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Arizona Real Estate Law - insight Arizona's Anti-Deficiency Statutes
State Landlord Tenant Law - Arizona Real Estate Law - insight Arizona's Anti-Deficiency Statutes
Hi friends. Today, I learned about State Landlord Tenant Law - Arizona Real Estate Law - insight Arizona's Anti-Deficiency Statutes. Which is very helpful for me and you. Arizona Real Estate Law - insight Arizona's Anti-Deficiency StatutesIn Arizona, absent some agreement, rule or statute to the contrary, a lender can generally seek a insufficiency judgment after foreclosing on a property securing a loan, if the property does not sell for adequate money to satisfy the debt in full. Fortunately for most typical Arizona homeowners, the Arizona legislature has adopted anti-deficiency statutes that forestall such recourse in many typical fact scenarios. In addition, the parties to a real estate covenant may expressly agree that the lender's only recourse is foreclosure on the property itself.
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In the event of non-recourse loans, the non-recourse provision should be included in the mortgage or deed of trust. In most cases, the lender according to a non-recourse loan will also want assurances in the loan documents that the borrower will not commit acts of waste.
In the absence of express agreement, Arizona law provides protection for borrowers against potential liability stemming from the sale of a property at less than shop value in a foreclosure sale. The borrower, however, must act fast to safe his or her rights. If the property sells for less than the number owed to the lender, the borrower is entitled to ask a court to decide the property's fair shop value. In the event the court agrees that the far shop value is higher than the sales price the buyer gets reputation for the higher amount. This not only protects the borrower from an unfairly low price, but encourages lenders to make a reputation bid for an number near fair shop value.
There is an even more convenient statute protecting borrowers against insufficiency judgments spicy particular or dual-family dwellings on 2 1/2 acres or less where the loan is "purchase money," meaning it was used to pay the buy price of the property. Typically, loans used to refinance buy money loans are also determined buy money loans, although the use of some of the proceeds to pay other debts, derive cash out, or for other uses may expose the borrower to recourse liability.
Significantly, even if the loan is not a buy money loan, the lender's election to utilize non-judicial foreclosure on the deed of trust renders it non-recourse by operation of law. The lender may, however, instead seek judicial foreclosure, which is more costly and time-consuming, but preserves the ability of the lender to derive a insufficiency judgment. This anti-deficiency statute also allows a lender to seek a insufficiency judgment against the borrower in the event of waste.
Because interpretation of the Arizona anti-deficiency statutes and associated real estate laws can be very complicated, borrowers and lenders are advised to seek the assistance of an experienced real estate attorney with any questions or concerns they may have.
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Landlord Rights - No prestige Check Apartments - Tips On How To Rent An Apartment When Your prestige Is Not The Best
Hi friends. Yesterday, I found out about Landlord Rights - No prestige Check Apartments - Tips On How To Rent An Apartment When Your prestige Is Not The Best. Which is very helpful for me and you. No prestige Check Apartments - Tips On How To Rent An Apartment When Your prestige Is Not The BestNo reputation check apartments seem like a dream to some habitancy who have spent days on end searching for a place to rent, only to be turned down once the landlord checks out their reputation rating. It's easy to get discouraged when seeing for an apartment when this keeps happening to you, but take heart. There are ways to rent an apartment without having your reputation be the only determining factor in the landlord or owner's decision.
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There Is A Way
When you even think you might be interested in moving, get a copy of your reputation description so you can see exactly what you are up against. If you spot any errors, take the steps needed to have them erased from your file, if possible. Once you have cleaned up your reputation description as best you can, it is a good idea to prepare an open letter explaining the circumstances that caused you to have poor credit. This can be given to any of your possible landlords when you began to seriously hunt for a new place to live.
Landlords and leasing agents are people, too. You will positively be able to find several who can understand how you might have had a difficult duration in life which negatively affected your credit. Most of them will be impressed with you because you took the time to try to patch up your reputation and build a plan of activity before seeing for an apartment. Your letter of explanation will be well received, too.
Basically, a landlord or property owner is interested in whether or not you are going to be able to pay the rent each month. They would also prefer that you did not own a 150 pound dog and throw loud parties every weekend, but let's face it... They are in the rental business for the money they can make. It's a good idea to have ready any sort of proof of your wage you can come up with, as evidence that you will have no trouble paying the rent on time.
