LONG v. CORBET

No. 1 CA-CV 92-0092.

181 Ariz. 153 (1994)

888 P.2d 1340

W.D. LONG, Plaintiff-Appellee, v. Leo CORBET, Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department B.

Review Denied February 22, 1995.


Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Henry L. Timmerman, Christopher Robbins and Jeffrey B. Smith, Phoenix, for appellee.

Kenneth L. Tucker & Associates by Douglas G. Wymore, Phoenix, for appellant.


OPINION

NOYES, Judge.

This issue is whether a creditor who has received excess funds from a trustee's sale held by a senior creditor is precluded by Arizona's anti-deficiency statute, Ariz. Rev. Stat. Ann. ("A.R.S.") section 33-814(G), from pursuing a guarantor for satisfaction of the remainder of the debt. Because we conclude that the anti-deficiency statute does not apply in this situation, we affirm the trial court's grant of summary judgment to the creditor...

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