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GOLD v. HELVETICA SERVICING, INC.

No. 1 CA-CV 11-0100.

275 P.3d 627 (2012)

Ronald L. GOLD, Plaintiff in Intervention/Appellant, v. HELVETICA SERVICING, INC., a California corporation fna CRM Venture Law, Inc. dba The Helvetica Group, Defendant in Intervention/Appellee.

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

April 3, 2012.

Attorney(s) appearing for the Case

Nussbaum Gillis & Dinner, P.C. By Randy Nussbaum , Gregory P. Gillis , Scottsdale, Attorneys for Appellant.

Buchalter Nemer By Roger W. Hall , Scottsdale, Attorneys for Appellee.

OPINION

SWANN, Judge.

¶ 1 This is a judicial foreclosure case. Under A.R.S. § 12-1281, a judgment debtor or a successor in interest may redeem a foreclosed property sold at a sheriff's sale. Alternatively, A.R.S. § 12-1566(C) allows a judgment debtor to ask the court for a fair market value determination ("FMV determination"). The issue presented is whether the exercise by one judgment debtor of the right to an FMV determination deprives co...

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