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In Arizona, anti-deficiency protection applies to:

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Question & Answer

Review the question and all answer choices

A

All mortgages

Anti-deficiency protection does not apply to all mortgages in Arizona β€” refinance loans, home equity lines of credit, and cash-out refinances are generally not considered 'purchase money' loans and therefore do not receive anti-deficiency protection, leaving borrowers potentially liable for deficiencies on those loan types.

B

Purchase money loans on owner-occupied 2.5 acres or less

Correct Answer
C

Only FHA loans

The anti-deficiency protection under A.R.S. Β§ 33-814(G) is a state law protection that applies based on the nature and use of the loan and property, not based on whether the loan is insured by FHA β€” FHA insurance protects the lender against default losses, which is a separate concept entirely from state anti-deficiency law.

D

Only VA loans

Similarly, VA loan guaranty protects the lender (VA reimburses the lender for losses), but Arizona's anti-deficiency statute is not limited to VA loans β€” it applies to qualifying purchase money loans regardless of whether they are conventional, FHA, VA, or any other loan type, as long as the statutory criteria are met.

Why is this correct?

Answer B is correct because A.R.S. Β§ 33-814(G) specifically prohibits a deficiency judgment after a trustee's sale when the loan is a purchase money mortgage β€” meaning it was used to acquire the property β€” on a single one- or two-family dwelling situated on 2.5 acres or less that was utilized as a dwelling by the trustor (borrower). This narrow but important protection means that if a qualifying homeowner loses their home in foreclosure and the sale price is less than the loan balance, the lender cannot sue the borrower for the difference. The combination of 'purchase money,' 'owner-occupied,' and '2.5 acres or less' are all required elements for the protection to apply.

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