DEMING NAT. BANK v. WALRAVEN

No. 1 CA-CIV 5325.

133 Ariz. 378 (1982)

651 P.2d 1203

DEMING NATIONAL BANK, Plaintiff-Appellee, v. Richard WALRAVEN, Defendant-Appellant.

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

Rehearing Denied September 17, 1982.


Attorney(s) appearing for the Case

Mangum, Wall, Stoops & Warden by Robert W. Warden, Flagstaff, for plaintiff-appellee.

Walraven, Lange & Mabery by Richard Walraven, and Paul L. Roberts, Prescott, for defendant-appellant.


OPINION

HAIRE, Judge.

The issue in this appeal is whether the trial court committed error when it allowed the appellee, Deming National Bank (Bank) to foreclose its mortgage against the appellant, Walraven, whose lien on the mortgaged real property was admittedly junior to the mortgage held by the Bank. The propriety of allowing the mortgage foreclosure is questioned by appellant because the Bank had previously brought an independent action on the secured...

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