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PFEIFFER v. MORGAN STANLEY CREDIT CORP.

No. CV 12-117-TUC-RCC.

922 F.Supp.2d 828 (2012)

Walter Frank PFEIFFER, Plaintiff, v. MORGAN STANLEY CREDIT CORP.; Morgan Stanley Smith Barney LLC, Defendants.

United States District Court, D. Arizona.

May 11, 2012.

Attorney(s) appearing for the Case

Corey B. Larson, Waterfall Economidis Caldwell Hanshaw & Villamana PC, Tucson, AZ, for Plaintiff.

John Charles Hinderaker, Jesse B. Simpson, Candida M. Ruesga, Lewis & Roca LLP, Phoenix, AZ, for Defendants.

ORDER

RANER C. COLLINS, District Judge.

When Plaintiff bought his home, he paid no money down and financed the purchase through a promissory note made out to Morgan Stanley Credit Corporation (MSCC) secured by a deed of trust for the home and funds in his brokerage account. (Doc. 1-4). Plaintiff now seeks a declaration that Arizona's anti-deficiency laws prevent Defendants from holding his brokerage account as collateral. For the reasons discussed below...

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