Legal Opinion
Regional Investment Co. v. SMK Investments Inc.
Court of Appeals of Arizona
Decided December 30, 1980No. 2 CA-CIV 3656PublishedCited by 2 opinions
1Opinion of the Court
OPINION
HOWARD, Judge.
The question raised in this appeal is whether a mortgagee is entitled to recover from the proceeds of a foreclosure sale for *6sums it had expended to preserve the property subsequent to the judgment but prior to the sale. The facts necessary for a determination of this case are as follows.
Regional Investment Co. (Regional) filed a suit in the superior court to foreclose its note and mortgage. Named as parties were the mortgagors and the trustor and beneficiaries of a deed of trust which was subordinate to Regional’s mortgage. The mortgage contained provisions for the…
2Cases cited3 opinions
- Brandt v. MeadeArizona Supreme Court · 1915
- Major Capital Corp. v. 4487 Third Avenue Corp.New York Supreme Court · 1959
- Imperial-Yuma Production Credit Ass'n v. NussbaumerCourt of Appeals of Arizona · 1974
3Cited by2 opinions
- People v. ShepherdColorado Court of Appeals · 2001
- People v. SpeerSupreme Court of Colorado · 2011