Liens & Trustee-Sale Proceeds | A.R.S. § 33-812(g) | CV2011-053961
In this Maricopa County Superior Court proceeding, two homeowners associations and American Savings Life Insurance Company competed for release of proceeds. The court ordered specific payments to Westwind Homeowners Association and Wigwam Creek North Phase 2B Homeowners Association before the remaining balance went to American Savings.
Last updated July 2, 2026. Case: Empire West Title Agency LLC v. Charles Hoskins, Maricopa County Superior Court No. CV2011-053961.
Scope note: This page covers Empire West Title Agency LLC v. Charles Hoskins (Maricopa County Superior Court No. CV2011-053961) as a public Arizona superior-court HOA case guide. It is built from the court’s filed minute entries, including the September 19, 2011 hearing-setting entry and the September 22, 2011 proceeds ruling; the complete set of collected minute entries is available in the source-document index below. Currency caveat: the collected entries end with the September 22, 2011 order distributing proceeds. Superior-court rulings bind only the parties and are not precedent. This page is educational and is not legal advice.
The takeaway
The court resolved competing applications for release of proceeds by ordering payment first to Westwind Homeowners Association, second to Wigwam Creek North Phase 2B Homeowners Association, and then the remaining balance to American Savings Life Insurance Company. The ruling is narrow and procedural; it does not announce a broad HOA lien rule.
Case Participants
Petitioner Side
- Empire West Title Agency LLC (Plaintiff)
Title agency plaintiff listed in the case caption and party table. - Westwind Homeowners Association (Claimant)
Homeowners association claimant that applied for release of proceeds and received a $2,206.11 distribution. - Wigwam Creek North Phase 2B Homeowners Association (Claimant)
Homeowners association claimant that objected to American Savings’ application, filed its own application, and received a $5,208.97 distribution. - Melissa A. Lovonier (Counsel)
Counsel who appeared for Westwind Homeowners Association and Wigwam Creek North Phase 2B Homeowners Association at the September 22, 2011 hearing.
Respondent Side
- Charles Hoskins (Defendant)
Defendant listed in the caption and party table; no appearance was made by him at the September 22, 2011 hearing. - American Savings Life Insurance Company (Claimant)
Claimant that applied for release of proceeds and received the remaining balance after the two homeowners-association distributions. - Gove L. Allen (Counsel)
Counsel who appeared for American Savings Life Insurance Company at the September 22, 2011 hearing.
Neutral Parties
- Michael R. McVey (Judge)
Maricopa County Superior Court judge who heard the competing applications and ordered the proceeds distribution.
What happened
Empire West Title Agency LLC filed this Maricopa County Superior Court case against Charles Hoskins. The collected minute entries are limited to competing applications for release of proceeds involving Westwind Homeowners Association, Wigwam Creek North Phase 2B Homeowners Association, and American Savings Life Insurance Company.
On September 19, 2011, the court reviewed American Savings’ application for release of proceeds under A.R.S. § 33-812(g), Wigwam Creek’s objection to that application, Wigwam Creek’s own application for release of proceeds, and Westwind’s application for release of proceeds. The court set an in-person hearing for September 22, 2011.
At the September 22 hearing, Melissa A. Lovonier appeared for Wigwam Creek and Westwind, and Gove L. Allen appeared for American Savings. No other parties appeared. The court heard argument on the competing applications and took the matter under advisement.
Later that same minute entry, the court stated that it had considered the applications, oral argument, and Weaver v. Tri City Credit Bureau. It then directed the Maricopa County Treasurer to release $2,206.11 to Westwind Homeowners Association, $5,208.97 to Wigwam Creek North Phase 2B Homeowners Association, and the remaining balance to American Savings Life Insurance Company.
The minute entries do not contain broader analysis of HOA assessment liens, CC&Rs, foreclosure priority, or association governance. This page therefore treats the case as a narrow example of homeowners associations participating as claimants in a proceeds-distribution proceeding.
Procedural timeline
Complete uploaded source-document index
This index is generated from every public-facing source file currently present in assets/court_case_downloads/empire-west-title-agency-v-charles-hoskins/raw/: 2 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.
Minute Entry
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Ruling
Type: Court order/minute entry
Ruling directing the Maricopa County Treasurer to release $2,206.11 to Westwind Homeowners Association, $5,208.97 to Wigwam Creek North Phase 2B Homeowners Association, and the remaining balance to American Savings Life Insurance Company.
