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CELY v. DeCONCINI, McDONALD, ET AL.

No. 2 CA-CV 88-0389.

166 Ariz. 500 (1990)

803 P.2d 911

William P. CELY and Merlann E. Cely, husband and wife, Plaintiffs-Appellants, v. DeCONCINI, McDONALD, BRAMMER, YETWIN & LACY, P.C., an Arizona corporation; Richard M. Yetwin and Jane Doe Yetwin, husband and wife, in his personal capacity and as agent, employee or representative of DeConcini, McDonald, Brammer, Yetwin & Lacy, P.C.; Lawyer's Title of Arizona, an Arizona corporation; Janet Heist and John Doe Heist, wife and husband, personally and in her capacity as agent, employee or representative of Lawyer's Title of Arizona; The Bank of Newport, and Douglas H. Clark, Jr., a single man, Defendants-Appellees.

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

Reconsideration Denied September 2, 1990.

Review Denied January 23, 1991.

Attorney(s) appearing for the Case

Salese & McCarthy, P.C. by Armand Salese, Tucson, for plaintiffs-appellants.

Mesch, Clark & Rothschild, P.C. by Jonathan Rothschild, Tucson, for defendant-appellee Douglas H. Clark, Jr.

Waterfall, Economidis, Caldwell, Hanshaw & Villamana, P.C. by Jane L. Eikleberry, Tucson, for defendants-appellees Lawyer's Title and Janet Heist.

Slutes, Sakrison, Even, Grant & Pelander, P.C. by Tom Slutes, Tucson, for defendants-appellees DeConcini, McDonald, Brammer, Yetwin & Lacy, P.C., and Richard M. and Jane Doe Yetwin.

OPINION

FIDEL, Presiding Judge.

In Baker v. Gardner, our supreme court held that the holder of a note and security device may not waive the security and sue on the note to hold the maker personally liable for the unpaid balance when the security falls within the limited class of purchase money mortgages and deeds of trust described in Arizona's anti-deficiency statutes.1 160 Ariz. 98,...

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