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Bankruptcy

: Arizona Bankruptcy Attorney Blog

Anti-Deficiency Statutes In Arizona; Do They Contribute to Strategic Defaults?

By Joseph McDaniel, Esq.

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The concept of the strategic default is kind of silly.

Every
economic action by an economically rational individual is "strategic" unless they've had too many Martinis. Which is part of the Las Vegas strategic approach to milking the wallets of people at the slots.

But it's also been suggested that anti-deficiency statutes "embolden" consumers to walk away from their houses.

Just so you know, I have a box of tissues on my desk. The most common reason the tissues get used is the realization that the debtor's house is history. Ordinary citizens aren't "emboldened" by statutes; they read statutes so they can make informed decisions.

Even Hammurabi understood that. Hence the Code of.

But here's a nice discussion of the anti-deficiency statutes in Arizona; they are a bit on the convoluted side, and as this article points out, no single strategy fits all, because of the convolutions.

And because the statutes are convoluted and funky, making decisions based on them is always a little more problematic than anybody would like.

I'll post the most recent versions of those statutes when I get a Round Tuit.

Full post as published by Arizona Bankruptcy Attorney Blog on June 27, 2010 (boomark / email).

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