Morrisey v. Ferguson

OPINION

FERNANDEZ, Judge.

At issue in this appeal is the validity of a homestead declaration which does not reflect that the declarant resides on the prop erty and which was recorded while the declarant was a prisoner in the custody of the Arizona Department of Corrections. The trial court granted summary judgment in favor of appellee and declared the homestead exemption unenforceable and void. We affirm.

The property in question was owned by Cecil Dotman in 1983. On July 14, 1983, Dotman conveyed the property to appellant Lowell Ferguson by warranty deed. Sometime during the next few months,…