Legal Opinion

BMO Harris Bank, N.A. v. Wildwood Creek Ranch, LLC

Arizona Supreme Court

Decided January 23, 2015No. CV-14-0101-PRPublishedCited by 26 opinions

1Opinion of the Court

Chief Justice BALES,

opinion of the Court.

¶ 1 Arizona’s residential anti-deficiency statute, A.R.S. § 33-814(G), applies to certain property utilized for a dwelling. We hold that the statute does not bar a deficiency judgment against an owner of vacant property. For § 33-814(G) to apply, a dwelling must have been completed.

I

¶ 2 Shaun and Kristina Rudgear own Wild-wood Creek Ranch, LLC. In 2006, the Rud-gears, through Wildwood, borrowed $260,200 from the predecessor to BMO Harris Bank to fund construction of a home on a vacant 2.26-acre lot. The loan was secured by a deed of trust and…

2Cases cited9 opinions

  1. Mid Kansas Federal Savings & Loan Ass'n of Wichita v. Dynamic Development Corp.Arizona Supreme Court · 1991
  2. Aaron Engler v. Gulf Interstate Engineering IncArizona Supreme Court · 2012
  3. In Re KrohnArizona Supreme Court · 2002
  4. Smith v. Second Church of Christ, Scientist, PhoenixArizona Supreme Court · 1960
  5. Arizona Citizens Clean Elections Commission v. BrainArizona Supreme Court · 2014

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3Cited by26 opinions

  1. First American Title Insurance v. Johnson BankArizona Supreme Court · 2016
  2. David C., Kim C. v. Alexis S., A.C.Arizona Supreme Court · 2016
  3. Wilks Et Vir v. ManobiancoArizona Supreme Court · 2015
  4. Dabrowski v. BartlettCourt of Appeals of Arizona · 2019
  5. Robertson v. AllingArizona Supreme Court · 2015

21 more not listed; retrieve them via the Exa API.

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