Tanglewood HOA v. Fagen: Arizona HOA Superior Court Case Guide

HOA Lien Foreclosure | Default Packet | CV2014-094190

The court rejected the association’s lien-foreclosure default packet because the case had already been dismissed and reinstatement had been denied.

Last updated July 2, 2026. Case: Tanglewood HOA v. Molly Fagen, et al., Maricopa County Superior Court No. CV2014-094190.

Scope note: This page covers Tanglewood HOA v. Molly Fagen, et al. (Maricopa County Superior Court No. CV2014-094190) as a public Arizona superior-court HOA case guide. It is built from five filed minute entries, especially the August 11, 2015 dismissal, the January 7, 2016 ruling denying reinstatement, and the February 4, 2016 order rejecting the default packet. Currency caveat: the collected record ends with the February 4, 2016 order. Any later refiling, payment, settlement, or title activity is outside these records. Superior-court rulings bind only the parties and are not precedent. This page is educational and is not legal advice.

The takeaway

An HOA lien-foreclosure default packet is not enough if the case has already been dismissed. The association first needed a successful reinstatement order; without that, the commissioner rejected the default package because there was no pending case in which to enter judgment.

Case Participants

Neutral Parties

  • Tanglewood HOA (Plaintiff)
    Association that filed the lien-foreclosure and money-judgment action.
  • Molly Fagen (Defendant)
    Named defendant in the association’s foreclosure case.
  • Jason Fagen (Defendant)
    Named defendant in the association’s foreclosure case.
  • James Portman Webster (Counsel)
    Counsel listed for Tanglewood HOA in the minute entries.
  • Hon. Robert H. Oberbillig (Judge)
    Judge who dismissed the case and denied the motion to reinstate.
  • Comm. Margaret Benny (Commissioner)
    Commissioner who rejected the default packet after dismissal.

What happened

Tanglewood HOA filed a lien-foreclosure and money-judgment case against the defendants. Early minute entries show the court directing the association to pursue default judgment through the commissioner’s default-judgment process.

In April 2015, the assigned judge noted that the defendants had not answered or otherwise appeared. Because no default judgment had been entered, the court continued the case on the dismissal calendar and warned that unadjudicated claims would be dismissed unless default judgment was entered before the deadline.

No default judgment was entered before the deadline. On August 11, 2015, the court dismissed all unadjudicated claims without prejudice and signed the minute entry as a final Rule 54(c) order.

The association later moved to reinstate the case. On January 7, 2016, the court denied reinstatement because the motion contained no grounds for reinstatement. The next month, Commissioner Benny received the association’s default packet for a lien foreclosure and money judgment, but rejected it because the case had already been dismissed and reinstatement had been denied.

Video overview of the ruling

An AI-generated video overview of Tanglewood HOA v. Fagen (CV2014-094190 (Maricopa County Superior Court)). HOA default packet for lien foreclosure was rejected after the case had already been dismissed. This plain-language summary was generated from the court’s filings; the court’s own ruling controls.

Listen: audio deep dive on the ruling

An AI-generated audio deep dive walking through the court’s reasoning and disposition in Tanglewood HOA v. Fagen. Generated from the case filings; verify against the linked ruling below.

Audio overview generated with Google NotebookLM from the case’s court filings.

Procedural timeline

Step 2014-09-16 The court explains the default-judgment packet process for the association’s application for entry of default.
Step 2015-04-22 The court continues the case on the dismissal calendar unless default judgment is entered by the deadline.
Step 2015-08-11 The court dismisses all unadjudicated claims without prejudice after no default judgment is entered.
Step 2016-01-07 The court denies Tanglewood HOA’s motion to reinstate because the motion states no grounds.
Step 2016-02-04 The commissioner rejects the association’s lien-foreclosure and money-judgment default packet because the case has been dismissed.

Complete uploaded source-document index

This index is generated from every public-facing source file currently present in assets/court_case_downloads/tanglewood-hoa-v-fagen/raw/: 5 PDFs. Files are ordered by the date/sequence embedded in the normalized filename; AI-generated review materials are labeled separately and should not be treated as court filings.

