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BT CAPITAL, LLC v. TD SERVICE CO.

No. 1 CA-CV 10-0450.

265 P.3d 370 (2011)

BT CAPITAL, LLC, an Arizona limited liability corporation, Plaintiff/Appellant/Cross-Appellee, v. TD SERVICE COMPANY OF ARIZONA, an Arizona corporation; and RCS-Chandler, LLC, an Arizona limited liability company, Defendants/Appellees, and Point Center Financial, Inc., a foreign corporation, Defendant/Appellee/Cross-Appellant.

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

As Amended September 28, 2011.

Attorney(s) appearing for the Case

The Doyle Law Firm, P.C. by William H. Doyle , Robert J. Lord , Phoenix, Attorneys for Plaintiff/Appellant/Cross-Appellee.

Jaburg & Wilk, P.C. by Kathi Mann Sandweiss , Roger L. Cohen , Phoenix, Attorneys for Defendants/Appellees.

Gallagher & Kennedy, P.A. by Thomas A. Maraz , Joseph E. Cotterman , Phoenix, Attorneys for Defendant/Appellee/Cross-Appellant.

OPINION

IRVINE, Presiding Judge.

¶ 1 BT Capital, LLC ("BT") appeals the trial court's judgment granting motions to dismiss filed by TD Service Company of Arizona ("TD") and Point Center Financial, Inc. ("PCF"). PCF cross-appeals the trial court's denial of its request for attorneys' fees. In this opinion we consider whether TD, serving as PCF's trustee and bidding agent, may invalidate a nonjudicial deed of trust sale based upon its own failure to comply...

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