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Can a personal loan NO ( dead of trust filed) fall under the anti-defiency law for Arizona in a forclosure?

Mesa, AZ |
Filed under: Real estate

The loan was hand written and signed by all parties

Attorney Answers 2

  1. Unfortunately, no.

    Accessing this website or receiving an electronic transmission from Nagle Law Group, P.C., or any specific attorney at Nagle Law Group, P.C., does not create an attorney-client relationship or any other duty on the part of Nagle Law Group, P.C. An attorney-client relationship is only created upon an express agreement with an attorney at Nagle Law Group, P.C.

  2. The so-called “anti-deficiency statute” is found in the Deeds of Trust section of Arizona law. It is triggered by the existence of a deed of trust securing the property. See ARS 33-814. No deed of trust (or in some cases a mortgage under ARS 33-719), no protection against deficiency liability.

    This communication is intended to be for general informational purposes only. It does not constitute legal advice nor does it establish an attorney-client privilege. You should contact a qualified attorney in your jurisdiction to obtain specific advice about your situation.

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