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SOUTHWEST SAVINGS AND LOAN ASSOCIATION v. MASON

No. CV-87-0455-PR.

156 Ariz. 210 (1988)

751 P.2d 526

SOUTHWEST SAVINGS AND LOAN ASSOCIATION, an Arizona corporation, fka Catalina Savings and Loan Association, a corporation, Plaintiff/Appellant, v. Barbara A. MASON, the spouse of Michael T. Mason, as her sole and separate property; Michael T. Mason; George Mason and Dorothy E. Mason, husband and wife; Richard G. Mohr and Marilyn M. Mohr, husband and wife; Deanne R. Mohr Grabinski, a married woman in her sole and separate right, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

March 10, 1988.

Attorney(s) appearing for the Case

Chandler, Tullar, Udall & Redhair by Edwin M. Gaines, Jr., Tucson, for defendants/appellees George and Dorothy E. Mason.

King & Frisch, P.C. by Ronald N. Allen, Tucson, for defendants/appellees Mohr and Grabinski.

Aboud & Aboud, P.C. by Michael J. Aboud, Tucson, for plaintiff/appellant.

Dennis A. Rosen, Ltd. by Gayle D. Reay, Tucson, for defendants/appellees Barbara A. and Michael T. Mason.

FELDMAN, Vice Chief Justice.

In this case a lender holding a note evidencing and mortgage securing a debt for purchase of a single family residence has attempted to waive the security of the mortgage and sue the obligors in debt. A.R.S. § 33-729(A) prohibits those holding purchase money mortgages on certain types of residential property from enforcing the judgment obtained in a foreclosure action against "any other property of the judgment debtor." It further...

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