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HERBERMAN v. BERGSTROM

No. 2 CA-CV 90-0246.

168 Ariz. 587 (1991)

816 P.2d 244

Paul F. HERBERMAN and Karen Herberman, husband and wife, Plaintiffs/Appellees, v. Leroy R. BERGSTROM, Chapter 11 Bankruptcy Trustee for Lemons and Associates, Inc., and affiliated companies, Case No. 85-273; Lemons and Associates, Inc., and Home Associates, Inc., a Nevada corporation, Defendants/Appellants.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied September 24, 1991.

Attorney(s) appearing for the Case

DeConcini, McDonald, Brammer, Yetwin & Lacy, P.C. by Spencer A. Smith, Tucson, for plaintiffs/appellees.

Jaburg & Wilk, P.C. by Lawrence E. Wilk and Barbara B. Maroney, Phoenix, for defendants/appellants.

OPINION

HATHAWAY, Judge.

This appeal is taken from the granting of summary judgment entered in favor of the plaintiffs in a quiet title action. The facts are undisputed, and the only question presented is whether a deed of trust recorded after a declaration of homestead has been recorded is subject to the homestead.

Appellees owned a home encumbered by a deed of trust and subject to two judgments filed by creditors. In July 1979, they executed a...

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