Guarantors, Unlike Borrowers, Can Waive Antideficiency Protections
By Kerry A. Hodges Two years ago, in Parkway Bank & Trust Co. v. Zivkovic, the Arizona Court of Appeals held that borrowers cannot prospectively waive Arizona’s antideficiency protections. In doing so, however, the Court expressly declined to consider whether guarantors receive similar protection. On May 28, 2015, the Arizona…