Michael R Scheurich

Michael R. Scheurich

Member
Michael R. Scheurich’s practice focuses on commercial litigation, trials and appeals with emphasis on real estate, commercial lending remedies and title and escrow liability lawsuits and related proceedings.

Education & Credentials

Education

University of Arizona

B.A., 1976
  • high distinction

University of Arizona

J.D., 1979
  • Article and Note Editor, Arizona Law Review
  • Outstanding First-Year Writer's Award, Arizona Law Review

Bar Admission

  • Arizona

Acknowledgements

  • Southwest Super Lawyers (2012-present)
    • Real Estate
  • Best Lawyers in America (2013-present)
    • Commercial Litigation
    • Litigation - Real Estate

Prominent Assignments

Authored the successful amicus curiae briefs submitted on behalf of the Land Title Association of Arizona in The Weitz Company L.L.C. v. Nicholas Heth, et al., Case No. CV-13-0378-PR (filed August 26, 2014), in which the Arizona Supreme Court held that Arizona Revised Statutes § 33-992(A), which gives mechanics’ liens priority over liens recorded after construction begins on real property, does not preclude the equitable subrogation of a purchase money lender to the lien priority of a construction loan to take a superior lien position to that of mechanics’ liens.

Co-authored the successful amicus curiae brief submitted on the behalf of the Land Title Association of Arizona in Luce v. State Title Agency, Inc., 190 Ariz. 500, 950 P.2d 159 (App. 1997), in which the Arizona Court of Appeals held that an escrow agent, who had recorded certain documents as a courtesy to an out-of-state escrow agent, owed no duty of care to the parties to the underlying real estate transaction.

Negotiated and prepared documentation for a court-approved class action settlement involving claims by certified state-wide class alleging improper escrow fees.

Obtained dismissal of escrow negligence lawsuit seeking indemnity for $10 million specific performance claim.

Recovered embezzled monies in multi-state prejudgment garnishment and escrow fraud proceedings that also resulted in imprisonment of the defendant.

 

Other prominent appellate assignments:

 

Coburn v. Rhodig, 243 Ariz. 24 (App. 2017), holding that the family court had jurisdiction to consider our client's equitable defenses of waiver, estoppel, and laches to spousal maintenance.

 

Sourcecorp, Inc. v. Norcutt, 229 Ariz. 270 (2012), holding that cash purchasers of home who satisfied the existing first mortgage were equitably subrogated to the mortgage lien's priority over later discovered judgment lien far exceeding the property's value.

 

Smith v. Beesley, 226 Ariz. 313 (App.2011) holding that driveway built over a drainage easement in the Kohl's Tonto Creek Ranch subdivision constituted an unlawful alteration of a watercourse pursuant to A.R.S. § 48–3613.

 

Obtained a decision affirming the denial of the opponent spouse’s petition to modify spousal maintenance.

 

Successfully defeated challenge to client’s award of joint legal decision-making and equal parenting time.

 

Obtained a decision affirming summary judgment in escrow agency’s favor that it owed no duty of care to plaintiff.

 

Representing a national bank, obtained decision affirming summary judgment declaring  the opponent’s Carraker's UCC lien purportedly against all of the bank’s assets void ab initio.

 

Persuaded the Court of Appeals to affirm the award of attorneys’ fees to the client by Family Court pursuant to A.R.S. § 25-324 and awarding attorneys’ fees to the client incurred on appeal.

 

Secured affirmance of a summary judgment rejecting a challenge to the client’s foreclosure by trustee’s sale under “show me the note” theory.

Professional Involvement

  • State Bar of Arizona 
    • Member and Past Chair, Executive Council, State Bar of Arizona Real Property Section 
  • American Bar Association - Real Property, Probate and Trust Law and Litigation Sections 
  • Mandatory Continuing Legal Education Committee of the State Bar of Arizona - former Chair
  • Disciplinary Commission of the Arizona Supreme Court - former Volunteer Bar Counsel

Community Involvement

  • Immediate Past Chair and Director, Beatitudes Campus, a residential and health care community for seniors
  • Director, Beatitudes Campus Foundation
  • Former Member, Phoenix Arts Commission
  • Past Chair, Chris-Town YMCA
  • Former Member, Madison Educational District Foundation

Experience

  • Adjunct Professor of Law, Arizona State University Sandra Day O’Connor College of Law (2010 and 2011)
  • Guest Lecturer, Arizona State University Master of Real Development Program
  • Law Clerk to Honorable Joe W. Contreras of the Arizona Court of Appeals
  • Judge Pro Tempore, Arizona Court of Appeals

Publications/Presentations

  • Speaker, “Basic Commercial Real Estate Practice Series: Litigation, Entitlements, Land Use Planning and Water Rights,” State Bar of Arizona, April 12, 2018. 
  • Speaker, "Advanced Real Property 2014: Equitable Subrogation, Condos, and Beyond," State Bar of Arizona, October 2014.
  • Chair and Speaker, "The Basic Commercial Real Estate Practice Series: Nuts & Bolts of Commercial Leasing and Financing," State Bar of Arizona, May 2014.
  • "The Duties of Title Insurers in the Non-Insurance Context," published in the Arizona Bar's Real Property Section Journal and re-published by the American Bar Association in the Title Insurance Litigation Committee's Newsletter.
  • “The Attorney ‘No-Comment’ Rules and the First Amendment,” Arizona Law Review.
  • “Double Jeopardy and Successive Prosecutions by Tribal and Federal Courts,” Arizona Law Review.
  • Co-Editor, Symposium: The Federal Land Policy and Management Act of 1976, Arizona Law Review.
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