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| BIOGRAPHY |
| 2001 to Present |
Attorney & Founding Member |
| Berens, Kozub, Lord & Kloberdanz PLC,
Scottsdale, Arizona |
- Assist clients with real estate transaction needs,
including negotiation and documentation of real
property sales, acquisitions, land swaps, financing,
development and zoning issues.
- Represent and advise clients in real estate fraud,
title and easement disputes, quiet tile actions
and construction matters.
- Represent and advise clients with construction
issues, negotiation of workout and forbearance agreements,
trustee’s sales and promissory note purchases.
- Advise clients on business entity selection and
formation.
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| 1996 to 2001 |
Attorney |
| Stoops & Kloberdanz, P.L.C., Phoenix,
Arizona |
- Assist clients with real estate transaction needs,
including negotiation and documentation of real
property sales, acquisitions, land swaps, financing,
development and zoning issues.
- Represent and advise clients in real estate fraud,
title and easement disputes, quiet tile actions
and construction matters.
- Represent and advise clients with construction
issues, negotiation of workout and forbearance agreements,
trustee’s sales and promissory note purchases.
- Advise clients on business entity selection and
formation.
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| 1994 to 1996 |
Attorney |
| Parilla, Militzok & Shedden, L.L.P.,
Irvine, California |
- Represented and advised clients in lender liability,
securities fraud, construction defect, and commercial
loan matters.
- Represented and advised landowners in state and
federal court litigation involving hazardous waste
clean-up and underground storage tank matters.
- Represented and advised institutional creditors
in United States Bankruptcy Court proceedings.
- Assisted clients with real estate transaction
needs, including documentation of real property
sales, acquisitions and financing.
- Represented and advised lending institutions with
loan documentation, construction issues, negotiation
of workout and forbearance agreements, trustee’s
sales and judicial foreclosures.
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| 1992 to 1994 |
Attorney |
| Tuverson & Hillyard, P.C., Newport
Beach, California |
- Represented homebuilders and developers in environmental,
construction, and bankruptcy disputes.
- Participated in the defense of over 130 silicone
gel breast implant suits.
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| EDUCATION |
| May 1992 |
Juris Doctor |
| Arizona State University College of Law,
Tempe, Arizona |
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| May 1989 |
Bachelor of Arts |
Arizona State University, Tempe, Arizona
Major in Political Science, concurrent emphasis in Chemistry |
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| May 1984 |
Brophy College Preparatory, Phoenix,
Arizona |
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| ACCOMPLISHMENTS |
- Achieved A-V Rated status by Martindale Hubbel.
- Developing client base of homebuilders and real
estate developers.
- Conducted and won numerous jury and bench trials.
- Assisted in prosecution of a series of fraud and
AZRAC lawsuits against a leading Arizona title company
and obtained summary judgment on the unlawful sale
of an unregistered security against title company
defendants.
- Successfully prosecuted a $7.5 million lender
liability and securities fraud action.
- Successfully prosecuted a $48 million environmental
remediation coverage dispute and achieved summary
judgment for client.
- Conducted detailed review of the rules and regulations
of the Arizona Department of Real Estate, drafted
5-year rule review, and proposed rule modifications
to the Arizona State Legislature.
- Licensed to practice law in California and Arizona.
- Qualified by the Arizona Department of Real Estate
to teach legal disclosure classes.
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| SEMINARS PRESENTED |
- "Arizona Mechanic’s Lien Law,"
CLE seminar presented for
DeFusco & Udelman, PLC, July, 2003.
- "Keys to Success in a Real Estate Transaction
in Arizona," CLE
seminar presented for National Business Institute
(NBI),
November 12, 2002.
- "Arizona Deed of Trust Foreclosure Law,"
CLE seminar presented
for DeFusco & Udelman, PLC, February 7, 2002.
- Frequent lecturer at the Arizona School of Real
Estate in
Scottsdale, Arizona, on legal topics including Arizona
subdivision
laws, the Rules and Regulations of the Arizona Department
of
Real Estate, agency and disclosure obligations in
real estate
transactions, drafting commercial real estate contracts,
and
enforcing real estate contracts.
- Frequent lecturer at the Commercial Real Estate
Institute, Inc., on
drafting and enforcing commercial real estate contracts
and
disclosure obligations.
- "Drafting Commercial Contracts" presented
to Westcor
Partnership, March 8, 2000.
- "Agency issues in the Commercial Real Estate
Transaction"
presented to CB Richard Ellis Commercial Realty,
October 4, 1999.
- "The Enforcement of Real Estate Contracts"
presented to CB
Richard Ellis Commercial Realty, August 11, 1999.
- "The Rules and Regulations of the Arizona
Department of Real
Estate" presented to Westcor Partnership, August
4, 1999.
