Debt Collection, Garnishment, Repossession

questions & answers

Question: Is a.r.s 33-814(g) valid on 40' motor home. Listed as second home on taxes. Tried to short sell (10/11) bank refused offers sold for less than our offers now collection company pursuing deficiency. What are my rights?

Answer: To answer your first question, the answer is no, ARS 33-814 is not valid on a 40' motor home. Please refer to ARS 33.1409.14 ARS 33.814.8 and.9 states: 8. "Trust deed" or "deed of trust" means a deed executed in conformity with this chapter and conveying trust property to a trustee or trustees qualified under section 33-803 to secure the performance of a contract or contracts, other than a trust deed which encumbers in whole or in part trust property located in Arizona and in one or more other states. 9. "Trust property" means any legal, equitable, leasehold or other interest in real property which is capable of being transferred, whether or not it is subject to any prior mortgages, trust deeds, contracts for conveyance of real property or other liens or encumbrances. Because of the motor home not being real estate, you would be liable for the deficiency.

QUESTIONS

  • Is a.r.s 33-814(g) valid on 40' motor home. Listed as second home on taxes. Tried to short sell (10/11) bank refused offers sold for less than our offers now collection company pursuing deficiency. What are my rights?

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