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VALLEY NAT. BANK OF ARIZONA v. KOHLHASE

Nos. 1 CA-CV 92-0239, 1 CA-CV 93-0277.

182 Ariz. 436 (1995)

897 P.2d 738

The VALLEY NATIONAL BANK OF ARIZONA, a national banking association, Plaintiff-Appellee, v. Charles E. KOHLHASE and Beverly C. Kohlhase, husband and wife; Allan V. Watson and Virginia D. Watson, husband and wife, Defendants-Appellants.

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

As Corrected July 12, 1995.

Attorney(s) appearing for the Case

Killian, Nicholas, Fischer, Wirken, Cook & Pew, P.L.C. by Charles W. Wirken, Phoenix, for defendants-appellants.

Jaburg & Wilk, P.C. by Kathi Mann Sandweiss, Michael J. McGivern, Phoenix, for plaintiff-appellee.

OPINION

McGREGOR, Judge.

In this opinion, we address whether Arizona Revised Statutes Annotated ("A.R.S.") section 33-814 (1990) precludes a creditor's cause of action for deficiency because the creditor (1) elects its remedy by foreclosing on a commercial property secured by a deed of a trust by trustee's sale or (2) initiates an action on a debt before conducting a trustee's sale but fails to file an "action for deficiency" after but within ninety days...

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