ARIZONA BANK & TRUST v. JAMES R. BARRONS

No. 1 CA-CV 13-0096.

351 P.3d 1099 (2015)

ARIZONA BANK & TRUST, an Arizona corporation, Plaintiff/Appellee, v. JAMES R. BARRONS TRUST, T-Group, LLC, an Arizona limited liability company; Creative Real Estate Investments # 1, Inc., an Arizona corporation; James R. Barrons and Laura Barrons, husband and wife; Daniel S. Warren and Stacey L. Warren, husband and wife; Thomas J. Tierney and Patricia Tierney, Defendants/Appellants.

Court of Appeals of Arizona, Division 1.

May 28, 2015.


Attorney(s) appearing for the Case

Engelman Berger PC By Scott B. Cohen , Scott W. Hulbert , Bradley D. Pack , Phoenix, Counsel for Plaintiff/Appellee.

Goldman & Zwillinger, PLLC By Scott H. Zwillinger , Scottsdale, Counsel for Defendants/Appellants.

Ryley Carlock & Applewhite By William Scott Jenkins, Jr. , Charitie L. Hartsig , Naomi E. Thurston , Phoenix, Counsel for Amicus Curiae Arizona Bankers Association.

Presiding Judge KENT E. CATTANI delivered the opinion of the Court, in which Judge MARGARET H. DOWNIE and Judge MICHAEL J. BROWN joined.


OPINION

¶ 1 This case addresses whether Arizona Revised Statutes ("A.R.S.") § 33-814(G), which precludes an action to recover a deficiency on a qualifying residential deed of trust, applies to guarantors in the same manner in which it applies to borrowers.1 This court previously held...

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