You can also get a letter of recommendation from your present landlord stating that your rent was all the time paid on time and in full each month to additional plead your case. It wouldn't hurt if your landlord or property employer also mentioned that you took good care of his property while you were renting from him.
If all else fails, you can usually make points with the landlord if you offer to pay a few month's rent in advance. Also, make sure you are dressed appropriately when you go to look at the apartment. If you look neat and sincere, chances are you will walk out with the lease to your new apartment in hand. There positively is such a thing as no reputation check apartments, and one can be yours if you take the time to plan your approach so that you appear in a suitable light.
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State Landlord Tenant Law - Women's Right to asset in India
Good evening. Yesterday, I learned all about State Landlord Tenant Law - Women's Right to asset in India. Which is very helpful for me therefore you. Women's Right to asset in IndiaSeveral legal reforms have taken place since independence in India, including on equal share of daughters to property. Yet equal status remains illusive .Establishment of laws and bringing practices in conformity thereto is necessarily a long drawn out process. The government, the legislature, the judiciary, the media and civil community has to accomplish their roles, each in their own areas of competence and in a concerted manner for the process to be quick and effective.
To quote Justice Sujata V. Manohar of supreme Court of India
State Landlord Tenant Law
"...It is not easy to eradicate deep seated cultural values or to alter traditions that perpetuate discrimination. It is fashionable to denigrate the role of law reform in bringing about social change. Obviously law, by itself, may not be enough. Law is only an instrument. It must be effectively used. And this productive use depends as much on a supportive judiciary as on the social will to change. An active social reform movement, if accompanied by legal reform, properly enforced, can transform society."
Historical perspective
An productive social reform movement does need the help of law and a sympathetic judiciary to accomplish its objectives. Women empowerment, equal rights to both men and women, equal share of property, etc., are some of the issues which we discuss everyday, in life, newspaper and on television. But the reality which bites is that these issues are still "unresolved". Not much has certainly been done to create equality between the male and female gender. The male still dominates society.
If it's a matter of property, then legally male dominate the society. There are numerous laws that say that there should be no discrimination between the sexes, but in reality none are productive adequate to certainly bring about a revolution; a convert in society.
According to the Indian Succession Act, 1925, every person is entitled to equal inheritance, except Hindus, Sikhs, Jains, Buddhists and Muslims. Under this act, the daughter of a someone dying intestate would be entitled only to one-fourth of the son's share, or Rs. 5,000/- (Sthree Dhan), whichever is lesser. The Travancore High Court, however, held that the Indian Succession Act would have no application to the Christian women of the Travancore State in view of the Travancore Christian Succession Act, 1916. Under the State Act, the daughter of a someone dying intestate would be entitled only to one-fourth of the son's share or Rs. 5,000/- (Sthree Dhana) whichever is lesser. The application of the State Act was challenged in the supreme Court in the renowned Mary Roy's Case (Mary Roy Vs. State of Kerala, Air 1986 Sc 1011; 1986(2) Scc 209). The Court ruled that the Cochin and Travancore Christian Succession Acts had ceased to be operative on the Reorganization of States and that automatically made the Indian Succession Act applicable to all Kerala Christians bestowing on them equal inheritance rights.
The Hindu Enactment Act, 1956, established that women have equal inheritance rights, as men; and it abolished life estate of female heirs. However, this law could not do the needful as there was another law, the Mitakshara coparcenaries (Hindu Law) that overruled the old law.
According to Mitakshara coparcenaries, in a joint family, a daughter gets a much smaller share of property compared to the son. While the father's property is shared equally between brother and sister; the brother, in addition, is entitled to a share in the coparcenaries from which the sister is excluded .For example, if the house owns a dwelling house, then the daughter's right is confined only to the right of abode and not rights or ownership.
Recommendations of Women Committees/Commissions on Status of Women in India
In 1975 a committee on the status of women was constituted by the Government of India, to rate the current legal provisions in regards to women , so that that a women is not left fully destitute.
