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NATIONAL BANK OF ARIZONA v. SCHWARTZ

No. 1 CA-CV 10-0772.

283 P.3d 41 (2012)

NATIONAL BANK OF ARIZONA, a national banking association, Plaintiff/Appellee, v. Richard A. SCHWARTZ and Sigrid E. Schwartz, husband and wife, Defendants/Appellants.

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

June 26, 2012.

Attorney(s) appearing for the Case

Dillingham & Reynolds, L.L.P. by John L. Dillingham , Phoenix, Attorneys for Appellants.

Jennings, Strouss & Salmon, P.L.C. by Michael J. Farrell and Todd B. Tuggle , Phoenix, Attorneys for Appellee.

OPINION

THOMPSON, Presiding Judge.

¶ 1 This is a deficiency action following a trustee's sale. Richard and Sigrid Schwartz (homeowners) appeal the trial court's order denying their motion to dismiss or, in the alternative, motion to compel arbitration as required under National Bank of Arizona's (Bank's) promissory note. Finding arbitration is required, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 In February 2007, the Bank...

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