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Old 05-13-2008, 09:16 PM
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Join Date: May 2008
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anti-deficiency laws


What is the name of your state?
I live in California but my question is regarding Arizona.

I have 2 rental properties in Az. The title is in both my name and my deceased husband's name. The loans are in the name of the Estate of**************..he recently passed away.
I want to know if the anti-deficiency laws in Arizona only apply to primary residences or can they apply to rental properties.
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Old 05-14-2008, 07:56 AM
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Join Date: Feb 2007
Posts: 4,978
Don't see anything that limits it to primary residences. The type of property is however restricted, so if these are single family homes (or duplexes) less than 2.5 acres, the law applies.

Here's the statute:
[url]http://www.foreclosurecounseling.com/foreclosure_help/antideficiency.html[/url]

If the mortgage is in the name of the estate alone, then they can only pursue a deficiency against the estate anyhow (depends what else is owned by the estate). While foreclosure will wipe out your ownership, since you don't seem to be liable for the loan your personal liability is limited.
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