04/06/2010 — CV2005093715 ESTRADA, JOSE LUIS 04/06/2010 COMMISSIONER KIRBY KONGABLE View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/09/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093715
04/06/2010
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER KIRBY KONGABLE
L. Gauna
Deputy
VILLAS EAST FIVE ASSOCIATION INC
CHARLES E MAXWELL
v.
JOSE LUIS ESTRADA, et al.
JOSE LUIS ESTRADA
NO ADDRESS ON RECORD
DANIEL L KLOBERDANZ
GARNISHMENT OBJECTION
HEARING
Courtroom 303 - SEA
3:21 p.m. This is the time set for Garnishment Objection Hearing. Counsel, Daniel L.
Kloberdanz, is present on behalf of the Intervener/Judgment Creditor, Action Acquisitions, LLC.
Counsel, Brian Morgan for Charles E. Maxwell, is present on behalf of the Plaintiff/Judgment
Debtor.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Mr. Kloberdanz addresses the Court and advises that parties have reached and agreement
and states the agreement on the record.
Mr. Morgan agrees.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093715
04/06/2010
Docket Code 005
Form V000A
Page 2
Based upon stipulation of the parties,
IT IS ORDERED approving the agreement, subject to receipt of a proposed form of
judgment for the Court’s approval and signature.
Mr. Kloberdanz shall provide a proposed form of judgment for the Court’s approval and
signature.
3:22 p.m. Matter concludes.
All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-
ServiceCenter/index.asp
PLEASE NOTE: This Court utilizes a digital audio recording system to preserve the
official record of proceedings. Persons requesting copies of recorded proceedings do not have to
provide blank CDs. All CDs will be provided by the Court, regardless of when the copies are
made. A fee of $20.00 will apply to all copies requested, either on the day of the hearing or for
hearings recorded on an earlier date. Counsel or litigants must complete the appropriate request
form which may be obtained from the Self-Service Center or from Court staff and present the
completed form to the Self-Service Center. All fees must be handled through the Self-Service
Center. Upon payment of the appropriate fees through the Self-Service Center, a receipt will be
issued which shall then be presented to Court staff for preparation of the CD.
06/19/2007 — CV2005093715 ESTRADA, JOSE LUIS 06/19/2007 COMMISSIONER M. SCOTT MCCOY View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/20/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093715
06/19/2007
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER M. SCOTT MCCOY
T. Haaser
Deputy
VILLAS EAST FIVE ASSOCIATION INC
CHARLES E MAXWELL
v.
JOSE LUIS ESTRADA, et al.
JOSE LUIS ESTRADA
NO ADDRESS ON RECORD
ARIZONA FEDERAL CREDIT UNION
333 N 44TH ST
PHOENIX AZ 85008
FUTURE MANAGEMENT L L C
NO ADDRESS ON RECORD
AG-CHILD SUPPORT-EAST VALLEY
OFFICE
MINUTE ENTRY
The Court has received and reviewed the Plaintiff’s Response to Action Acquisition,
LLC’s Motion to Intervene and Plaintiff’s Response to Action Acquisition LLC’s Request for
Reimbursement of Price it Paid at the Sheriff’s Sale.
IT IS THERFORE ORDERED setting an Oral Argument on the Motion to Intervene on
July 19, 2007 at 1:30 p.m. (1 hour allotted), in this Division, 222 E. Javelina Avenue, Mesa,
Arizona.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093715
06/19/2007
Docket Code 094
Form V000A
Page 2
All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at http://www.superiorcourt.maricopa.gov/sschome.html.
PLEASE NOTE: This Court utilizes a digital audio recording system to preserve the
official record of proceedings. Persons requesting copies of recorded proceedings do not have to
provide blank CDs. All CDs will be provided by the Court, regardless of when the copies are
made. A fee of $20.00 will apply to all copies requested, either on the day of the hearing or for
hearings recorded on an earlier date. Counsel or litigants must complete the appropriate request
form which may be obtained from the Self-Service Center or from Court staff and present the
completed form to the Self-Service Center. All fees must be handled through the Self-Service
Center. Upon payment of the appropriate fees through the Self-Service Center, a receipt will be
issued which shall then be presented to Court staff for preparation of the CD.
