CAN THE BORROWER WAIVE THEIR ANTI-DEFICIENCY PROTECTION?
August 29, 2022
By Diane Drain Attorney & Retired Law Professor
Can Borrower Waive Anti-deficiency Protection? No, as determined in Parkway v. Zivkovic, 1 CA-CV 12-0612 (7/2013) This appeal presents the issue whether the anti-deficiency protections afforded by Arizona Revised Statutes (A.R.S.) section 33-814(G) (Supp. 2012) may be prospectively waived by the trustor. Because we conclude that such protections serve an important public purpose and may not be waived, we vacate the partial summary judgment for Parkway Bank and Trust Company (Parkway) and remand for proceedings consistent with this Opinion.
By Diane Drain|Published On: August 29th, 2022|Last Updated: August 29th, 2022|
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