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Maricopa County Superior Court Case CV2015-013865: public docket details, parties, minute entries, documents, and official source links for Grayhawk Community Association.

Case Number

CV2015-013865

County

Maricopa

Caption

Not captured

Filed

12/15/2015

Case Type

Civil

Judge

Mata, Julie

Location

Downtown

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/10/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

02/07/2017

Docket Code 376
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JO LYNN GENTRY
M. King

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

CASE CONTINUED ON DISMISSAL CALENDAR

The Court is in receipt of Plaintiff’s Notice of settlement and Request for Stay, filed on
December 27, 2016. Accordingly,

IT IS ORDERED granting the Motion and continuing this matter on the Dismissal
Calendar for dismissal on October 01, 2017.

This matter will be dismissed without further notice unless prior to that date a proper
Judgment is entered or filed, a Stipulation for Dismissal is presented, or a Joint Report is filed.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/06/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

03/05/2018

Docket Code 049
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
B. Randhawa

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BARBARA J FORDE

MARC J FINDSEN
7279 E ADOBE DR
STE D - 120
SCOTTSDALE AZ 85255
COURT ADMIN-CIVIL-ARB DESK
COURT ADMIN-CIVIL-CCC

MINUTE ENTRY

Due to the Judgment electronically signed by the Court on March 1, 2018 and filed by the
Clerk on March 2, 2018 not including the necessary attachments,

IT IS ORDERED striking the Judgment electronically signed by the Court on March 1,
2018 and filed by the Clerk on March 2, 2018.

IS FURTHER ORDERERED approving and setting the formal Amended Judgment
signed by the Court on March 2, 2018 and filed by the Clerk on March 5, 2018.

Please note: The Court has signed a paper copy of the Amended Judgment which was
originally provided electronically. Therefore, copies of the Amended Judgment and self-
addressed, stamped envelopes are not available for mailing to the parties. After the Amended
Judgment has been scanned and docketed by the Clerk of Court, copies of this Amended

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

03/05/2018

Docket Code 049
Form V000A
Page 2

Judgment will be available through the ECR online at www.clerkofcourt.maricopa.gov or
through www.AZTurboCourt.gov and from the Public Access Terminals at the Clerk of Court’s
offices located throughout Maricopa County.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/14/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

03/09/2016

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JO LYNN GENTRY
B. Randhawa

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

MINUTE ENTRY

The Court has received and considered Findsen Defendants’ Motion to Dismiss for Lack
of Jurisdiction and For Failure to State a Claim Upon Which Relief Can Be Granted, Plaintiff’s
Response and Findsen Defendants’ Reply thereto,

IT IS ORDERED denying Findsen Defendants’ Motion to Dismiss for Lack of
Jurisdiction and For Failure to State a Claim Upon Which Relief Can Be Granted.

Clerk of the Superior Court

*** Electronically Filed ***

03/15/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

03/13/2019

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
D. Charbagi

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BARBARA J FORDE

MARC J FINDSEN
24424N 80TH PL
SCOTTSDALE AZ 85255
JUDGE MROZ

MINUTE ENTRY

The court has received the Court of Appeals Mandate filed on March 13, 2019, in which
the Court of Appeals vacated paragraph 6 of the Amended Judgment, and remanded the case for
further proceedings. Based on the Mandate,

IT IS ORDERED that Plaintiff shall file a Second Amended Judgment that is consistent
with the Court of Appeals’ decision by no later than April 15, 2019.

Clerk of the Superior Court

*** Electronically Filed ***

03/25/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

03/16/2020

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID W. GARBARINO
L. Brown

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

KATHRYN A BATTOCK
EMILIE S BELL
COMM. GARBARINO

MINUTE ENTRY

IT IS ORDERED setting a Telephonic Oral Argument Re: Findsen Defendants’
Application for Release of Excess Sale Proceeds on April 10, 2020 at 9:00 a.m., (time allotted:
30 minutes), in this Division:

Maricopa County Superior Court
East Court Building
101 West Jefferson
Courtroom 813
Phoenix, AZ 85003

IT IS FURTHER ORDERED that parties may appear telephonically for the above
scheduled event. The parties are directed to contact this division at least five minutes prior
to the hearing (602-372-2403). Beth K. Findsen shall coordinate the conference call. All
parties appearing telephonically must be joined in a single conference call and be prepared to
hold until called to testify.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

03/16/2020

Docket Code 094
Form V000A
Page 2

NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any proceeding
in which a court reporter is not mandated by Arizona Supreme Court Rule 30, the party must
submit a written request to the assigned judicial officer at least ten (10) judicial days in advance
of the hearing, and must pay the authorized fee to the Clerk of the Court at least two (2) judicial
days before the proceeding. The fee is $140 for a half-day and $280 for a full day.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

04/12/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

04/06/2017

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JO LYNN GENTRY
P. Culp

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

STATUS CONFERENCE SET

The Court having received Plaintiff’s Motion to Enforce Settlement Agreement and
Request for Attorneys’ Fees, filed on February 17, 2017,

IT IS ORDERED setting a Status Conference on May 5, 2017 at 9:30 a.m. (time
allotted: 30 minutes), in this division.

