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Commercial Law Keyed to Whaley
Hogan v. Washington Mutual Bank, N.A.
Citation:
230 Ariz. 584, 277 P.3d 781 (2012)Facts
In the late 1990s, Hogan purchased two properties in Yavapai County which each became subject to a deed of trust in 2004, when Hogan took out loans from Long Beach Mortgage Company. In 2008, Hogan became delinquent on both loans, which triggered foreclosure proceedings. The trustee recorded a notice of sale for the first property, naming Washington Mutual Bank (“WaMu”) as the beneficiary. A notice of sale for the second property named Deutsche Bank as the trust deed beneficiary. Hogan sued when these sales were triggered, arguing that WaMu and Deutsche Bank should be required to present the original notes and prove they were entitled to collect on their respective notes. The lower courts found that Arizona’s non-judicial foreclosure statute does not require presentation of the original note before commencing foreclosure proceedings.
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