01/23/2006 — CV2005093048 COMPANY, RECONTRUST 01/23/2006 HON. MARK F. ACETO View Minute Entry ↑ top
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- Minute Source
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093048
01/23/2006
Docket Code 022
Form J000
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
K. Stone
Deputy
FILED: 01/25/2006
RECONTRUST COMPANY
JEREMY T BERGSTROM
v.
MARICOPA COUNTY TREASURERS OFFICE
BARRY C BECKER
JAVIER B DELGADO
MARICOPA COUNTY TREASURER
MINUTE ENTRY
2:07 p.m. This is the time set for evidentiary hearing on the competing claims for release
of excess proceeds. Counsel, Barry C. Becker, is present on behalf of Applicant Equity
Recovery, LLC. A representative of Equity Recovery, LLC, is present. Counsel, Javier B.
Delgado, is present on behalf of Applicant Villa Charme Townhouse Association. Victoria Stahl
is present.
A record of this proceeding is made by CD and videotape in lieu of a court reporter.
Discussion is held.
IT IS ORDERED that Applicant Equity Recovery, LLC is entitled to the excess proceeds
in the amount of $11,243.62 on deposit with the Maricopa County Treasurer’s Office as a result
of the Trustee’s Sale of the property commonly known as 3045 West Rose Lane, Phoenix,
Arizona 85017, in accordance with the formal written Order Directing Release of Excess
Proceeds modified and signed by the Court on January 23, 2006 and filed by the Clerk on
January 23, 2006.
IT IS ORDERED that Applicant Villa Charme Townhouse Association is entitled to
attorney’s fees and costs in the total amount of $3,481.23 on deposit with the Maricopa County
Treasurer’s Office as a result of the Trustee’s Sale of the property commonly known as 3045
West Rose Lane, Phoenix, Arizona 85017, in accordance with the formal written Amended
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093048
01/23/2006
Docket Code 022
Form J000
Page 2
Order Directing Release of Excess Proceeds modified and signed by the Court on January 23,
2006 and filed by the Clerk on January 23, 2006.
IT IS ORDERED that the Maricopa County Treasurer’s Office, upon presentation of a
certified copy of the Order and the U.S. Treasury Form W-9, is hereby directed to release said
proceeds in the amount of $11,243.62 to Equity Recovery, LLC. The $11,243.62 amount
reflects a deduction for the $30.00 fee due to the Maricopa County Treasurer for the release of
these funds. The $30.00 fee shall be retained by the Maricopa County Treasurer.
IT IS ORDERED that the Maricopa County Treasurer’s Office, upon presentation of a
certified copy of the Order and the U.S. Treasury Form W-9, is hereby directed to release the
amount of $3,481.23 to Villa Charme Townhouse Association. The $3,481.23 amount reflects a
deduction for the $30.00 fee due to the Maricopa County Treasurer for the release of these funds.
The $30.00 fee shall be retained by the Maricopa County Treasurer.
2:40 p.m. Hearing concludes.
PLEASE NOTE: IMPORTANT INFORMATION RE: CD/VIDEOTAPE
FEE CURRENTLY IN EFFECT
This is a JAVS courtroom. All CDs and videotapes 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. Forms to request a
recording of a proceeding are available in the Self-Service Centers and in the JAVS and FTR
courtrooms.
If a party wants a court reporter to record a proceeding in this Court, a written request
must be filed at least 48 hours before the commencement of the proceedings.
A person requesting a daily copy CD or videotape must complete the appropriate request
form and pay the applicable fee at 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 or videotape in the customary manner.
A person wanting a copy of a hearing from a previous occasion must contact Ken
Crenshaw at 602-506-7100.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093048
01/23/2006
Docket Code 022
Form J000
Page 3
08/23/2006 — CV2005093048 COMPANY, RECONTRUST 08/23/2006 HON. MARK F. ACETO View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/24/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093048
08/23/2006
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Brady
Deputy
RECONTRUST COMPANY
JEREMY T BERGSTROM
v.
MARICOPA COUNTY TREASURERS OFFICE
BARRY C BECKER
EARL E BERG
JAMES H HAZLEWOOD
VICTORIA STAHL
4506 W CITRUS WY
GLENDALE AZ 85301
DAVID STAHL
2225 W INDIAN SCHOOL ROAD
#206
PHOENIX AZ 85015
DAVID STAHL
3045 WEST ROSE LANE
PHOENIX AZ 85017
VICTORIA STAHL
3045 WEST ROSE LANE
PHOENIX AZ 85017
VILLA CHARME HOMEOWNER
ASSOCIATION
C/O MUTUAL MANAGEMENT
SERVICES
PO BOX 27008
PHOENIX AZ 85061
FORECLOSURE LISTINGS OF
ARIZONA INC.
