You have to wonder if this will have a chilling effect on second mortgages in Arizona. Who in their right mind would want to assume a second lien position knowing that it can be wiped out so easily.
The Restatement of Law, which the Arizona court adopted, is not law until a court makes it so. They really should be careful in doing so, particularly where it is such a drastic departure from well established law.
If I were in Arizona, I'd be lobbying the legislature to pass a new law overturning these bad cases.
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