MH INV. CO. v. TRANSAMERICA TITLE INS.

No. 2 CA-CV 89-0113.

162 Ariz. 569 (1989)

785 P.2d 89

MH INVESTMENT COMPANY, a partnership, and MGM Investment Company, a partnership; Condominium Consulting Services, Inc., an Arizona corporation, Plaintiffs/Counterdefendants/Appellees, v. TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, Defendant/Counterclaimant/Appellant, Daniel S. Barton and Beverly A. Barton, husband and wife; Paul A. Petchel, an unmarried man; Steven J. Wentz and Geraldine E. Wentz, husband and wife; Eugene C. Woltz and Carole H. Woltz, husband and wife; Linda Lee Campbell, an unmarried woman; Richard Capozzi, an unmarried man; Lance J. Williams, an unmarried man; Amy I. Fetkavich, an unmarried woman; Richard B. Fairchild and Jane Doe Fairchild, husband and wife; Merri Suzanne Daugherty, an unmarried woman; Lonnie M. Wilbur and Jewel L. Wilbur, husband and wife; Hyman Brazlin and Dolores Brazlin, husband and wife; Lynne M. Dunne, an unmarried woman; Feliz Oleaga and Rosa Oleaga, husband and wife; Gary Aanenson, an unmarried man; Maria A. Hassing, an unmarried woman; Timothy S. Wald and Denise D. Wald, husband and wife; Joann W. Ferrell, an unmarried woman; Robert J. Pimsner, Jr., and Joann E. Pimsner, husband and wife; John R. Pimsner, an unmarried man; Sun State Savings and Loan Association, an Arizona corporation; the Arizona Bank; Fleet Mortgage Corporation; the Valley National Bank, a national banking association; Alliance Mortgage Company, Defendants/Appellants.

Court of Appeals of Arizona, Division 2, Department B.

December 21, 1989.


Attorney(s) appearing for the Case

Michael L. McAllister, Phoenix, for plaintiffs/counterdefendants/appellees.

Fennemore Craig by John G. Ryan, Timothy Berg and Diane M. Evans, Phoenix, for defendant/counterclaimant/appellant.


OPINION

FERNANDEZ, Chief Judge.

Appellants Transamerica Title Insurance Company and the owners of 15 condominium units (collectively referred to as Transamerica) appeal from the granting of summary judgment against them in appellees' suit for foreclosure of two deeds of trust on the property. Appellants contend that factual issues exist on their affirmative defenses and counterclaims for promissory estoppel, equitable estoppel, fraud, and unjust enrichment...

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