Some leading recommendations which were made by this committee were that legislative measures should be taken to bring Christian women of Kerala under the Indian Succession Act. The Indian Succession Act should be extended to Goa and Pondicherry respectively to undo the relegation of widows to fourth position in matters of succession and to undo the inferior position to which Christian women are relegated by not being carefully as full owners of property. In regards to succession to property among Hindus, the right by birth should be abolished and the Mitakshara co-parcenary should be converted into Dayabhaga (the holding of Mitakshara co-parcenary perpetuates inequality between sons and daughters as only males can be co-parceners, and inheritance is only straight through the male line). The exception provided in Section 4 (2) of the Hindu Succession Act relating to devolution of tenancies should be abolished (this provision, as it stands now excludes devolution of tenancy rights under discrete State Laws from the scope of the Act).
The discrimination between married and unmarried daughters with regard to right of inheritance of dwelling houses caused under Section 23 of the Hindu Succession Act should be removed.
The right of testation should be microscopic under the Hindu Succession Act, such that female heirs are not deprived of their inheritance rights. There is need for legislation in Muslim Law to give equal share of property to the widow and daughter along with sons as done in Turkey.
In hymeneal property, legal recognition should be given to the economic value of the contribution made by the wife straight through household work for purposes of determining rights of hymeneal property, instead of continuing the archaic test of actual financial contribution; On disunion or separation, the wife should be entitled to at least one-third of the assets acquired at the time of and while the marriage.
The National Commission for Women had also recommended obvious amendments in laws connected to women and property. Under Indian Succession Act, 1925 it recommend that Sections 15 and 16 of the Act, should be amended, removing mandatory linkage of wife's domicile with that of the husband. Further, it recommended that appointment of testamentary guardian may be the right of both the parents acting concurrently. Widows should be granted letter of supervision to deal with the Estate of the deceased husband unless excluded by the Court for adequate reasons (Section 219 (a)).and application made by the widow to be disposed of within a year (Section 218 (2).In Hindu Succession Act, 1956 It recommend that equal distribution should be made of not only separate or self acquired properties of the diseased male, but also of undivided interests in co-parcenary property. Daughter of a co-parcener in a Hindu joint house governed by Mitakshara Law to be co-parcener by birth in her own right in the same manner as her son; she should have right of claim by survivorship and to have same liabilities and disabilities as a son ;further co-parcenary property to be divided and allotted in equal share.
The right of any heir to claim partition of a dwelling house to arise only after village of widowed mother's rights is disposed with in case the deceased male is intestate.
A qualified dent in this situation was made by the Hindu Succession [Andhra Pradesh] Amendment Act, 1985, which initiated a qualified development. This law stated that, in any circumstances, the rights of the daughter are equal to that of the son. This new law found the Mitakshara law in violation of the basal right of equality bestowed upon women in Indian Constitution. Following Andhra Pradesh, the States of Tamil Nadu, Maharashtra and Kerala subsequently also amended their laws by including women as members of the coparcenaries.
The Rajya Sabha on August 16, 2005, passed the Hindu Succession (Amendment) Bill, 2004, (Hindu Succession (Amendment) Act, 2005,) which is now a law, giving daughters and sons equal rights to property. According to this law, any woman, irrespective of the marital status, has full right to inherit ancestral property just like a son of the family. This law has fully abolished the Hindu Succession Act 1956 by giving equal rights to daughters in the 'Hindu Mitakshara Coparcenary property', as sons have. If however, any of the parents have built some property and have made a will of their own, this law would be ineffective.
Myth
Earlier, the law use to put the male heirs on a higher footing by providing that they shall inherit an additional independent share in co-parcenary property over and above what they inherit equally with female heirs; the very understanding of co-parcenary was that of "an exclusive male membership club" .Now this understanding has` been abolished . But surprisingly, even today, even after the new law, co-parcenary remains a primary entitlement of males; no doubt law provides for equal branch of share between all heirs, male and female on the death of a male co-parcener, but in practice the scene is totally different .Legally, Intestate self acquired property devolves equally between male and female heirs; but , even toady female heirs are asked to relinquish their share by development seclusion deeds on their signature and are ordinarily submitted in courts. If the intestate property includes a dwelling house, the female heirs have no right to partition until the male heirs select to divide their respective shares. If a Hindu female dies intestate, her property devolves first to husband's heirs, then to husband's father's heirs and ultimately only to mother's heirs; thus the intestate Hindu female property is kept within the husband's lien.
