04/01/2015 — CV2015001332 HORWITZ, RONALD M 04/01/2015 HONORABLE BENJAMIN E. VATZ View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/02/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-001332
04/01/2015
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BENJAMIN E. VATZ
S. Hack
Deputy
RONALD M HORWITZ
JANESSA E KOENIG
v.
MARICOPA COUNTY TREASURER
MINUTE ENTRY
The court has received and considered Applicant Wells Fargo Bank, N.A.’s Application
for Distribution of Excess Sale Proceeds. The court finding that there may be a lien superior to
that of Claimants,
IT IS ORDERED that no action shall be taken on the Application for Distribution of
Excess Sale Proceeds until after the expiration of 180 days after the complaint was filed. See,
PNC Bank v. Cabinetry by Karman, Inc., 230 Ariz. 363, 284 P.3d 874 (2012).
09/17/2015 — CV2015001332 HORWITZ, RONALD M 09/17/2015 COMMISSIONER JAMES R. MORROW View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/18/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-001332
09/17/2015
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER JAMES R. MORROW
S. Stulz
Deputy
RONALD M HORWITZ
JANESSA E KOENIG
v.
MARICOPA COUNTY TREASURER
MARK W WALDRON
MARICOPA COUNTY TREASURER
MINUTE ENTRY
Wells Fargo Bank, N.A., filed its Application for Distribution of Excess Sale Proceeds
seeking release of $11,675.82 to it in accordance with A.R.S. § 33-812. Having determined that
there may be a lien superior to that of Wells Fargo, the Court ordered that no action would be
taken until after the expiration of 180 days after the complaint was filed in accordance with PNC
Bank v. Cabinetry by Karman, Inc., 230 Ariz. 363, 284 P.3d 874 (App. 2012). Minute Entry
filed April 2, 2015. August 11, 2015, was the 180th day after the filing of the complaint. No
competing applications were filed by that date. On August 12, 2015, Wells Fargo filed a Motion
for Summary Disposition of Its Application for Distribution of Excess Sale Proceeds.
A.R.S. § 33-812(J) provides in pertinent part:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-001332
09/17/2015
Docket Code 019
Form V000A
Page 2
If the court finds that a person other than an applicant or respondent has a superior
right to receive the proceeds, the court shall not issue an order on the proceeds
until one hundred eighty days from the date the complaint was filed. At any time
before the expiration of the one hundred eighty day period, an applicant or
respondent may move for a hearing to determine whether the claimed superior
right is valid or enforceable and whether the claim is entitled to receive priority
over the claim of the applicant or respondent. . . . If a response is not filed
within the one hundred eighty day period by the person found by the court to
have a superior right to receive the proceeds, the court shall enter an order
in favor of any applicant or respondent entitled to the proceeds.
(Emphasis added).
After the lapse of the 180 day period, Vineyard Commons Homeowners Association
(Vineyard) filed a document on August 26, 2015, entitled Response to Complaint and Petition
for Release of Surplus Funds from Trustee’s Sale Pursuant to Arizona Revised Statutes Section
33-812. Vineyard provides no explanation in its application as to why it was filed past the 180
day period and no explanation is evident from the record. Jeff (last name illegible) signed on
February 20, 2015, for receipt of the mailing of the complaint and notice of deposit of excess
sale proceeds to Vineyard Commons Homeowners Association. Exhibit A, Trustee’s Affidavit
of Service filed March 19, 2015. Vineyard apparently notified its attorney, as its attorney
expended 3.9 hours of time on the matter as of April 1, 2015. Exhibit A to China Doll Affidavit
filed August 26, 2015. Jeff (last name illegible) signed on March 30, 2015, for receipt of the
mailing of Wells Fargo’s application to Vineyard Commons Homeowners Association. Exhibit
A, Wells Fargo Bank, N.A.’s Affidavit of Service of Its Application for Distribution of Excess
Sale Proceeds filed June 12, 2015. Vineyard againg apparently notified its attorney regarding
Wells Fargo’s application. Exhibit A to China Doll Affidavit filed August 26, 2015 (April 20,
2015, time entry on History Bill). Despite notice, Vineyard did not timely assert a claim in
accordance with the statutory procedure set forth in A.R.S. § 33-812.
IT IS ORDERED granting Wells Fargo’s Motion for Summary Disposition of Its
Application for Distribution of Excess Sale Proceeds.
IT IS FURTHER ORDERED granting Wells Fargo’s Application for Distribution of
Excess Sale Proceeds seeking release of $11,675.82, all in accordance with the formal written
Order Releasing Excess Sale Proceeds signed by the Court on September 17, 2015 and filed
(entered) by the Clerk on September 17, 2015.
IT IS FURTHER ORDERED denying Vineyard Commons homeowners Association’s
Response to complaint and Petition for Release of Surplus Funds from Trustee’s Sale Pursuant to
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-001332
09/17/2015
Docket Code 019
Form V000A
Page 3
Arizona Revised Statutes Section 33-812 as no excess funds remain after the release of funds to
the applicant who timely complied with the statutory requirements.
