Western Coach Corp. v. Rexrode

OPINION

JACOBSON, Judge.

Two principal issues are raised by this appeal: (1) Whether a seller under a secured transaction which assigns its seller’s interest with recourse may maintain an action against the buyer under a theory of subrogation for payments made on the buyer’s behalf, and (2) whether a guarantor who takes possession of a debtor’s collateral is subject to the statutory requirements and liabilities imposed by A.R.S. § 44-3151(A).

This action arises out of an amended complaint whereby plaintiff-appellant, Western Coach Corporation (Western), sought to recover from…