Our law firm
has an immediate opening for an associate bankruptcy attorney with 2
to 5 years of experience. For more information, see our
LinkedIn job post.
Arizona Money Judgment Validity and
Renewal Deadline Extended from Five Years to Ten
On March 20,
2018, Arizona Governor Doug Ducey signed into law House Bill 2240,
which extends, from five years to 10 years, the validity of and
renewal deadline for a money judgment. The effective date of the new
law is August 3, 2018, after which the deadline to renew a judgment
will be ten years from the date of entry.
Our understanding is that the deadline
for expiration and renewal of money judgments included in
A.R.S. § 12-15511 is a statute of limitation, per
Jensen v. Beirne. If that is correct, then
A.R.S. §12-505(B) provides that, when a statute of limitation
(such as this one) is amended and an action was not otherwise barred
by pre-existing law, “the time fixed in an amendment of such law
shall govern the limitation of the action.”
The statute is
silent as to its effect on judgments entered before August 3, 2018.
We believe that other statutes and case law would apply the ten-year
limitations period to judgments entered before August 3, 2018, that
have not expired. If a judgment has expired, it cannot be renewed.
uncertainty and disagreement in the legal community as to the effect
of the new statute on judgments entered prior to August 3, 2018, and
we had hoped to have additional guidance from either the legislature
or the court before the application of this statute. We recommend
that, to err on the side of caution, all judgments entered prior to
August 3, 2018, be renewed at five years. As this statute is
interpreted further, that renewal period can be adjusted.
continue to monitor the application and analysis of this statute.
Please keep our firm in mind if you would like us to enforce or
renew any of your money judgments in Arizona.
Folks Hess Kass is certified as a
women-owned business by the
Enterprise National Council (WBENC).
Mortgage Deficiency Law
Larry Folks' updated
Arizona Mortgage Deficiency Law
article addresses Arizona's Mueller and Wildwood decisions and
provides a useful reference for attorneys
A "High Touch" Phoenix Law Firm for Banks,
Credit Unions and Mortgage Servicers
In protecting the Arizona legal
interests of banks, mortgage servicers and other financial institutions
— such as representative clients Fannie Mae and Freddie Mac
— the attorneys at Folks Hess Kass offer efficient, coordinated legal services
related to consumer and commercial foreclosure,
and mortgage deficiency litigation,
creditors’ rights litigation and other
Responsiveness, Integrity, and Commitment to Your
At Folks Hess Kass, those qualities are the
foundation for the highest level of legal service and excellent results.
Clients of Folks Hess Kass know that we are on their
side. We place a major emphasis on understanding what you hope to
accomplish in your legal matter and then tailoring a plan of action that
respects your objectives.
Folks Hess Kass is a diverse and seasoned team of
legal professionals who deliver a high level of legal services in a
responsive and compliance-focused manner for residential and commercial
foreclosure, bankruptcy, eviction, loss mitigation, collection, mortgage
deficiency and default litigation cases.
Our attorneys and support staff receive ongoing
training in the ever-changing legal landscape, servicer time-lines,
client confidentiality, consumer complaint reporting, and other client
reporting and compliance issues. We have the experience and
infrastructure to successfully meet the needs of high-volume clients
(for out-of-court non-judicial trustee’s foreclosure sales) and clients
needing “hands-on” complex representation by seasoned trial lawyers
known by name by Arizona judges.
We are well versed in required client electronic
reporting and billing by multiple portals and use advanced case
From our Phoenix offices, the attorneys at Folks Hess Kass
offer practical advice and well-conceived solutions in fulfilling these
commitments to our clients:
Commitment to Diversity. We are an Arizona woman-owned
and -managed default services law firm committed to training and the advancement
of women in the default services industry.
Responsiveness. You expect and deserve timely
communication and commitment to deadlines. You will enjoy the peace of mind that
comes with knowing the status of your matter at all times from a responsive,
Integrity. We represent clients in a skillful and
honest manner, and we are unyielding in our adherence to the highest levels of
Value. The true cost of legal services is a product of
many factors. At Folks Hess Kass, we strive for high value through timely
communication, loyalty to our clients, effective management of the legal
process, a fee structure that reflects the quality and importance of our work,
and tenaciously pursuing favorable outcomes.
Efficiency. The size of our law firm and the experience
of our attorneys allows us to efficiently respond to your needs, free of the
redundancy and duplication of effort that are inseparable from larger firms with
varying degrees of experience.