Arizona Appellate Blog - Osborn Maledon

Tortosa Homeowners Ass’n v. Garcia – 08/01/2022

August 29, 2022

Arizona Court of Appeals Division two holds that A.R.S. § 33-727(B) does not entitle lienholders with higher priority than the foreclosing lienholder to the excess proceeds generated by the junior lienholder’s foreclosure sale.

4QTKIDZ, LLC v. HNT Holdings, LLC – 7/27/2022

August 29, 2022

The Arizona Supreme Court holds that a lienholder satisfies the requirement to notify a property owner prior to bringing a foreclosure action by delivering the notice to all three of the addresses specified in the statute, even if the lienholder has reason to believe the owner did not receive the notice.

Mills v. Ariz. Bd. of Tech. Regis. – 8/10/2022

August 15, 2022

Arizona Supreme Court holds declaratory action not barred by failure to exhaust administrative remedies when there is not a pending administrative proceeding.

Applicants sought for seven vacancies on the Arizona Court of Appeals – 8/1/2022

August 12, 2022

The Commission on Appellate Court Appointments is seeking applicants for seven vacancies on the Arizona Court of Appeals.

Rosenberg v. Sanders – 5/31/2022

August 3, 2022

Arizona Court of Appeals Division One holds that a grantor’s statements made after executing a beneficiary deed may provide relevant, admissible evidence of undue influence.

Cao v. PFP Dorsey Invs., LLC – 7/7/2022

July 27, 2022

Arizona Court of Appeals Division One holds that in the forced sale of a condominium, the individual unit owners’ rights are determined by the version of the Arizona Condominium Act in place at the time of their purchase.