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William A. Kozub, Esq.
7047 East Greenway Parkway, Suite 140
Scottsdale, Arizona 85254
(480) 624-2777

  
 

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.
 
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.
 
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.
 
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.
 
EDUCATION
May 1992 Juris Doctor
Arizona State University College of Law, Tempe, Arizona
 
May 1989 Bachelor of Arts
Arizona State University, Tempe, Arizona
Major in Political Science, concurrent emphasis in Chemistry
 
May 1984 Brophy College Preparatory, Phoenix, Arizona
 
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.
 
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.
 
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.
 
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).
 
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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