PO BOX 13144
SCOTTSDALE AZ 85267-3144
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093048
08/23/2006
Docket Code 056
Form V000A
Page 2
DAVID JOHN STAHL
11414 N 25TH AVE
PHOENIX AZ 85029
FLOA
10115 E BELL RD
STE 107 #451
SCOTTSDALE AZ 85260-2189
MARICOPA COUNTY TREASURER
MINUTE ENTRY
The Court has received an Application for Release of Excess Proceeds to David J. Stahl
and an Application for Release of Excess Proceeds Pursuant to A.R.S. 33-812(E) filed by
Victoria Stahl.
IT IS ORDERED setting hearing on both Applications for October 5, 2006 at 2:30 p.m.
before the Honorable Mark F. Aceto, Courtroom 206, Southeast Superior Courthouse, 222
East Javelina, Mesa, AZ 85210.
09/25/2006 — CV2005093048 COMPANY, RECONTRUST 09/25/2006 HON. MARK F. ACETO View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Filed ***
09/27/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093048
09/25/2006
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Brady
Deputy
RECONTRUST COMPANY
JEREMY T BERGSTROM
v.
MARICOPA COUNTY TREASURERS OFFICE
BARRY C BECKER
EARL E BERG
JAMES H HAZLEWOOD
VICTORIA STAHL
4506 W CITRUS WY
GLENDALE AZ 85301
DAVID STAHL
225 W INDIAN SCHOOL
#206
PHOENIX AZ 85015
DAVID AND VICTORIA STAHL
3045 W ROSE LANE
PHOENIX AZ 85017
VILLA CHARME HOMEOWNERS
ASSN.
C/O MUTUAL MANAGEMENT
SERVICES
PO BOX 27008
PHOENIX AZ 85061
FORECLOSURE LISTINGS OF AZ
PO BOX 13144
SCOTTSDALE AZ 85267
DAVID JOHN STAHL
11414 N 25TH AVE
PHOENIX AZ 85029
FLOA
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093048
09/25/2006
Docket Code 023
Form V000A
Page 2
10115 E BELL RD
STE 107 #451
SCOTTSDALE AZ 85260
MARICOPA COUNTY TREASURER
MINUTE ENTRY
Counsel, Barry Becker, has submitted a “Motion to Appear Telephonically”. This motion
is dated September 7, 2006. This motion relates to a hearing scheduled for October 5, 2006. The
Court makes note of the following.
•
The Court appreciates Mr. Becker taking the time to advise the Court of a
potential conflict.
•
This division would generally give priority to a Superior Court hearing over an
arbitration hearing (absent some special circumstances).
•
The Court cannot rule out the possibility that testimony will be presented at the
October 5 hearing.
•
Given the limitations of the Court’s equipment, telephonic participation by an
attorney in an evidentiary hearing has generally been unsatisfactory to the Court
and the person attempting to participate telephonically.
•
Although the Court is not anxious to continue the above discussed hearing, under
the circumstances known to the Court, if there is a real possibility counsel will not
be able to participate in the hearing, a continuance would be preferred to a
telephonic appearance of counsel.
Under the circumstances,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093048
09/25/2006
Docket Code 023
Form V000A
Page 3
IT IS ORDERED denying counsel’s “Motion to Appear Telephonically”.
DATED this 25th day of September, 2006.
/ s / HON. MARK F. ACETO
JUDICIAL OFFICER OF THE SUPERIOR COURT
10/05/2006 — CV2005093048 COMPANY, RECONTRUST 10/05/2006 HON. MARK F. ACETO View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/06/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093048
10/05/2006
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Brady
Deputy
RECONTRUST COMPANY
JEREMY T BERGSTROM
v.
MARICOPA COUNTY TREASURERS OFFICE
BARRY C BECKER
EARL E BERG
JAMES H HAZLEWOOD
VICTORIA STAHL
4506 W CITRUS WY
GLENDALE AZ 85301
MINUTE ENTRY
3:11 p.m. This is the time set for evidentiary hearing regarding competing applications
for remainder of excess proceeds. Barry Becker participates on behalf of Victoria Stahl. Earl
Berg participates on behalf of David Stahl.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Defendant's exhibit 1 is marked for identification and received in evidence.
Argument is heard regarding competing applications.
IT IS ORDERED taking this matter under advisement.
3:29 p.m. Hearing concludes.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093048
10/05/2006
Docket Code 020
Form V000A
Page 2
PLEASE NOTE: IMPORTANT INFORMATION RE: CD/VIDEOTAPE
FEE CURRENTLY IN EFFECT
This is a JAVS courtroom. In the event a record is made, the Court will provide, upon
request, CDs and videotapes 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. Forms to request a recording of a proceeding are available in the Self-Service Centers and
in the JAVS and FTR courtrooms.
If a party wants a court reporter to record a proceeding in this Court, a written request
must be filed at least 48 hours before the commencement of the proceedings.
A person requesting a daily copy CD or videotape must complete the appropriate request
form and pay the applicable fee at 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 or videotape in the customary manner.
A person wanting a copy of a hearing from a previous occasion must contact Ken
Crenshaw at 602-506-7100.
