Stat-O-Matic Retirement Fund v. Assistance League of Yuma

OPINION

THOMPSON, Presiding Judge.

If a creditor purchases non-residential real property at a trustee’s sale, after default on the debt which the property secured, does the creditor take subject to a claim of adverse possession? We hold that until a party has a possessory right to the real property which would allow a cause of action against an adverse possessor, the statute of limitations on an action for recovery for real property will not run. See Ariz.Rev.Stat. Ann. (A.R.S.) § 12-526(A). Accordingly, we affirm.

FACTS AND PROCEDURAL HISTORY

The property at issue in this quiet title action is a…