After looking at the wording of the arizona deficiency protection laws it looks like purchase money restriction only relates to mortgages AND not deeds of trust? Is this true? If so it wouldn't matter if cash was pulled out on a note secured with a deed of trust. Can someone clarify this for me?
Also, if you have the same lender for the 1st and 2nd loan, can they only foreclose through a trustee sale and then still be able to come after you for a deficiency on the 2nd loan?
Real Estate Attorney
The simple answer to your first question is that the laws apply to both mortgages and deeds of trust, assuming the property otherwise qualified for protection. However, if you've refinanced, a lender can bypass the limitations of the anti-deficiency statutes by bringing a judicial foreclosure action rather than pursuing the trustee's sale.
And yes, even if you have the same lender on both loans, and assuming the 2nd loan was not a purchase money loan, if the 1st forecloses through a trustee sale, the 2nd can pursue you for any unpaid amounts.
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