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ANDREOLA v. ARIZONA BANK

No. 1 CA-CIV 2896.

26 Ariz. App. 556 (1976)

550 P.2d 110

Daniel M. ANDREOLA, Sr., and Karen Andreola, his wife, Appellants, v. The ARIZONA BANK, an Arizona Corporation, Appellee.

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

Rehearing Denied July 1, 1976.

Attorney(s) appearing for the Case

Berry & Herrick, P.A. by Richard S. Berry, Tempe, for appellants.

Ryley, Carlock & Ralston by Raymond M. Hunter, James E. Brophy, III, Phoenix, for appellee.

OPINION

SCHROEDER, Judge.

The issue in this case is whether the summary remedy of forcible detainer is appropriate to obtain possession of property after the occupant's interest has been terminated pursuant to the nonjudicial sale provisions of the Arizona Deed of Trust Act, A.R.S. § 33-801 et seq. This issue is one of first impression in Arizona.

In July of 1973, appellants, Mr. and Mrs. Andreola...

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