SCHOONOVER v. ARIZONA TITLE INS. & TRUST

No. 1 CA-CIV 5095-A.

126 Ariz. 438 (1980)

616 P.2d 898

Willard L. SCHOONOVER, Sr., and Marceline B. Schoonover, husband and wife, Plaintiffs-Appellees, v. ARIZONA TITLE INSURANCE AND TRUST COMPANY, an Arizona Corporation, Defendant-Appellant.

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

February 19, 1980.


Attorney(s) appearing for the Case

Feller & Cohen by Jeffrey R. Feller, Phoenix, for plaintiffs-appellees.

Toci, Musgrove, Murphy & Beck by Thelton D. Beck, Prescott, for defendant-appellant.


OPINION

HAIRE, Judge.

A.R.S. § 33-813 A allows a debtor/trustor to reinstate a contract of indebtedness secured by a deed of trust by paying "before the date of sale" the amounts then due. The only issue presented on this appeal is whether a tender of payment is timely so as to require reinstatement when the tender is not made prior to the day scheduled for the sale, but rather is made on the day of sale approximately one hour before the time scheduled...

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