About Scott A. Malm

Scott Malm concentrates his practice on litigation and dispute resolution for businesses and individuals. He primarily advises and represents title insurance companies and their insureds, escrow agents, lenders, developers, brokers, contractors, and similar clients in trial and appellate courts at the state and federal level.

Scott is recognized in Real Estate Law by Best Lawyers in America , is rated AV-Preeminent by Martindale-Hubbell, representing the highest rating in legal ability and ethical standards, and has been recognized in the Southwest Super Lawyers list for Real Estate Law.

Scott has handled numerous mediations as a Judge Pro Tem for Maricopa County Superior Courts. He is also available as a mediator and arbitrator for real estate, title, escrow, and business disputes.

Legal Updates & Firm News

Aug 16, 2024 - General

Gust Rosenfeld P.L.C. Attorneys are once again Recognized as “Best Lawyers” and “Ones to Watch” in the 2025 Edition of The Best Lawyers in Americ

Aug 23, 2023 - Press Release

The Best Lawyers in America 2024 Names Gust Rosenfeld Attorneys “Lawyer of the Year”; “Ones to Watch”; and “Best Lawyers”

Professional Recognition

The Best Lawyers in America, Litigation - Real Estate; Real Estate Law (2020-2026)

Southwest Super Lawyers, Real Estate Law (2012-2013 and 2025)

Phoenix Magazine 2022 Top Lawyers - Arbitration and Mediation; Real Estate

• Featured “Innovator” in the Phoenix Business Journal (August 2009)

Presentations & Publications

•ABA’s Real Estate, Condemnation & Trust Committee Title Insurance Regional CLE Program, Host and Speaker (January 2025)

• Arizona State Bar, Real Property and Construction Law Sections (2011-present)

• Land Title Association of Arizona and Arizona State Escrow Assoc. Conferences (2008-present)

• National Business Institution: Boundary Law and Real Estate Titles (2002-present)

• National CLE Conference, Law Education Institute: Title Insurance (2007 and 2009)

• Author, Arizona Journal of Real Estate and Business: “Abstractor Liability” (2004)

• Arizona Trustee Association: Equitable Subrogation (2002 and 2012)

• Panelist, “Arizona’s Homestead and Judgment Lien Law Amendments,” State Bar Convention (2022)

Community Involvement

•Youth Sports Head Coach, including multiple Coach of the Year awards (2007-present)
•Gilbert Christian Schools (former president and board member, 2009-2014)
•Electronic Recording Commission (appointed by Governor, 2006-2007)
•Arizona Town Hall (report chairman, panel chairman, panel recorder, 2000-2009)
•Chandler-Horizon Rotary Club (former president and board member, 1998-2008)
•Actors Theatre of Phoenix (former executive committee and board member, 1998-2001)

 

Awards

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Real Estate
Posted by anonymous
March 12, 2020
Hired Attorney

Mr. Malm was highly recommended to me for his expertise in real estate legal knowledge from a title clerk I was working with in Phoenix. She saw I had signed some legal papers without going through a title company, therefore, I did not get title insurance and I was about to lose $480,000 cash. I had been taken advantage of by a scam artist and was about to lose my life savings. She said she has seen Mr. Malm in action and if anyone could help me it would be him. I contacted him and he spoke freely and openly to me about the trouble I was in. He told me EXACTLY what I would need in order to win a lawsuit to capture the $480,000 I was about to lose. He didn't try to push me in to see him without giving me any advice. I was able to get the required paperwork and I got the $480,000 I was owed within three weeks. Thank you Very Much Mr. Malm for helping me with the law and your time.

