BARRY R. GOLDMAN
AZCLDP #81279
[email protected] (877) 472-7431
500 N. Estrella Pkwy. #B2-441
Goodyear, AZ 85338
The undersigned is a Legal Document Preparer and objects to the proposed rule changes.
The purpose of the Legal Document Preparer (LDP) is to prepare legal documents in accordance with the wishes of the client, so long as that preparation meets certain legal requirements. Under the current rules, persons and entities who prepare legal documents for other parties, whether or not such parties have a contractual relationship, either must be members of the Arizona State Bar or be certified as Legal Document Preparer(s). The proposed rule changes are blatant attempts for such companies to seek a special interest regulatory exemption.
The undersigned submits that the proposed rule changes would only serve to benefit a small group of property management company(ies), and do not provide for or enhance the protection of the public from any future unaccountable actions of such company(ies).
The proposed rule changes would make the property management company a de facto party to the action (or lien) pending, as it would allow not only a sidestepping of the LDP requirements as set forth and currently established, but would allow the property management company the ability to determine when, how and if a lien on real property should be placed, and allow for the preparation, execution and recording thereof by such company(ies). It is the HOA for which the property management company(ies) contract with who are, and should remain, the real party in interest in any action against a homeowner, including the placement of a lien against the property of such person(s).
Further, the current proposed rule change is another not so inconspicuous attempt by the same property management companies to service the HOA's without the currently needed certification(s) as (a) Legal Document Preparer, and thus skirting issues of disciplinary actions. Most recently, a property management company was the subject of matters before the Board of Legal Document Preparers.
The undersigned submits that the timing of the proposed rule change(s) smack of a special interest seeking special treatment and exemption from current standards. One of the parties represented in the proposed rule changes, AAM, LLC was the subject of disciplinary action(s) (rev. Complaint 09-L094; Complaint 10-L026). The Board of Legal Document Preparers placed AAM, LLC on probation for a period of not less than one year with the condition that it:
"… immediately and hence forth cease and desist from offering or providing any legal services that exceed the authorities of a certified legal document preparer or otherwise constitute the unauthorized practice of law…".
To the undersigned, the proposed rule changes do not appear unrelated from the disciplinary proceedings by the Board in January, 2011, and appear to be a blatantly self serving application.
Accordingly, the undersigned objects to the proposed rule changes, and urges the Court to do the same.