Arizona Health Care Cost Containment System v. Allen

OPINION

PORTLEY, Judge.

¶ 1 This appeal requires us to address whether a secured creditor has to seek permission from the superior court or from the personal representative of an estate before conducting a trustee’s sale of property secured by a deed of trust. Because we hold that a secured creditor need not seek permission to conduct a statutory trustee’s sale, we reverse the judgment.

FACTS AND PROCEDURAL HISTORY

¶ 2 American Savings Life Insurance Company (“American Savings”) loaned Linda Stephenson $30,000, secured by a deed of trust on her Mesa property in 2001, and recorded the deed of…