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ATLEE CREDIT CORPORATION v. QUETULIO

No. 1 CA-CIV 2318.

22 Ariz. App. 116 (1974)

524 P.2d 511

ATLEE CREDIT CORPORATION, a corporation, Appellant, v. Philip QUETULIO and Josephine Quetulio, his wife, Appellees.

Court of Appeals of Arizona, Division 1.

July 23, 1974.

Attorney(s) appearing for the Case

Allan J. Besbris, Phoenix, for appellant.

William J. Wolf and Robert C. Brauchli, Maricopa Legal Aid Society, Phoenix, for appellees.

OPINION

HATHAWAY, Chief Judge.

Is a mortgage foreclosure action barred when the statute of limitations has run on the underlying obligation? That is the question presented on this appeal. In other words, must a mortgage foreclosure action be commenced within the time prescribed by A.R.S. § 12-548:

"An action for debt where indebtedness is evidenced by or founded upon a contract in writing executed within the state shall be commenced and prosecuted...

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