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REGIONAL INV. CO. v. SMK INV., INC.

2 CA-CIV 3656.

129 Ariz. 5 (1980)

628 P.2d 42

REGIONAL INVESTMENT CO., a Missouri Corporation, Plaintiff/Appellee, v. SMK INVESTMENTS, INC., an Arizona Corporation, Defendant/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 13, 1981.

Review Denied May 14, 1981.

Attorney(s) appearing for the Case

Gillenwater & Meyers, P.C. by Howard C. Meyers, Phoenix, for plaintiff/appellee.

Ettinger & Deckter, P.C. by Nathan A. Parkey, Tucson, for defendant/appellant.

OPINION

HOWARD, Judge.

The question raised in this appeal is whether a mortgagee is entitled to recover from the proceeds of a foreclosure sale for sums it had expended to preserve the property subsequent to the judgment but prior to the sale. The facts necessary for a determination of this case are as follows.

Regional Investment Co. (Regional) filed a suit in the superior court to foreclose its note and mortgage...

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