa County, April 19 is the deadline to appeal the Maricopa County Assessor’s assignment of property value to your home for 2017 directly to the Assessor.
Alternative Dispute Resolution (“ADR”)
Alternative dispute resolution (“ADR”). Those three words may sound great to people who have spent a lot of money in court litigation. But not all ADR proceedings are the same. Depending on the nature of the dispute, one particular method of ADR – arbitration may not be the best method to resolve a claim.
Limited Liability Company Laws
Recently, while representing a client in a lawsuit between members of a limited liability company (LLC), we realized there is potentially a gaping hole in Arizona law with respect to member relationships of a LLC.
Estate Planning: Avoiding a Court Battle
On March 5, 2013, my wife and I celebrated the birth of my third daughter, Harmonee Janice Lohr. My family has been blessed with the addition of this sweet beautiful angel in our lives.
Show me the note!
You may have heard stories on the news where a homeowner stopped a foreclosure by demanding that the bank produce the original promissory note after the loan was sold to a second bank. Some have referred to this as a “show me the note” tactic. Due to a recent decision by the Arizona Court of Appeals, this tactic may no longer viable in Arizona, for now.
Hidden Treasure in Liens
Many Arizonians have been searching for a way to rebuild their portfolios. Believe it or not, there is a potentially a very profitable investment tool that exists throughout Arizona that may help and even create a new fortune. This hidden secret is buying property tax lien certificates.
Appealing Property Value Could Save Big Bucks
County assessors throughout Arizona are mailing annual notices of property tax valuation to all property owners, and you should look at yours carefully to make sure the assessment is accurate. In my experience, having your property value reexamined could save you hundreds if not thousands of dollars a year.
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