Southwest Savings & Loan Ass'n v. Mason

OPINION

LACAGNINA, Chief Judge.

Southwest Savings and Loan Association moved for summary judgment on count two of its complaint seeking recovery on a promissory note secured by the realty mortgage on a family dwelling. Count one of the complaint sought foreclosure of the mortgage. The trial court denied Southwest’s motion for summary judgment but granted summary judgment on the borrowers’ motion, ruling that Southwest could not maintain a separate claim on the note without foreclosure because of the provisions of A.R.S. § 33-729 prohibiting deficiency judgments upon foreclosure of mortgaged…