 

Services

Areas of Law

  • Alternative Dispute Resolution
  • Other 3
    • Title Insurance and Escrow
    • Real Estate Litigation
    • Commercial Disputes

Practice Details

  • Firm Information
    Position
    Member
    Firm Name
    Gust Rosenfeld P.L.C.
  • Representative Cases & Transactions
    Cases
    Representative Matters: Defs. of Wildlife v. Ariz. Navigable Stream Adjudication Comm’
    n, 254 Ariz. 547 (App. 2023) (title
    river navigability)
    Maricopa County v. Rovey, 250 Ariz. 419 (App. 2020) (roadways
    easements)
    Pac. W. Bank v. Castleton, 246 Ariz. 108 (App. 2018) (judgment liens
    homestead)
    Deutsche Bank Nat’
    l Tr. Co. v. Pheasant Grove LLC, 245 Ariz. 325 (App. 2018) (deed reformation)
    Markham Contracting Co., Inc. v. FDIC, 240 Ariz. 361 (App. 2016) (equitable subrogation)
    Lewis v. Debord, 238 Ariz. 28 (2015) (recorded judgment lien)
    Manicom v. CitiMortgage, Inc., 236 Ariz. 153 (App. 2014) (lien priority)
    Weitz Co LLC v. Heth, 235 Ariz. 405 (Ariz. 2014) (equitable subrogation)
    Brimet II, LLC v. Destiny Homes Marketing, LLC, 231 Ariz. 457 (App. 2013) (equitable subrogation)
    Wang Elec. v. Smoke Tree, 230 Ariz. 314 (App. 2012) (unjust enrichment)
    Sourcecorp v. Norcutt, 229 Ariz. 270 (2012) (equitable subrogation)
    In re Vasquez, 228 Ariz. 357 (2011) (trustee’
    s sale procedures)
    Cont. Light. & Contr., Inc. v. Premier, et al., 227 Ariz. 382 (App. 2011) (equitable subrogation)
    Cypress on Sunl
    HOA et al. v. Orl
    ini II, 227 Ariz. 288 (App. 2011) (HOA liens)
    In re Mortgages Ltd., 444 B.R. 585 (Bktcy.D.Ariz. 2011) (equitable subrogation)
    Birdsell v. Bella Funding, 430 B.R. 544 (Bktcy.D.Ariz. 2010) (deed of trust validity)
    In re Estate of Parker, 217 Ariz. 563 (App. 2008) (real estate succession affidavit)
    Maxfield v. Martin, 217 Ariz. 312 (App. 2007) (identity theft/escrow liability)
    Bunyard v. U.S. Dept. of Ag., 301 F. Supp.2d 1052 (D. Ariz. 2004) (adverse possession)
    Speros v. Yu, 207 Ariz. 153 (App. 2004) (rights of way ab
    onment)
    Mealey v. Arndt, 206 Ariz. 218 (App. 2003) (boundary by acquiescence)
  • Additional Links

Experience

  • Bar Admission & Memberships
    Admissions
    1997, Arizona
    and 1998, Ninth Circuit Court of Appeals
    1997, U.S. District Court, Arizona
    Memberships

    Professional Associations

    •State Bar of Arizona
    •Real Estate Law Advisory Commission (2005-2008)
    •Judge Pro Tempore, Maricopa County Superior Courts (2005-current)

  • Education & Certifications
    Law School
    University of Arizona
    Class of 1997
    J.D.
    cum laude
    Other Education
    University of Arizona
    Class of 1991
    B.A.
    cum laude and honors program

    University of Wales, Cardiff Business School, Cardiff, United Kingdom
    Class of 1993
    M.B.A.

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Attorneys FAQs

  • What year was this attorney first admitted to the bar?
    Scott A. Malm was admitted in 1997 to the State of Arizona.
  • Is this attorney Martindale-Hubbell Peer Review rated?
    Yes, Scott A. Malm has a 4.6 Peer Rating from Martindale-Hubbell.
  • How many attorneys are in this law firm?
    Gust Rosenfeld P.L.C. has 60 attorneys at this location.
  • What law school did this attorney attend?
    Scott A. Malm attended University of Arizona.
  • What year was this attorney's law firm established?
    Gust Rosenfeld P.L.C. was established in 1921.