04/15/2015 — CV2014097181 BOJORQUEZ, CHIEMI L 04/15/2015 HON. MARK F. ACETO View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/17/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-097181
04/15/2015
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
JAVIER B DELGADO
v.
CHIEMI L BOJORQUEZ, et al.
CHIEMI L BOJORQUEZ
23229 W. KIMBERLY DRIVE
BUCKEYE AZ 85326-8618
ARTHUR BOJORQUEZ
23229 W. KIMBERLY
BUCKEYE AZ 85326-8618
DAVINA DANA BRESSLER
COUNTY COLLECTION UNIT
301 W. JEFFERSON
SUITE 960
PHOENIX AZ 85003
MINUTE ENTRY
On February 25, 2015, the Maricopa County Finance Department, Collections Unit
(“applicant”) filed an “Application for Excess Proceeds”. If there are any excess proceeds
remaining after sale of the subject property, applicant may very well be entitled to recover the
amount it seeks from said excess proceeds. That said, the court makes note of the following:
The only legal authority cited by applicant is A.R.S. §33-812.
§33-812 applies when (1) a trustee’s sale has been conducted; (2) after the costs
of sale and the obligations secured by the trust deed are paid, excess proceeds
remain; (3) the trustee has deposited the excess proceeds with the county
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-097181
04/15/2015
Docket Code 019
Form V000A
Page 2
treasurer; and (4) the trustee commences a civil action in Superior Court naming
the county treasurer as defendant.
The court further makes note of the following:
The plaintiff in this case is not seeking an order authorizing a trustee’s sale.
Rather, the plaintiff in this case is seeking an order authorizing a sheriff’s sale.
Applicant has presented no evidence that the subject property has been sold in a
trustee’s sale.
Applicant has presented no evidence that excess proceeds were yielded by a
trustee’s sale.
There is no indication that any such excess proceeds were deposited with the
county treasurer.
A civil action as discussed in §33-812 (D) has not been initiated under this case
number.
Applicant has not yet provided any legal authority establishing that §33-812
applies under the circumstances presented.
Under the circumstances,
IT IS ORDERED denying the above-identified “Application for Excess Proceeds”.
06/02/2015 — CV2014097181 BOJORQUEZ, CHIEMI L 06/02/2015 HON. MARK F. ACETO View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/04/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-097181
06/02/2015
Docket Code 049
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC
JAVIER B DELGADO
v.
CHIEMI L BOJORQUEZ, et al.
CHIEMI L BOJORQUEZ
23229 W. KIMBERLY DRIVE
BUCKEYE AZ 85326-8618
ARTHUR BOJORQUEZ
23229 W. KIMBERLY DRIVE
BUCKEYE AZ 85326-8618
DAVINA DANA BRESSLER
JUDGMENT ENTERED
The court has received and reviewed the parties’ Stipulation to Entry of Judgment and
Decree of Foreclosure and Order of Sale.
IT IS ORDERED approving and settling the formal written judgment against
Defendants Chiemi L. and Arthur Bojorquez signed by the court May 26, 2015 and filed
(entered) by the clerk on June 2, 2015.
Please note: The court has signed a hard-copy version of the judgment provided with an
electronically filed pleading. Therefore, copies of the judgment and self-addressed, stamped
envelopes were not available for mailing to the parties. After the order has been scanned and
docketed by the clerk of court, copies of this order may be available through ECR Online at
clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the public access terminals at
the clerk of court’s offices located throughout Maricopa County.
FILED: Judgment and Decree of Foreclosure and Order of Sale, signed 5/26/15
