Wells Fargo Credit Corp. v. Tolliver

OPINION

LANKFORD, Judge.

Wells Fargo Credit Corporation (“Wells Fargo”) appeals from the trial court’s grant of summary judgment in favor of defendants Donald and Sheila Tolliver. This appeal presents the following issues:

1. Does either Ariz.Rev.Stat.Ann. (“A.R.S.”) section 12-1566 or section 33-814 preclude Wells Fargo from instituting an action on its promissory note after its lien had been extinguished by a trustee’s sale conducted by a senior lienholder?

2. If section 12-1566 or 33-814 applies, did the trial court err in granting summary judgment in favor of the Tollivers?

3. Did the trial…