Publication
Legal Alert – Objections to a Non-Judicial Trustee’s Sale Are Waived if Not Timely Preserved by Injunctive Relief
by Rick Herold and Dan Huitink
Bankers should take note that last month the Arizona Supreme Court issued an opinion in BT Capital, L.L.C. v. TD Service Co. of Arizona, 633 Ariz. Adv. Rep. 38 (May 4, 2012), holding that A.R.S. Section 33-811(C) must be strictly enforced. Section 811(C) dictates that all objections to a trustee’s sale are waived if they are not timely preserved by obtaining injunctive relief by 5:00 p.m. on the last business day before the trustee’s sale.
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Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 500 attorneys practicing in 16 locations throughout the United States and in Mexico, including Los Angeles, Orange County and San Diego, California; Phoenix and Tucson, Arizona; Denver, Colorado; Washington, D.C.; Boise, Idaho; Las Vegas and Reno, Nevada; Albuquerque, New Mexico; Portland, Oregon; Dallas, Texas; Salt Lake City, Utah; Seattle, Washington; and Los Cabos, Mexico. The firm represents clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs. For more information, visit swlaw.com.
