Bidding at a Trustee’s Sale


Question: Two years ago we loaned my wife’s sister $70,000 to buy a small home in Glendale. The $70,000 loan was secured by a $70,000 promissory note and a deed of trust on the home. My wife’s sister never made one monthly mortgage payment to us, and she moved back to Iowa a few months…

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Borrower Not Notified of Trustee's Sale

  Question: Two years ago, I let my brother and his family stay in my house in Cottonwood. Instead of paying rent, my brother agreed to make the mortgage payments. Although I knew he was having trouble recently making some of the payments, my brother kept promising me he would bring the mortgage current. He…

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Protection Of Anti-Deficiency Statute Cannot Be Waived

  On June 13, 2013, the Arizona Court of Appeals ruled that the Arizona anti-deficiency statute cannot be waived in advance by a homeowner. Parkway Bank and Trust Company v. Joseph Zivkovic, 1 CA-CV 12-0612. Facts:   Zivkovic personally guaranteed a loan for his business, listing himself as the borrower and incorporating a previous loan…

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