Freedman v. Continental Service Corp.

OPINION

FROEB, Presiding Judge.

This case involves a forfeiture of the buyer’s interest in a land contract referred to as a subdivision trust agreement. The main issue is whether the trial court can exercise its equitable power to invalidate a forfeiture which complied with all applicable legal requirements. A related question is whether notices mailed to but not received by the buyer are sufficient to sustain the forfeiture.

The contract involved is what is generally known in Arizona as a “subdivision trust agreement.” In it, the seller of land, referred to as the “first beneficiary,” transfers…