07/19/2007 — CV2005093715 ESTRADA, JOSE LUIS 07/19/2007 COMMISSIONER VIRGINIA L. RICHTER View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/24/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093715
07/19/2007
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER VIRGINIA L. RICHTER
L. Gauna
Deputy
VILLAS EAST FIVE ASSOCIATION INC
CHARLES E MAXWELL
v.
JOSE LUIS ESTRADA, et al.
JOSE LUIS ESTRADA
NO ADDRESS ON RECORD
ARIZONA FEDERAL CREDIT UNION
333 N 44TH ST
PHOENIX AZ 85008
FUTURE MANAGEMENT L L C
NO ADDRESS ON RECORD
DANIEL L KLOBERDANZ
AG-CHILD SUPPORT-EAST VALLEY
OFFICE
MINUTE ENTRY
Courtroom 303 - SEA
1:45 p.m. This is the time set for Oral Argument. Counsel, Brian W. Morgan for Charles
E. Maxwell, is present on behalf of the Plaintiff, Villas East Five Association Inc. Counsel,
Daniel L. Kloberdanz, is present on behalf of the Intervener, Action Acquisitions, LLC. No one
else appears.
A digital audio recording of this proceeding is being made by the "For the Record"
recording system in lieu of a court reporter.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093715
07/19/2007
Docket Code 020
Form V000A
Page 2
Mr. Kloberdanz addresses the Court as to the issues in this matter.
Mr. Morgan addresses the Court as to the issues in this matter.
Legal argument is heard.
Based upon the legal argument heard,
IT IS ORDERED granting the Motion to Intervene.
Mr. Kloberdanz further addresses the Court regarding the relief his client is seeking. He
advises the Court that he would like to submit case law for review.
Mr. Morgan objects, advising that no reply brief was filed with the Court.
Further argument is heard.
THE COURT FINDS that due to the legal argument heard it will consider the case law
submitted to the Court.
THE COURT NOTES that the Plaintiff has not had an opportunity to respond to the
case law submitted.
Mr. Morgan advises the Court that he will submit a response brief to the Court within ten
(10) business days.
IT IS THERFORE ORDERED taking this matter under advisement.
LET THE RECORD REFLECT that upon receipt of Mr. Morgan’s response pleadings
the Court will issue a ruling per minute entry.
2:22 p.m. Matter concludes.
All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at http://www.superiorcourt.maricopa.gov/sschome.html.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093715
07/19/2007
Docket Code 020
Form V000A
Page 3
PLEASE NOTE: This Court utilizes a digital audio recording system to preserve the
official record of proceedings. Persons requesting copies of recorded proceedings do not have to
provide blank CDs. All CDs will be provided by the Court, regardless of when the copies are
made. A fee of $20.00 will apply to all copies requested, either on the day of the hearing or for
hearings recorded on an earlier date. Counsel or litigants must complete the appropriate request
form which may be obtained from the Self-Service Center or from Court staff and present the
completed form to the Self-Service Center. All fees must be handled through the Self-Service
Center. Upon payment of the appropriate fees through the Self-Service Center, a receipt will be
issued which shall then be presented to Court staff for preparation of the CD.
08/24/2007 — CV2005093715 ESTRADA, JOSE LUIS 08/24/2007 COMMISSIONER VIRGINIA L. RICHTER View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/28/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093715
08/24/2007
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER VIRGINIA L. RICHTER
L. Gauna
Deputy
VILLAS EAST FIVE ASSOCIATION INC
CHARLES E MAXWELL
v.
JOSE LUIS ESTRADA, et al.
