MORGAN AZ FINANCIAL, L.L.C. v. GOTSES

No. 1 CA-CV 13-0046.

326 P.3d 288 (2014)

MORGAN AZ FINANCIAL, L.L.C., Plaintiff/Appellee, v. William GOTSES, Defendant/Appellant.

Court of Appeals of Arizona, Division 1.

May 13, 2014.


Attorney(s) appearing for the Case

Tiffany & Bosco, P.A., By William M. Fischbach III , Natalya Ter-Grigoryan , Phoenix, for Plaintiff/Appellee.

Lewis Roca Rothgerber LLP, By Robert G. Schaffer , Kathleen Kahn , Phoenix, for Defendant/Appellant.


OPINION

SWANN, Judge.

¶ 1 This is a deficiency action following trustee's sales of two parcels of real property. The borrower asserted common-law defenses to liability under the promissory notes. The superior court held that, under A.R.S. § 33-811(C), these defenses had been waived and the lender's successor-in-interest was entitled to summary judgment. We reverse and remand. We hold that common-law defenses to a borrower's liability under a note...

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