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BMO HARRIS BANK v. WILDWOOD CREEK RANCH

No. CV-14-0101-PR.

340 P.3d 1071 (2015)

BMO HARRIS BANK, N.A., as Successor to M & I Marshall & Ilsley Bank, Plaintiff/Appellant, v. WILDWOOD CREEK RANCH, LLC; Shaun F. Rudgear and Kristina B. Rudgear, as husband and wife, Defendants/Appellees.

Supreme Court of Arizona.

January 23, 2015.

Attorney(s) appearing for the Case

Jeffrey J. Goulder (argued), James E. Holland, Jr., Stefan M. Palys, Stinson Leonard Street LLP, Phoenix, for BMO Harris Bank, N.A.

Geoffrey S. Kercsmar (argued), Julia A. Guinane, Keresmar & Feltus PLLC, Scottsdale, for Wildwood Creek Ranch, LLC and Shaun and Kristina Rudgear.

Chief Justice BALES authored the opinion of the Court, in which Vice Chief Justice PELANDER and Justices BERCH, BRUTINEL, and TIMMER joined.

¶ 1 Arizona's residential anti-deficiency statute, A.R.S. § 33-814(G), applies to certain property utilized for a dwelling. We hold that the statute does not bar a deficiency judgment against an owner of vacant property. For § 33-814(G) to apply, a dwelling must have been completed.

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