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.

[Read the full alert.]