Adam D. Martinez | Chairman of Real Estate Litigation Department Question: My partner and I have several real estate investments in Arizona. One of those investments is a 16-unit apartment complex. My partner and I own it in equal shares as tenants-in-common (his choice). We each contributed an equal amount of cash to purchase the property and we each divide …
Why a trust doesn’t always avoid probate for real estate
Adam D. Martinez | Chairman of Real Estate Litigation Department Question: My parents owned a few investment properties before they passed away. They created a trust so that I would not have to go through probate. They even gave me a copy of the trust which states that the investment properties are part of the trust. However, I just signed …
Real Estate Q&A: Should we add our daughter to home titles to avoid probate?
Adam D. Martinez | Chairman of Real Estate Litigation Department Question: My husband and I own a home in North Scottsdale. We also own a condo in Ahwatukee that we currently rent. Our wills state that if both my husband and I pass away, our homes go to our daughter. However, we understand that a will does not avoid probate. …
Arizona attorney general’s office files motion to dismiss 1,700 ADA lawsuits; Adam Martinez, chairman of Rose Law Group Real Estate Litigation Department, says dismissal would be welcomed by business owners
By Steven Totten | Phoenix Business Journal The office of Arizona Attorney General Mark Brnovich has filed a motion to dismiss the more than 1,000 lawsuits filed by the nonprofit group Advocates for Individuals with Disabilities in regards to the Americans with Disabilities Act. AID has filed 1,700-plus “copy-and-paste” lawsuits to dozens of Valley businesses for not being compliant with …
Real Estate Q&A: Homeowner does not have to remove encroaching wall
By Adam D. Martinez, Esq. Chair of Rose Law Group Real Estate Litigation Question: We own a home at the base of Mummy Mountain in Paradise Valley, Arizona. We purchased it from my parents 3 years ago. Prior to us, my parents owned the home for 9 years. Recently, my new neighbor told me that a short stone wall dividing …
Congress hears appeals to fix dysfunctional appraisal system; Adam Martinez, Chairman of Rose Law Group real estate litigation department provides insight
By Jann Swanson | Mortgage News Daily The House Financial Services Subcommittee on Housing and Insurance recently held a hearing on “Modernizing Appraisals: A Regulatory Review and the Future of the Industry.” According to the committee memorandum, the hearing was called to “Examine the appraisal industry since the creation of the Appraisal Subcommittee in 1989, review the Dodd-Frank Act’s impact …
Adam Martinez, Chairman of Rose Law Group Real Estate Litigation Department, explains Arizona Court of Appeals HOA director decision
By Adam Martinez | Chairman of Rose Law Group Real Estate Litigation Department The Arizona Court of Appeals on Wednesday reversed a trial court’s decision that permitted an HOA to exclude a rogue board director from executive board meetings. After the rogue director received an email from a former employee that accused a current employee of misconduct, the board met in an …
Advocates divided on Flake bill to ease ADA lawsuits; issue is about abuse of the judicial system, says Adam Martinez, Chairman of Rose Law Group’s Real Estate Litigation Department, who handles many ADA defense suits
By Jim Walsh | East Valley Tribune The owner of a struggling east Mesa strip mall wishes he had the second chance to correct a technical Americans with Disabilities Act violation, as envisioned in a bill filed by Sen. Jeff Flake, R-Ariz. Flake’s bill includes a “notice and cure provision,” which would have given Keith, 51, or any other business …
Adam Martinez, Chairman of Rose Law Group real estate litigation department provides insight into Arizona Court of Appeals broker liability for a wrongful death lawsuit
Arizona Real Estate Brokerage Not Liable for Agent Car Accident By Adam Martinez Chair of Rose Law Group Real Estate Litigation Department Today, the Arizona Court of Appeals handed down a decision upholding a trial court’s dismissal of a wrongful death lawsuit against an Arizona brokerage (Santorii v. RE/Max Professionals, 1 CA-CV 15-0211). The lawsuit was filed against the brokerage …
Valley businesses question nonprofit’s ADA lawsuit ‘scheme,’ lawsuits will continue, says Adam Martinez, Chair of Rose Law Group real estate litigation department who is handling many ADA defense suits
By Steven Totten | Phoenix Business Journal The recent controversy surrounding Valley businesses, a recently formed nonprofit and a number of lawsuits is seeing no signs of slowing. Several businesses in metro Phoenix — including mom-and-pop shops, Paradise Valley Mall and CVS Pharmacy — have found lawsuit notices in their mailboxes from Advocates for Individuals with Disabilities, a recently formed …