10/06/2006 — CV2005093048 COMPANY, RECONTRUST 10/06/2006 HON. MARK F. ACETO View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Filed ***
10/18/2006 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093048
10/06/2006
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Brady
Deputy
RECONTRUST COMPANY
JEREMY T BERGSTROM
v.
MARICOPA COUNTY TREASURERS OFFICE
BARRY C BECKER
EARL E BERG
JAMES H HAZLEWOOD
MARICOPA COUNTY TREASURER
MINUTE ENTRY
Applications for release of the remaining excess proceeds in this case have been filed by
both David Stahl (“David”) and Victoria Stahl (“Victoria”). Following a hearing on October 5,
2006, the Court took this matter under advisement.
Normally, entitlement to funds or future payments can be changed by contract, e.g.,
assignment, or by Court order. A.R.S. Sect. 33-812 provides that, after claims of junior
lienholders have been satisfied, any residual excess proceeds shall be paid to the owner of record
at the time of the trustee’s sale. The question presented in this case is this: did the legislature
intend to create a special rule for excess proceeds which prevents reassignment of the right to
excess proceeds through contractual agreement or court order.
In this case, David and Victoria were the owners of record at the time of the trustee’s
sale. At the time of the sale, David and Victoria were married. Earlier in the life of this case,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093048
10/06/2006
Docket Code 019
Form V000A
Page 2
some excess proceeds were released to a lien holder and half of the residual excess proceeds
were released to Victoria. Thereafter, a decree of dissolution of marriage was entered by a
different division of this Court. Excess proceeds in the amount of $11,243.62 remain in the
custody of the County Treasurer. Through the dissolution decree, the remaining $11,243.62 were
awarded to Victoria. The time for appeal has run and the dissolution decree is binding on both
David and Victoria. A technical argument can be made that, since they were married at the time
of the trustee’s sale, the remaining excess proceeds should be released to both David and
Victoria. Another technical argument can be made that the excess proceeds should be released to
David. However, neither argument makes any practical sense.
A.R.S. §33-812(A)(5) provides that residual excess proceeds be released to the owner of
record at the time of the trustee’s sale. Like all statutes, this statute must be applied consistently
with the legislative intent. The legislature clearly did not intend to compel absurd results. For
example, if a former owner of record has assigned his rights to excess proceeds to another, the
excess proceeds should not be distributed to the former owner. Rather, the excess proceeds
should be distributed to the assignee. Similarly, when a binding judgment gives the exclusive
right to excess proceeds to one of two former owners, the excess proceeds should be distributed
to that owner.
It is beyond dispute that a binding judgment has awarded the remaining excess proceeds
to Victoria. Under the circumstances,
IT IS ORDERED granting Victoria’s application. Further,
IT IS ORDERED denying David’s application. Through a separate signed order, the
Court will direct that the County Treasurer release the remaining excess proceeds to Victoria.
DATED this 6th day of October, 2006.
/ s / HON. MARK F. ACETO
JUDICIAL OFFICER OF THE SUPERIOR COURT
12/21/2005 — CV2005093048 COMPANY, RECONTRUST 12/21/2005 HON. MARK F. ACETO View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093048
12/21/2005
Docket Code 056
Form J000
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
K. Stone
Deputy
FILED: 12/29/2005
RECONTRUST COMPANY
JEREMY T BERGSTROM
v.
MARICOPA COUNTY TREASURERS OFFICE
BARRY C BECKER
DAVID JOHN STAHL
11414 N 25 AVE
PHOENIX AZ 85029
DAVID JOHN STAHL
3045 W ROSE LN
PHOENIX AZ 85017
DAVID JOHN STAHL
2225 W INDIAN SCHOOL RD
PHOENIX AZ 85015
VICTORIA STAHL
3045 W ROSE LN
PHOENIX AZ 85018
VILLA CHARME HOA
C/O MUTUAL MGMT SERV, INC
P O BOX 27008
PHOENIX AZ 85061
MINUTE ENTRY
IT IS ORDERED setting a hearing regarding the release of excess proceeds on the
competing claims of Villa Charme Townhouse Association and Equity Recovery, LLC on
January 23, 2006 at 2:00 p.m. in this division, Southeast, Courtroom 206, 222 East Javelina
Drive, Mesa, Arizona.
The Court realizes that there are competing claims. Regarding the application of
Equity Recovery, the Court notes the following. Equity Recovery reports that Victoria
Stahl assigned her interest in the excess proceeds in question to Equity Recovery. At any
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-093048
12/21/2005
Docket Code 056
Form J000
Page 2
hearing, the Court would expect to meet Victoria Stahl and/or to see the applicable written
assignment agreement. Applicant Equity Recovery will also have to educate the Court
regarding how Victoria Stahl (as opposed to “David John Stahl and Victoria Stahl,
husband and wife as community property”) would be entitled to release to her of the excess
proceeds in question.
DATED the 21st day of December, 2005.
/ s / HON. MARK F. ACETO
JUDICIAL OFFICER OF THE SUPERIOR COURT
