Arizona Title Insurance and Trust Co. v. Kelly

STEVENS, Judge.

The appellant was the plaintiff in the trial court. The complaint sought judgment on a promissory note and to foreclose the mortgage which secured the note. The note and mortgage were executed prior to Arizona’s enactment of the Uniform Commercial Code. The appellees, along with other parties, were defendants. The appellees signed the note as makers but did not execute the mortgage. There was a single corporate mortgagor which also executed the note as maker and was a party-defendant. The complaint sought the right to establish a deficiency against the mortgagor as well as…