In Sitton v. Deutsche Bank, the Court of Appeals ruled that claims of a trustor for money damages under ARS 33-420 survive a trustee’s sale, even though the holding of the sale precludes the trustor from challenging the propriety of the sale itself.  The trial court had dismissed all of the homeowner’s claims.  The Court of Appeals ruled that the homeowner continued to have standing, even after the trustee’s sale, to seek damages for the filing of false documents which occurred during the homeowner’s ownership of the property.  The Court of Appeals also rejected an argument that the homeowner’s claim was barred by a one year statute of limitations governing causes of action arising out of a statute, noting that the statute excepts actions to enforce a penalty, which is what ARS 33-420 imposes, a penalty, regardless of any showing of actual damages.  Such an action is governed, instead by a four year statute of limitations.  Having gone through the exercise to show that the homeowner could assert a claim for the filing of false documents, the Court of Appeals nevertheless upheld the dismissal of the homeowner’s claim for damages on the grounds that the misrepresentations within the recorded documents surrounding the assignment of the deed of trust to MERS were immaterial to the homeowner.