Meritor Savings Bank v. Camelback Canyon Investors

MEMORANDUM AND ORDER

COPPLE, District Judge.

Several months ago defendants William and Suzanne Chick (“Chick”) filed a motion for partial summary judgment on the grounds that Mrs. Chick did not join in the Camelback Canyon Investors’ (“CCI”) loan transaction with Meritor Savings Bank (“Meritor”). On November 8, 1991 this Court ruled that the plain language of A.R.S. § 25-214(C)(l) required joinder of both spouses in order to encumber interests in real property in Arizona. The Court then granted the Chick’s motion for partial summary judgment holding that in the absence of Mrs. Chick’s joinder…