REDEMPTION RIGHTS AFTER A JUDICIAL FORECLOSURE, NOT PERMITTED AFTER A TRUSTEE’S SALE
August 29, 2022
By Diane Drain Attorney & Retired Law Professor
NOTE: REDEMPTION RIGHTS AFTER A JUDICIAL FORECLOSURE, NOT PERMITTED AFTER A TRUSTEE’S SALE
Helvetica Servicing, Inc. v. Gold, No. 1 CA-CV 11-0100 deals with redemption rights after judicial foreclosure. One defendant requested fair market value determination which exceeded the price Helvetica bid at the sheriff’s sale. Thus protecting both borrowers from a deficiency claim. Court would not allow the other defendant to get the protection of the fair market value AND be able to redeem the property. “We hold that ARS 12-1566(c) operates to eliminate all rights of redemption when any debtor applies for an FMV determination.”
By Diane Drain|Published On: August 29th, 2022|Last Updated: August 29th, 2022|
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