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Hogan v. Washington Mutual Bank, N.A.

Supreme Court of Arizona
277 P.3d 781 (2012)


Facts

John Hogan (plaintiff) purchased two parcels of land. Hogan took out a loan from Long Beach Mortgage Company on each property, subjecting each property to a deed of trust. After Hogan became delinquent on the loans, the trustee commenced non-judicial foreclosure proceedings. The trustee recorded two notices of sale in favor of Washington Mutual Bank, N.A. (WaMu) (defendant) and Deutsche Bank (defendant), respectively. WaMu and Deutsche Bank were the beneficiaries to the deeds of trust. Hogan brought suit seeking to enjoin each sale, claiming that the banks did not present the original notes and did not prove that they were the rightful owners prior to commencing the foreclosure proceedings. Hogan did not claim that WaMu and Deutsche Bank were not the owners of the notes, but rather that they were required to demonstrate their ownership prior to commencing non-judicial foreclosure proceedings. The superior court dismissed Hogan’s claims, and the court of appeals affirmed. The Supreme Court of Arizona granted review.

Rule of Law

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Issue

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Holding and Reasoning (Berch, C.J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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