Supreme Court of Arizona
646 P.2d 263 (1982)
Schulz owned property in Arizona that was encumbered by several liens. First National Mortgage Association (First National) held the most senior lien, followed by Robert Wachs (defendant), who held a deed of trust in the amount of $628,648. Lanyon’s Law Service was next in priority, followed by Michael and Janet Matcha (plaintiffs), who held a $2,581.35 judgment lien assigned to them by a law firm. Schulz defaulted on the mortgage, and the property was sold to First National at a public foreclosure sale. Under Arizona law, junior lienholders had the right to redeem the property, in the order of lienholder priority, within five days after the owner’s six-month right to redeem. During the six months following the sale, while Schulz’s redemption period was running, Wachs filed notice of his intent to redeem, specifying the amount of the lien and the order of the lien’s priority. Wachs did not attach a certified copy of the lien as required by statute, but served the copy within the five days permitted for a lienholder to redeem. The Matchas brought an action for a declaratory judgment, alleging that the Matchas were entitled to redeem the property and that Wachs forfeited that right by failing to comply with the Arizona statute. The trial court granted summary judgment to the Matchas, holding that because Wachs did not comply with the redemption statutes, Wachs did not perfect the right to redeem. The appeals court reversed, finding that Wachs had substantially complied with the redemption statutes and had properly redeemed the property. The Arizona Supreme Court granted review.
Rule of Law
Holding and Reasoning (Feldman, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 217,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.