NATIONAL BANK OF ARIZONA, a national banking association, Plaintiff/Appellee, v. MORGEN T. THRUSTON and HOWARD THRUSTON, as husband and wife, Defendants/Appellants., 218 Ariz. 112

The bank, as the moving party on summary judgment, was not required to present evidence negating the mortgagors' affirmative defenses to meet its initial burden of production. Nevertheless, to satisfy its initial burden of production, the bank was required to at least point out, by referring to evidence in the record, that the mortgagors did not have enough evidence to carry their burden of proof on these affirmative defenses at trial. Because the bank failed to do that, it was not entitled to summary judgment. However, a trustor/debtor was not entitled to the protections provided by Ariz. Rev. Stat. § 33-813 unless it complied with all of the requirements of that statute, i.e., it had to pay the trust deed beneficiary all past due and other statutorily specified sums and cure all other defaults. Because one of the mortgagors failed to cure all other defaults, specifically the nonmonetary default, when she cured the outstanding monetary default, Ariz. Rev. Stat. § 33-813 did not bar ...