01/09/2014 — CV2012012813 HOMEOWNERS ASSOCIATION, BALLANTRAE RIDGE 01/09/2014 HONORABLE MARIA DEL MAR VERDIN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/13/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-012813
01/09/2014
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARIA DEL MAR VERDIN
M. Nielsen
Deputy
BALLANTRAE RIDGE HOMEOWNERS
ASSOCIATION
JANET E JACKIM
v.
WINDY WALK PROPERTIES L L C, et al.
WINDY WALK PROPERTIES L L C
NO ADDRESS ON RECORD
DAVID E FUNKHOUSER III
MINUTE ENTRY
The Court is in receipt of the Application for Distribution of Excess Proceeds from Sale
of Real Estate Under Execution and Order of Sale on Special Execution, filed 10/17/2013; Bank
Of America’s Response In Opposition To Plaintiff’s Application For Distribution Of Excess
Proceeds, filed 11/5/2013; and Judgment Creditor’s Reply To Bank Of America’s Response To
Judgment Creditor’s Application For Release Of Excess Proceeds, filed 12/9/2013.
The Court is in receipt of the Bank Of America’s Application For Release Of Excess
Proceeds, filed 11/5/2013; Judgment Creditor’s Response To Bank Of America Application For
Release Of Excess Proceeds, filed 11/27/2013; and Reply To Plaintiff's Response To Bank Of
America’s Application For Distribution Of Excess Proceeds, filed 12/11/2013.
The Court has considered the matters presented.
IT IS ORDERED setting Oral Argument on February 28, 2014 at 9:00 a.m. in this
division.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-012813
01/09/2014
Docket Code 094
Form V000A
Page 2
Oral argument shall be limited to thirty (30) minutes with the time divided equally
between the parties. Counsel and the parties, if representing themselves, are to appear in person
before:
THE HONORABLE MARIA DEL MAR VERDIN
MARICOPA COUNTY SUPERIOR COURT
OLD COURTHOUSE
125 WEST WASHINGTON
3RD FLOOR, COURTROOM 303
PHOENIX, AZ 85003
602-506-2603 TEL
If a court reporter is required, the Court must receive a written request at least 48 hours
before the commencement of the proceeding. Failure to timely request a court reporter will be
deemed consent to proceed without a court reporter.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
02/04/2013 — CV2012012813 HOMEOWNERS ASSOCIATION, BALLANTRAE RIDGE 02/04/2013 HONORABLE MARIA DEL MAR VERDIN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/05/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-012813
02/04/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARIA DEL MAR VERDIN
C. Danos
Deputy
BALLANTRAE RIDGE HOMEOWNERS
ASSOCIATION
JASON N MILLER
v.
WINDY WALK PROPERTIES L L C, et al.
WINDY WALK PROPERTIES L L C
NO ADDRESS ON RECORD
DAVID E FUNKHOUSER III
COMM. VATZ
MINUTE ENTRY
This division has received Plaintiff’s e-filed Application/Affidavit for Default Judgment
against Defendant(s) Windy Walk Properties, LLC in the above-captioned case.
IT IS ORDERED that no action will be taken by this division on the above referenced
document(s).
The parties are advised that Commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner
Benjamin E. Vatz
IT IS ORDERED that all documents necessary to support the entry of a default
judgment must be e-filed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-012813
02/04/2013
Docket Code 023
Form V000A
Page 2
Pursuant to Supreme Court Administrative Order No. 2010-117, default judgment
packets are not permitted to be e-filed. Accordingly, parties are directed to hand-deliver a
default coversheet and copies of the necessary filed documents to the Commissioner’s division
for the entry of a default judgment.
IT IS FURTHER ORDERED, no further action will be taken by the assigned
Commissioner until the necessary filed documents and coversheet are delivered to the division.
PLEASE NOTE: If/when a party files a pleading within 48 hours of a scheduled event,
the party should also e-mail same to the Court’s Judicial Assistant at the following:
[email protected]
NOTE: COUNSEL SHALL UPLOAD AND E-FILE ALL PROPOSED ORDERS
IN WORD FORMAT ONLY TO ALLOW FOR POSSIBLE MODIFICATIONS BY THE
COURT.
