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BANK OF AMERICA v. FELCO BUSINESS SERVICES

No. 1 CA-CV 16-0099.

403 P.3d 150 (2017)

BANK OF AMERICA, N.A., a national banking association, Plaintiff/Appellant, v. FELCO BUSINESS SERVICES, INC. 401(K) PROFIT SHARING PLAN, Ira S. Feldman, Trustee; and FBS Sedona, LLC, an Arizona limited liability company, Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

FILED August 29, 2017.

Attorney(s) appearing for the Case

Renaud Cook Drury Mesaros, PA, Phoenix, By Denise J. Wachholz , Richard H. Goldberg , Counsel for Plaintiff/Appellant.

Favor & Wilhelmsen PLLC, Prescott, By David K. Wilhelmsen , Lance B. Payette , Counsel for Defendants/Appellees.

Presiding Judge Randall M. Howe delivered the opinion of the Court, in which Judge Lawrence F. Winthrop and Judge Jon W. Thompson joined.

OPINION

¶ 1 This appeal is from a declaratory action by lienholder Bank of America, N.A. ("BofA") against intervening lienholder Felco Business Services, Inc. 401(K) Profit Sharing Plan and FBS Sedona, LLC (collectively, "Felco"). After Felco foreclosed on its deed of trust and sold the subject property at a trustee's...

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