Cheifetz (my lawyer) vs Maltz

My lawyer(s) sent two hard-hitting letters to Steve Russo’s lawyer, Gerald Maltz, an old, well-connected lawyer here in Tucson, his AZ Bar Association number is very low, he was admitted to the bar in 1977.

 One of the other lawyers in the firm Maltz belongs to was a former State Supreme Court judge, some of the others are well-known too: “Six of our attorneys have been chosen as Top Lawyers in Tucson 2011, and five [including Maltz] in The Best Lawyers in America 2011.” HARALSON, MILLER, PITT, FELDMAN & MCNALLY P.L.C.

 The first letter my lawyers sent asks, by what authority did the HOA sell liens on our lots. Is it legal for an HOA to sell liens to others? California law prohibits it and several lawyers I spoke to on the phone while looking for an attorney also wondered about the legality of it. (There is a small error in the letter because I was not home to answer an email.)

 The second letter is a “Wrongful Lien Claim” pursuant to A.R.S. 33-420: “The assessments allegedly owed against each property are so high that they approach or exceed the value of the property . . . we view this as a wrongful lien, and we ask that this encumbrance be immediately removed.”

Letter #1    Letter #2

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