The parties/counsel can find the default judgment coversheet on the Court’s website at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/forms.asp
The parties/counsel can find additional information in the form of frequently asked
questions at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDol.asp
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
02/28/2014 — CV2012012813 HOMEOWNERS ASSOCIATION, BALLANTRAE RIDGE 02/28/2014 HONORABLE MARIA DEL MAR VERDIN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/06/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-012813
02/28/2014
Docket Code 020
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARIA DEL MAR VERDIN
M. Nielsen
Deputy
BALLANTRAE RIDGE HOMEOWNERS
ASSOCIATION
JANET E JACKIM
v.
WINDY WALK PROPERTIES L L C, et al.
WINDY WALK PROPERTIES L L C
NO ADDRESS ON RECORD
DAVID E FUNKHOUSER III
MINUTE ENTRY
Courtroom 303 – Old Courthouse
9:04 a.m. This is the time set for Oral Argument on Application for Distribution of
Excess Proceeds from Sale of Real Estate Under Execution and Order of Sale on Special
Execution, filed on October 17, 2013; Ban of America’s Response in Opposition to Plaintiff’s
Application for Distribution of Excess Proceeds, filed on November 5, 2013; and Judgment
Creditor’s Reply to Bank of America’s Response to Judgment Creditor’s Application for Release
of Excess Proceeds, filed on December 9, 2013.
Bank of America’s Application for Release of Excess Proceeds, filed on November 5,
2013; Judgment Creditor’s Response to Bank of America Application for Release of Excess
Proceeds, filed on November 27, 2013; and Reply to Plaintiff’s Response to Bank of America’s
Application for Distribution of Excess Proceeds, filed on December 11, 2013.
Plaintiff is represented by counsel, Janet E. Jackim and Roger Owers. Defendant Bank of
America, N A is represented by counsel, David E. Funkhouser and Lyzzette M. Bullock.
Defendant Windy Walk Properties LLC representative Doug Metz is present.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-012813
02/28/2014
Docket Code 020
Form V000A
Page 2
Court Reporter, Hilda Lopez, is present.
Oral argument is presented.
IT IS ORDERED taking this matter under advisement.
9:21 a.m. Matter concludes.
Effective April 15, 2014 new civil rules and forms are in effect for managing cases
moving to trial. Be sure to review the new Civil Rules 16, 26, 37, 38, 72 through 74 and 77.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
04/09/2014 — CV2012012813 HOMEOWNERS ASSOCIATION, BALLANTRAE RIDGE 04/09/2014 HONORABLE MARIA DEL MAR VERDIN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/11/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-012813
04/09/2014
Docket Code 926
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARIA DEL MAR VERDIN
M. Nielsen
Deputy
BALLANTRAE RIDGE HOMEOWNERS
ASSOCIATION
JANET E JACKIM
v.
WINDY WALK PROPERTIES L L C, et al.
DAVID E FUNKHOUSER III
UNDER ADVISEMENT RULING
This matter came before the Court for Oral Argument on February 28, 2014 regarding
Ballantrae Ridge Homeowners Association’s Application for Distribution of Excess Proceeds
from Sale of Real Estate Under Execution Order of Sale on Special Execution, filed October 17,
2013; and Bank of America’s Application for Release of Excess Proceeds, filed November 5,
2013. The matter was taken under advisement.
The Court has considered the matters presented including the motions, responses and
replies filed, the authority cited and the argument of counsel.
A Sheriff’s sale was conducted on the property on September 12, 2013 as a result of a
judgment of foreclosure in favor of Ballantrae. Excess proceeds from the sale were in the
amount of $4, 716.06 which were deposited with the Maricopa County Superior Court Clerk.
The Home Owners’ Association argues that the lien foreclose should be treated as a
special execution under A.R.S. 12-1562 and that they are entitled to the excess proceeds. The
Bank argues that under A.R.S. s 33-1807(A), lien foreclosures are treated as mortgages and any
excess monies should be disbursed to the Bank.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-012813
04/09/2014
Docket Code 926
Form V000A
Page 2
The Court is persuaded by the Bank’s position that priority in this case, under the
circumstances presented is governed by A.R.S. s 33-727(A). The Bank is entitled to the excess
proceeds as the next lien holder in priority.