JOSE LUIS ESTRADA
NO ADDRESS ON RECORD
ARIZONA FEDERAL CREDIT UNION
333 N 44TH ST
PHOENIX AZ 85008
FUTURE MANAGEMENT L L C
NO ADDRESS ON RECORD
AG-CHILD SUPPORT-EAST VALLEY
OFFICE
MINUTE ENTRY
This matter having been under advisement, the Court now enters its ruling,
On April 10, 2006 Plaintiff obtained a judgment for unpaid assessments, which was
secured by a lien against the property located at 444 E. Pueblo Avenue, Phoenix Arizona. The
judgment declared that the lien was foreclosed and directed that the property be sold at public
auction, subject to a six month redemption period. On April 28, 2006 the property was sold at a
trustee’s sale, which extinguished Plaintiff’s lien. Plaintiff, as a subordinate lien holder had been
provided notice of that sale. The trustee’s deed conveying the property to the purchaser was
recorded on May 3, 2006. Intervener Action Acquisitions was the high bidder at the sheriff’s sale
held on June 1, 2006, pursuant to Plaintiff’s writ of special execution. Plaintiff received
$18,608.17 of the bid paid by Intervener and the remainder has been held as excess proceeds.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093715
08/24/2007
Docket Code 019
Form V000A
Page 2
After the expiration of the six month redemption period Intervener was issued a sheriff’s deed
and discovered that the property had been previously sold, on April 28, 2006.
It is undisputed that Plaintiff’s lien had been extinguished by the April 26, 2006 trustee’s
sale and that at the time of the Sheriff’s sale on June 1, 2006 Plaintiff held no lien upon which
execution could issue. All subsequent proceedings, including execution, are null and void.
IT IS THEREFORE ORDERED Intervener is entitled to the return of all monies paid.
10/29/2007 — CV2005093715 ESTRADA, JOSE LUIS 10/29/2007 COMMISSIONER VIRGINIA L. RICHTER View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/30/2007 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093715
10/29/2007
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER VIRGINIA L. RICHTER
A. Sedillo
Deputy
VILLAS EAST FIVE ASSOCIATION INC
CHARLES E MAXWELL
v.
JOSE LUIS ESTRADA, et al.
JOSE LUIS ESTRADA
NO ADDRESS ON RECORD
MINUTE ENTRY
On May 3, 2005, when the first mortgage holder foreclosed on its lien, Plaintiff’s lien
was extinguished. Therefore, when Plaintiff proceeded with the Sheriff’s sale on June 1, 2005, it
sold a judgment lien that it knew no longer existed. While a purchaser at a sheriff sale may be
charged with investigating the condition of the title being sold, a judgment creditor cannot
knowingly execute upon a lien that has been extinguished. As of May 3, 2005, Plaintiff held a
judgment that could not be executed against the subject property, but proceeded with a sham
sale, hoping to jump out at an unsuspecting buyer with a cry of “Caveat Emptor” and pocket
proceeds to which it had no right.
The Court has inherent power to set aside an execution sale. Johnson v. Jefferson
Standard Life Insurance Co., 5 Ariz. App. 587,588, 429 P.2d 474, 475.
A court, in the exercise of its equitable powers, has the
discretion to set aside a judicial sale where fraud, collusion,
mistake, or misconduct casts suspicion on the fairness of the
sale. Additionally, it has been said that the courts will set
aside a sheriff's sale for fraud, irregularities in the conduct
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093715
10/29/2007
Docket Code 023
Form V000A
Page 2
of the sale, or for other equitable considerations, and that a
purchaser at a judicial or foreclosure sale can have the sale
set aside if there was some form of misrepresentation or
mistake that creates a prejudicial effect on the purchaser, or
other bidders and prospective bidders and in respect to the
debtor's interest as well.
46 Am.Jur.2d Judicial Sales §223
The Court has considered the Plaintiff’s Motion for Reconsideration. No Response has
been filed. The Motion is denied.
All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at http://www.superiorcourt.maricopa.gov/sschome.html.
