ARS 33-814(G) Example Case
In Mid Kansas Federal Savings and Loan Association of Wichita v. Dynamic Development Corporation, 167 Ariz. 122, 804 P.2d 1310 (1991), a commercial homebuilder defaulted on a loan that was to be used to construct homes for resale. Id. at 124-25, 804 P.2d at 1312-13.
The homebuilder sought protection under A.R.S. 33-814(G); id. at 129, 804 P.2d at 1317.
The homes were not yet fully constructed. Id.
The lender argued that because the homes were not fully constructed, they were not being "utilized" for a single-family home, and the homebuilder should therefore not receive protection under the anti-deficiency statute. Id.
The supreme court stated:
Commercial residential properties held by the mortgagor for construction and eventual resale as dwellings are not within the definition of properties "limited to" and "utilized for" single-family dwellings. Emphasis in original. the property is not utilized as a dwelling when it is unfinished, has never been lived in, and is being held for sale to its first occupant by an owner who has no intent to ever occupy the property. Id.