FAQ
What was this case about?
The collected minute entries show competing applications for release of proceeds under A.R.S. § 33-812(g). Two homeowners associations and American Savings Life Insurance Company each sought money from the proceeds being held by the Maricopa County Treasurer.
Which homeowners associations received money?
Westwind Homeowners Association received $2,206.11, and Wigwam Creek North Phase 2B Homeowners Association received $5,208.97.
Who received the remaining balance?
The court ordered the remaining balance paid to American Savings Life Insurance Company after the two homeowners associations received their specified distributions.
Did the court interpret the HOA CC&Rs?
No. The minute entries do not quote or analyze CC&Rs. The ruling resolves the distribution of proceeds among claimants; it does not decide an architectural-review, records, election, governance, or CC&R-interpretation dispute.
Is this a must-read HOA case?
No. It is a standard, narrow proceeds-distribution case. It is useful because it shows homeowners associations appearing as claimants, but the ruling does not provide broad analysis of HOA law.
Is this ruling precedent?
No. Superior-court rulings bind only the parties and are not precedent. This page summarizes the public minute entries for educational use.
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 / citation | CV2011-053961 (Maricopa County Superior Court) |
|---|---|
| Court / tribunal | Superior Court |
| Decision / key date | September 22, 2011 |
| Judge / panel | Hon. Michael R. McVey |
| Parties | Empire West Title Agency LLC (Plaintiff) v. Charles Hoskins (Defendant); Westwind Homeowners Association, Wigwam Creek North Phase 2B Homeowners Association, and American Savings Life Insurance Company (Claimants) |
| Topics | liensforeclosureassessmentsprocedure |
| Outcome / holding | The superior court ordered trustee-sale proceeds distributed first to Westwind Homeowners Association in the amount of $2,206.11, second to Wigwam Creek North Phase 2B Homeowners Association in the amount of $5,208.97, and then the balance to American Savings Life Insurance Company. |
| Primary public source | View source opinion/order |
Parties, Court, and Research Coverage
| Uploaded source package | 2 PDFs |
|---|---|
| Step-by-step docket roadmap | 5 roadmap entries |
| Video overview | No video embed currently configured |
| Study / briefing material | 1 section |
| FAQ / homeowner questions | 6 questions |
| Curated download aliases | 1 download link |
Key Issues & Findings
Empire West Title Agency LLC filed a Maricopa County Superior Court proceeding involving Charles Hoskins and competing applications for release of proceeds. Westwind Homeowners Association, Wigwam Creek North Phase 2B Homeowners Association, and American Savings Life Insurance Company each sought proceeds under A.R.S. § 33-812(g). After a September 22, 2011 hearing, the court considered the applications, oral argument, and Weaver v. Tri City Credit Bureau, then directed the Maricopa County Treasurer to release $2,206.11 to Westwind Homeowners Association first, $5,208.97 to Wigwam Creek North Phase 2B Homeowners Association second, and the remaining balance to American Savings Life Insurance Company.
The court had before it American Savings’ application for release of proceeds under A.R.S. § 33-812(g), Wigwam Creek North Phase 2B Homeowners Association’s objection to that application and its own application, and Westwind Homeowners Association’s application. It set a short in-person hearing on those competing applications and required counsel or parties to appear.
At the September 22, 2011 hearing, counsel appeared for Wigwam Creek and Westwind, and counsel appeared for American Savings. The court heard argument, took the matter under advisement, and later stated that it had considered the applications, the oral argument, and Weaver v. Tri City Credit Bureau. The resulting order gave the two homeowners associations priority distributions in specific dollar amounts before directing the remaining balance to American Savings.
This is a narrow, routine proceeds-distribution ruling, but it shows homeowners associations participating as claimants in an A.R.S. § 33-812(g) excess-proceeds proceeding. The court did not publish a broad rule about HOA liens or assessment enforcement; it simply resolved the competing applications and ordered specific payments from the Maricopa County Treasurer.
For HOA readers, the practical takeaway is that association claims can appear in trustee-sale surplus litigation alongside lender or insurer claims, and the actual distribution order matters. As a superior-court minute-entry ruling, this binds only the parties and is not precedent.