IT IS ORDERED denying Plaintiff Ballantrae Ridge Homeowners Association’s
Application for Distribution of Excess Proceeds from Sale of Real Estate Under Execution Order
of Sale on Special Execution, filed October 17, 2013; granting the Bank of America’s
Application for Release of Excess Proceeds, filed November 5, 2013; and directing that
Maricopa County Superior Court Clerk distribute excess proceeds in the amount of $4,716.06 to
Bank of America.
IT IS FURTHER ORDERED that Counsel shall submit and lodge an order form for the
Court’s consideration no later than May 1, 2014.
Effective April 15, 2014 new civil rules and forms are in effect for managing cases
moving to trial. Be sure to review the new Civil Rules 16, 26, 37, 38, 72 through 74 and 77.
05/03/2013 — CV2012012813 HOMEOWNERS ASSOCIATION, BALLANTRAE RIDGE 05/03/2013 HONORABLE MARIA DEL MAR VERDIN View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/07/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-012813
05/03/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARIA DEL MAR VERDIN
J. LaMarsh
Deputy
BALLANTRAE RIDGE HOMEOWNERS
ASSOCIATION
JASON N MILLER
v.
WINDY WALK PROPERTIES L L C, et al.
DAVID E FUNKHOUSER III
MINUTE ENTRY
The Court is in receipt of Plaintiff’s Motion for Summary Judgment on Lien Priority and
Plaintiff’s Separate Statement of Facts in Support of its Motion for Summary Judgment on Lien
Priority, filed February 27, 2013.
Pursuant to the stipulation filed on April 26, 2013,
IT IS ORDERED that the Motion for Summary Judgment is deemed moot.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
05/15/2014 — CV2012012813 HOMEOWNERS ASSOCIATION, BALLANTRAE RIDGE 05/15/2014 JUDGE PRO TEM COLLEEN L. FRENCH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/20/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-012813
05/15/2014
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
JUDGE PRO TEM COLLEEN L. FRENCH
M. Nielsen
Deputy
BALLANTRAE RIDGE HOMEOWNERS
ASSOCIATION
BALLANTRAE RIDGE HOMEOWNERS
ASSOCIATION
C/O JIM MARLIN TREASURER
25150 N WINDY WALK DR UNIT 26
SCOTTSDALE AZ 85255-8105
v.
WINDY WALK PROPERTIES L L C, et al.
JANET E JACKIM
DAVID E FUNKHOUSER III
MINUTE ENTRY
The Court has received and reviewed Applicant/Claimant’s Bank of America, N.A.
Notice of Filing Proposed Form of Order, filed on April 28, 2014.
Good cause appearing,
IT IS ORDERED granting Bank of America, N.A. Application for Excess Proceeds and
the Maricopa County Treasurer shall release the remaining excess proceeds in the amount of
$4,716.06 to Applicant/Claimant Bank of America, N.A., upon presentation of this order, less a
$30.00 processing fee payable to the Maricopa County Treasurer and a fully executed U.S.
Treasury Form W-9 to the Maricopa County Treasurer pursuant to A.R.S. Sec. 33-812(g).
05/20/2014 — CV2012012813 HOMEOWNERS ASSOCIATION, BALLANTRAE RIDGE 05/20/2014 JUDGE PRO TEM COLLEEN L. FRENCH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/21/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2012-012813
05/20/2014
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
JUDGE PRO TEM COLLEEN L. FRENCH
M. Nielsen
Deputy
BALLANTRAE RIDGE HOMEOWNERS
ASSOCIATION
BALLANTRAE RIDGE HOMEOWNERS
ASSOCIATION
C/O JIM MARLIN TREASURER
25150 N WINDY WALK DR UNIT 26
SCOTTSDALE AZ 85255-8105
v.
WINDY WALK PROPERTIES L L C, et al.
JANET E JACKIM
DAVID E FUNKHOUSER III
MINUTE ENTRY
A clerical error having occurred,
IT IS ORDERED correcting the May 20, 2014 minute entry, second paragraph, to
reflect that the Clerk’s Office shall release the remaining excess proceeds in the amount of
$4,716.06 to Applicant/Claimant Bank of America, N.A., in place of the Maricopa County
Treasurer.
