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KELLY v. NATIONSBANC MORTG. CORP.

No. 1 CA-CV 99-0642.

17 P.3d 790 (2000)

199 Ariz. 284

Jimmy L. KELLY and Ann M. Kelly, Plaintiffs-Appellants, v. NATIONSBANC MORTGAGE CORPORATION, Defendant-Appellee.

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

As Amended March 1, 2001.

Attorney(s) appearing for the Case

Law Offices of David P. Brooks, PLC, by David P. Brooks, Mesa, Attorney for the Kellys.

Hammerman & Hultgren, P.C., by Robert R. Hall, Phoenix, and Moss Pite & Duncan, LLP, by Michelle Mierzwa, El Cajon, CA, Attorneys for NationsBanc Mortgage Corp.

OPINION

TOCI, Presiding Judge.

¶ 1 After appellee NationsBanc Mortgage Corporation ("NationsBanc") noticed a trustee's sale of appellants' Jimmy L. Kelly and Ann M. Kelly ("the Kellys") property, the Kellys filed a bankruptcy petition, which caused four postponements of the trustee's sale. Once the bankruptcy was dismissed, the property was sold at a trustee's sale. The Kellys sued, alleging that the sale was invalid because NationsBanc failed to give...

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