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MAIN I LTD. v. VENTURE CAPITAL CONST.

No. 1 CA-CIV 9271.

154 Ariz. 256 (1987)

741 P.2d 1234

MAIN I LIMITED PARTNERSHIP, an Arizona limited partnership, Plaintiff-Appellant, v. VENTURE CAPITAL CONSTRUCTION AND DEVELOPMENT CORPORATION, Defendant-Appellee, SECURITY TITLE AGENCY, INC., an Arizona corporation, Plaintiff-Appellee, v. MAIN I LIMITED PARTNERSHIP, an Arizona limited partnership, Defendant-Appellant.

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

July 7, 1987.

Attorney(s) appearing for the Case

Campana, Vieh & Strohm by James E. Vieh, Scottsdale, for defendant-appellee Venture Capital Const. and Development Corp.

Mariscal, Weeks, McIntyre & Friedlander by Michael S. Rubin and Donald N. McIntyre, Phoenix, for plaintiff-appellee Security Title.

Shull, Wortman & Watland by Dwight O. Watland and Mark E. Lasee, Phoenix, for plaintiffs-appellants Main I Ltd. Partnership.

OPINION

GREER, Judge.

The main issue in this appeal is whether the trustor under a deed of trust, who received proper and timely notice of the trustee's sale, may set aside the trustee's deed to the purchaser because notice to third parties who had an interest of record in the property was provided by the trustee one day later than is specified in A.R.S. § 33-809(B).

FACTS

Prior to March 19, 1985, Main I, Limited Partnership (Main I) was...

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