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M & I BANK, FSB v. COUGHLIN

No. CV09-2282-PHX-NVW.

805 F.Supp.2d 858 (2011)

M & I BANK, FSB, Plaintiff, v. Ty COUGHLIN, et al., Defendants.

United States District Court, D. Arizona.

August 9, 2011.

Attorney(s) appearing for the Case

Kathleen Ann Weber, Larry Omer Folks, Folks & Oconnor PLLC, Phoenix, AZ, Rachel M. Dollar, Sean M. Beehler, Jon Ac Vonderhaar, Smith Dollar PC, Santa Rosa, CA, for Plaintiff.

Barry Lance Entrekin, Law Offices of Lance Entrekin PC, Brian James Cosper, Fidelity National Law Group, Phoenix, AZ, for Defendants.

ORDER

NEIL V. WAKE, District Judge.

I. Introduction

The question posed is whether an Arizona statute, A.R.S. § 33-814(D), bars a lender's action against third parties associated with a deed of trust loan transaction—that is, persons other than the borrower or others liable on the note—if the lender brings that action more than 90 days after the trustee's sale disposing of the property securing the note.

Plaintiff M &...

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