What is a Constructive Trust?
February 11, 2019A constructive trust differs from a typical estate trust, where a person establishes a trust to hold assets for themselves or other beneficiaries. Instead, a constructive trust is created by the court as an equitable remedy in circumstances when the legal title to property has been obtained through fraud or other w…
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What is the Doctrine of Promissory Estoppel?
February 8, 2019Be careful what you promise, because your promise could be legally binding. That, in a nutshell, is the legal principle known as promissory estoppel. While consideration is an important element of an enforceable contract, the doctrine of promissory estoppel is an exception to this rule because the promise is legall…
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Creditor’s Rights in Arizona: About Replevin
February 6, 2019In Arizona, a secured creditor has two primary avenues for curing default on a loan agreement: repossession or replevin. Secured creditors generally pursue a writ of replevin in the courts if they are unable to repossess the property without disturbing the peace. Replevin actions are civil and involve the return of…
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