Mid Kansas Federal Savings & Loan Ass'n of Wichita v. Dynamic Development Corp.

OPINION

EUBANK, Presiding Judge.

We consider whether Arizona’s anti-deficiency statute for deeds of trust, A.R.S. § 33-814(E) (now § 33-814(F) (Supp.1988)), protects a residential housing developer from a deficiency judgment on the construction loans that it received from the lender. The trial court granted the lender, Mid Kansas, summary judgment against the borrower, Dynamic. We reverse, holding that Mid Kansas could not sue Dynamic because of the anti-deficiency statute, A.R.S. § 33-814(E).

Following the briefing of this appeal and prior to oral argument, our supreme *234court’s opinion in Baker…