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HELVETICA SERVICING, INC. v. PASQUAN

No. 1 CA-CV 10-0418.

277 P.3d 198 (2012)

HELVETICA SERVICING, INC., a California corporation fna CRM Venture Law, Inc. dba The Helvetica Group, Plaintiff/Appellee, v. Michael S. PASQUAN, an individual, Defendant/Appellant.

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

March 20, 2012.

Attorney(s) appearing for the Case

Buchalter Nemer, P.C. by Donnelly A. Dybus , Scottsdale, Christopher F. McCarthy , Jason E. Goldstein , Pro Hac Vice, Irvine, CA, Attorneys for Plaintiff/Appellee.

Berens Kozub Kloberdanz & Blonstein, P.L.C. by Daniel L. Kloberdanz , William A. Kozub , Scottsdale, Attorneys for Defendant/Appellant.

OPINION

DOWNIE, Judge.

¶ 1 This case requires us to examine the scope of statutory anti-deficiency protection available to borrowers in the judicial foreclosure context. We hold that refinancing a purchase money loan does not destroy purchase money status and forfeit anti-deficiency protection to the extent proceeds from the refinancing transaction are disbursed in satisfaction of the underlying purchase money obligation. We further hold that loan proceeds...

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