Yesterday was a good day for homeowners in Arizona, yet in a very quiet way. Often in the law, it is the seemingly bone-dry incremental progress that can change the whole chess game. I think most lawyers have expended some effort trying to explain their exuberance over a seemingly tiny development to audiences including our own clients who are distinctively, “meh?” about it. These kind of “victories” don’t lend themselves to splashy headlines, but they are the steady workhorses of our system of law. One great appellate decision can wipe out hundreds of wrongly decided trial court decisions in a single bound.
We discussed a couple of important decisions by the Arizona Court of Appeals last year, the Stauffer case (deigning to read the unambiguous language of the Arizona statute prohibiting the recording of documents against real property that are false, groundless, forged, contain material misstatements, or are otherwise invalid…
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