Conclusion
To certainly accomplish equal inheritance for all, the laws have been amended. In regard to succession to property among Hindus, the right by birth has been abolished and the Mitakshara School co-parcenary of Hindu Law has been converted into Dayabhaga School that means equal distribution of not only separate or self acquired properties of the diseased male, but also of undivided interests in coparcenary property. Daughter of a coparcener in a Hindu joint house governed by Mitakshara Law now is coparcener by birth in her own right in the same manner as a son; she has right of claim by survivorship and has same liabilities and disabilities as a son; now co-parcenary property to be divided and allotted in equal share. The theoretical reforms so far have not been adequate to give all Indian women a right to property on the same footing and terms as men. It varies with region and religion. Even where law has given a right, conventions and practices do not recognize them. Women themselves relinquish their rights. Women, as daughters, wives, daughters-in-law, mothers or sisters tend to lose out and often suffer deprivation. This additional gets accentuated when they lose the security of the family, as particular women, divorced/separated or widowed. social awareness of the rights under law, attitudes to bond to it and a mindset to convert law and practice to ensure social justice is therefore urgent.
Therefore a social reform movement is needful for such awareness and convert of mindset. Since 'marriage' is the most primary practice of initiating a house and preserving it, let registration of marriages be made compulsory It is recommend that to accomplish more power for women we must increase awareness of laws straight through schooling institutions, general awareness and legal awareness programmes; sensitize Judiciary, administrators and legislators about implementation of laws in letter and spirit; think long pending recommendations for amendments of legal provisions on inheritance and improve the menagerial machinery for the purpose.
Confessions of a Slum Lord, Ontario Housing Tribunal Part 1
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Landlord Tenant Act - The importance of Fair Housing and Why You Have Take It Seriously
Good afternoon. Now, I found out about Landlord Tenant Act - The importance of Fair Housing and Why You Have Take It Seriously. Which is very helpful if you ask me so you. The importance of Fair Housing and Why You Have Take It SeriouslyThis is not the first time we've heard of the word "discrimination." While this daunting offense is often overlooked, it could pose some very serious legal issues at definite instances. Perhaps one of these instances is when you're a rental asset owner.
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As a responsible landlord/property manager, you have to be in yielding with the Fair Housing Act. And one of the most common offenses committed against this guideline is discrimination. You have to treat all habitancy curious of your asset fairly, and recognize them accordingly with viable reasons. You have to accommodate them fairly regardless of nationality, origin or color. Also, don't discriminate families with children. Incidents like this are rather common and there are laws protecting these kinds of tenants. Moreover, the asset information that you have to give out is something that has to be thorough and cannot vary from someone to person. It would be a good move to attach housing guidelines and standards, as well as the terms and conditions along with the rental application.
It's also part of being responsible to construe your terms carefully, and their corresponding restrictions. For example, state how many habitancy are allowed live in a unit, as proportionate to the estimate of habitancy the asset can for real accommodate. This is in fulfillment with some occupancy codes so you shouldn't be awkward to push this.
It is also practical to have the rental application forms reviewed by a lawyer before handing them over to curious tenants. This might sound a bit of hassle but it will be on your side as legal proof in case of disputes, or grounds to call the attention of your tenant in case they are causing unpleasant sensations nearby the neighborhood. Moreover, they are the basis of either you're going to accept a tenant or not. Your belief is not a fact, and should you reject an applicant based on your personal belief alone, you'll be branch to trial in court.
In the event of first phone call, furnish a allinclusive overview of the basic information of the asset such as amenities, location, rent, size, and beyond if inherent to give lessees an all-out satisfaction.
While occupancy standards may vary from country to country or state to state, one rule will always be universal -common sense. You can't fit in 5 habitancy in a small bed room. Why? Go figure.
I hope you receive new knowledge about Landlord Tenant Act. Where you may offer easy use in your everyday life. And above all, your reaction is passed about Landlord Tenant Act.
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