- "Disclosure Obligations in Commercial Real
Estate Transactions,
A Case Law Study" presented to CB Richard Ellis
Commercial
Realty, June 9, 1999.
- "Adverse Possession and Prescriptive Easements:
The Surveyor’s
Role in the Land Title Dispute" presented to
the Arizona
Professional Land Surveyors Association, October
14, 1997.
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| PUBLISHED ARTICLES |
| Article on the Krohn Decision. |
- Deferring Your Commission: How to Protect the
Broker, ARIZ. J. REAL ESTATE BUS., September 2003,
at 36.
- Locking Out the Commercial Tenant, ARIZ. J. REAL
ESTATE BUS., June 2003, at 36.
- Avoiding Commercial Lease Cam Charge Disputes,
ARIZ. J. REAL ESTATE BUS., April 2003, at 34.
- Time Limits Affecting Claims Against Contractors,
ARIZ. J. REAL ESTATE BUS., February 2003, at 34.
- Arizona Supreme Court Invalidates Trustee’s
Sale Based on Low Price, ARIZ. J. REAL ESTATE BUS.,
October 2002, at 34.
- What Every Lender Should Know Before Starting
a Trustee’s Sale, ARIZ. J. REAL ESTATE BUS.,
April 2000, at 6.
- The Power of Attorney: An Agent’s Ability
to Purchase and Sell Real Property for the Principal,
ARIZ. J. REAL ESTATE BUS., Dec. 1999, at 6.
- Commercial Lease Cam Charge Disputes: Issues and
Drafting Options, ARIZ. J. REAL ESTATE BUS., November
1999, at 8.
- Assignments and Subleases In Today’s Commercial
Real Estate Market: Part III, ARIZ. J. REAL ESTATE
BUS., August 1999, at 4.
- Assignments and Subleases In Today’s Commercial
Real Estate Market: Part II, ARIZ. J. REAL ESTATE
BUS., July 1999, at 6.
- Assignments and Subleases In Today’s Commercial
Real Estate Market: Part I, ARIZ. J. REAL ESTATE
BUS., June 1999, at 6.
- The Effect of Tax Sales on Private Easements,
ARIZ. J. REAL ESTATE BUS., May 1999, at 4.
- Stop Notices: The Construction Lender’s
Perspective, ARIZ. J. REAL ESTATE & BUS., Sept.
1998, at 4.
- The Return of the Subordination Scam, ARIZ. DEPT.
REAL ESTATE BULL., Aug. 1998, at 1.
- Stop Notices: A New Remedy for the Arizona Building
Industry, ARIZ. J. REAL ESTATE & BUS., Aug.
1998, at 4.
- The Return of the Subordination Scam, ARIZ. J.
REAL ESTATE & BUS., July 1998, at 4.
- Selecting the Named Insured for Title Insurance
Policies, ARIZ. J. REAL ESTATE & BUS., June
1998, at 6.
- Usury: Alive and Well in Arizona, ARIZ. J. REAL
ESTATE & BUS., May 1998, at 6.
- Title Insurance Coverage for Legal Entities, STATE
BAR OF ARIZ. REAL PROP. SEC. J., May 1998, at 14.
- Reducing the Seller’s Risks of Carry back
Financing, ARIZ. J. REAL ESTATE & BUS., Mar.
1998, at 7.
- Adverse Possession, What Owners and Lenders Need
to Know, ARIZ. J. REAL ESTATE & BUS., Dec. 1997,
at 4.
- Who is Covered by the Title Insurance Policy?,
ARIZ. J. REAL ESTATE & BUS., Oct. 1997, at 15.
- When Do You Have the Right to Cancel an Exclusive
Listing?, ARIZ. J. REAL ESTATE & BUS., June
1997, at 12.
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| PUBLISHED OPINIONS |
- Aranki v. RKP Investments, 194 Ariz. 206, 293
Ariz. Adv. Rep. 37, 979 P.2d 534 (App. 1999) (addressing
duties of real estate licensees involved in real
estate transactions).
- Saks v. Parilla, Hubbard & Militzok, 67 Cal.App.4th
565, 79 Cal.Rptr.2d 120 (1998) (addressing federal
preemption of state court claims of malicious prosecution
and abuse of process arising out of the alleged
wrongful prosecution of fraudulent conveyance and
preferential transfer claims in the United States
Bankruptcy Court).
- Miscione v. Barton Development Company, 52 Cal.App.4th
1320, 61 Cal.Rptr.2d 280 (1997) (addressing issues
of attornment and subordination of commercial lease
following trustee’s sale).
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| HONORS |
| 1992 |
Received the Commendation for Distinguished Achievement
in the Art and Science of Advocacy from the International
Academy of Trial Lawyers.
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