Source 1 2014-09-16

Minute Entry

Type: Court order/minute entry

Court or agency order; this is usually the document that tells readers what changed next.

Download source file
Source 2 2015-04-22

Minute Entry

Type: Court order/minute entry

Court or agency order; this is usually the document that tells readers what changed next.

Download source file
Source 3 2015-08-11

Ruling

Type: Court order/minute entry

Final dismissal minute entry dismissing all unadjudicated claims without prejudice after no default judgment was entered by the dismissal-calendar deadline.

Download source file
Source 4 2016-01-07

Ruling

Type: Court order/minute entry

Ruling denying Tanglewood HOA’s motion to reinstate because the motion contained no grounds for reinstatement.

Download source file
Source 5 2016-02-04

Ruling

Type: Court order/minute entry

Order rejecting Tanglewood HOA’s default packet for lien foreclosure and money judgment because the case had already been dismissed without prejudice.

Download source file

FAQ

Did the HOA obtain a foreclosure judgment in the collected record?

No. The final collected order rejected the association’s default packet because the case had already been dismissed without prejudice.

Why was the case dismissed?

The court had placed the matter on the dismissal calendar and warned that unadjudicated claims would be dismissed unless default judgment was entered by the deadline. No default judgment was entered before that deadline.

Why did the court deny reinstatement?

The January 2016 ruling states that the motion to reinstate contained no grounds for reinstatement.

What did the default-packet order decide?

The commissioner rejected the packet for lien foreclosure and money judgment because the case had been dismissed and reinstatement had been denied.

Is this a broad HOA-law ruling?

No. It is a narrow procedural superior-court order about dismissal, reinstatement, and default-judgment procedure in an HOA lien-foreclosure case.

Why is this case classified as standard?

It involved an HOA lien foreclosure, but the collected record does not include a substantive merits ruling interpreting HOA statutes or governing documents.

Case Dossier

This generated dossier mirrors the structured data surfaced on the OAH/ADRE case pages. It is added from the curated court-case record and the custom page source package, while the hand-authored analysis below remains intact.

Case Summary

Case ID / citationCV2014-094190 (Maricopa County Superior Court)
Court / tribunalSuperior Court
Decision / key dateFebruary 4, 2016
Judge / panelHon. Robert H. Oberbillig, Hon. Mark F. Aceto, Comm. Margaret Benny
PartiesTanglewood HOA (Plaintiff) v. Molly Fagen and Jason Fagen (Defendants)
Topics
foreclosureliensassessmentsprocedure
Outcome / holding

The court denied the association’s motion to reinstate because it stated no grounds for reinstatement. It then rejected the association’s default packet for a lien foreclosure and money judgment because the case had already been dismissed without prejudice.

Primary public sourceView source opinion/order

Parties, Court, and Research Coverage

Uploaded source package5 PDFs
Step-by-step docket roadmap5 roadmap entries
Video overviewTanglewood HOA v. Fagen
Study / briefing material1 section
FAQ / homeowner questions6 questions
Curated download aliases1 download link

Key Issues & Findings

Case Summary

Tanglewood HOA filed a lien-foreclosure and money-judgment case. After the case was dismissed without prejudice for failure to obtain default judgment by the dismissal-calendar deadline, the court denied the association’s motion to reinstate and later rejected its default packet because no case remained pending.

Key Issues & Findings

The April 2015 minute entry put the case on the dismissal calendar because defendants had not answered or otherwise appeared and default judgment had not been entered. The court warned that unadjudicated claims would be dismissed unless default judgment was entered by the new deadline.

No qualifying action was taken before the deadline, so on August 11, 2015 the court dismissed all claims without prejudice under Rule 54(c). When the association later moved to reinstate, the court denied the motion because it contained no grounds for reinstatement. Commissioner Benny then rejected the default packet for lien foreclosure and money judgment because the underlying case had already been dismissed and reinstatement had been denied.

Why It Matters

This case is a narrow procedural reminder for HOA assessment and lien-foreclosure practice: a default packet cannot revive a dismissed case. If an association misses a dismissal-calendar deadline, it needs an adequate basis for reinstatement before default judgment can be considered.

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