Parkway Bank & Trust Co. v. Zivkovic

OPINION

HALL, Judge.*

¶ 1 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 (Park*288way) and remand for proceedings consistent with this Opinion.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 The following facts are not disputed. On November 21, 2006, Parkway provided an $894,703.85 loan to Equinox…