STAT-O-MATIC RET. FUND v. ASSIST. LEAGUE

No. 1 CA-CV 96-0178.

941 P.2d 233 (1997)

189 Ariz. 221

STAT-O-MATIC RETIREMENT FUND, Eddie Cantor Associates, Inc., Money Purchase Pension Plan, Jerome S. Shull & Associates, Plaintiffs-Appellees, v. ASSISTANCE LEAGUE OF YUMA, Defendant-Appellant.

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

As Amended April 3, 1997.


Attorney(s) appearing for the Case

Law Offices of Stephen P. Shadle by Gregory S. Byrd and Stephen P. Shadle, Yuma, for Plaintiffs-Appellees.

Law Offices of Larry W. Suciu by Barry Olsen, Yuma, for Defendant-Appellant.


OPINION

THOMPSON, Presiding Judge.

If a creditor purchases non-residential real property at a trustee's sale, after default on the debt which the property secured, does the creditor take subject to a claim of adverse possession? We hold that until a party has a possessory right to the real property which would allow a cause of action against an adverse possessor, the statute of limitations on an action for recovery...

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