HONORABLE JO LYNN GENTRY
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
Phone: 602-372-3091

Clerk of the Superior Court

*** Electronically Filed ***

04/13/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

04/10/2020

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID W. GARBARINO
L. Brown

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

KATHRYN A BATTOCK
EMILIE S BELL
COMM. GARBARINO

MINUTE ENTRY

Courtroom: ECB 813.

9:07 a.m. This is the time set for a Telephonic Oral Argument regarding competing
applications for release of excess proceeds. Applicant, Beth Findsen is present telephonically on
her own behalf. Applicant, Global Proceeds, LLC is represented telephonically by counsel,
Emilie Bell. No other parties are present.

A record of the proceedings is made digitally in lieu of a court reporter.

Discussion is held regarding priority.

Based upon the matters presented,

IT IS ORDERED taking this matter under advisement.

9:38 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/08/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

05/05/2017

Docket Code 029
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JO LYNN GENTRY
C. Mai

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

D&C MATERIALS-CSC

MINUTE ENTRY

East Court Building – Courtroom 414

9:28 a.m. This is the time set for a Status Conference to discuss Plaintiff’s Motion to
Enforce Settlement Agreement and Request for Attorneys’ Fees filed on February 17, 2017.
Plaintiff, US Bank National Association, is represented by counsel, Craig Carson Hoffman.
Defendants, Beth K. Findsen and Marc J. Findsen, are present and represented by counsel, Beth
K. Findsen.

A record of the proceedings is made digitally in lieu of a court reporter.

Discussion is held regarding the Settlement Agreement signed on December 20, 2016 and
Plaintiff’s Motion to Enforce Settlement Agreement and Request for Attorneys’ Fees. Counsel
for Defendants request an extension for Strike Date because of pleadings filed.

The Court directs counsel for Plaintiff to speak to the Plaintiff about extending the Strike
Date by 60 days.

Based on the discussion held on the record,

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

05/05/2017

Docket Code 029
Form V000A
Page 2

IT IS ORDERED directing the Clerk of Court to seal Motion to Enforce Settlement and
Request for Attorneys’ Fees filed on February 17, 2017 not to be opened without further order of the
Court.

IT IS ORDERED directing the Clerk of Court to seal Defendants’ Response to Motion to
Enforce Settlement and Request for Attorney’s Fee filed on March 3, 2017 not to be opened without
further order of the Court.

IT IS ORDERED directing the Clerk of Court to seal Reply in Support of Motion to Enforce
Settlement Agreement and Request for Attorneys’ Fees filed on March 10, 2017 not to be opened
without further order of the Court.

9:41 Matter concludes.

Clerk of the Superior Court

*** Electronically Filed ***

05/22/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

05/21/2019

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
D. Charbagi

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BARBARA J FORDE

MARC J FINDSEN
24424N 80TH PL
SCOTTSDALE AZ 85255
JUDGE MROZ

MINUTE ENTRY

The Court has received the following: (1) Plaintiff’s Notice Of Lodging Of Proposed Form
Of Judgment and Notice Of Lodging Of Declaration Of Dorothy J. Thomas, both filed on April
10, 2019; (2) Marc Findsen’s Objections To Proposed Form Of Judgment Or In The Alternative
Defendandts [Sic[ Emergency Motion To Intervene For Judicial Notice Of False Records
Produced By Plaintiff In Court filed on April 18, 2019; (3) Beth Findsen’s Objections To (1)
Declaration Of Dorothy J. Thomas; And (2) Proposed Form Of Judgment filed on April 19, 2019;
(4) Plaintiff’s Responses to Marc Findsen and Beth Findsen’s Objections filed on April 30, 2019;
and (5) Notice Of Lodging Of Modified Proposed Form Of Judgment and Notice Of Lodging Of
Declaration Of Dorothy J. Thomas, both filed on April 30, 2019.

The Court first addresses Marc Findsen’s Emergency Motion To Intervene. Mark Findsen
is already a party to this case. There is no need for him to intervene. Accordingly,

IT IS ORDERED denying Marc Findsen’s Emergency Motion To Intervene.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

05/21/2019

Docket Code 023
Form V000A
Page 2

As to Plaintiff’s Proposed Form of Judgment and Declaration Of Dorothy J. Thomas filed
on April 10, 2019, those were superseded by Plaintiff’s Modified Proposed Form of Judgment and
Declaration Of Dorothy J. Thomas filed on April 30, 2019. The Court did not receive any timely
objections to the Modified Proposed Form of Judgment and Declaration Of Dorothy J. Thomas
filed on April 30, 2019.

IT IS ORDERED approving the Plaintiff’s Modified Proposed Form of Judgment filed
on April 30, 2019.

Clerk of the Superior Court

*** Electronically Filed ***

05/29/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

05/27/2020

Docket Code 926
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID W. GARBARINO
L. Brown

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

KATHRYN A BATTOCK
EMILIE S BELL
COMM. GARBARINO

MINUTE ENTRY

Pending before the Court are dueling Applications for Release of Excess Proceeds
resulting from a Sheriff’s Sale. The amount at issue on deposit with the Clerk of Court is
$31,063.58. Defendants/Applicants Beth and Marc J. Findsen (collectively, the “Findsens”) are
the former owners of the property sold by the Sheriff (the “property”). Applicant Global
Proceeds, LLC (“Global”) claims to be the holder of a note once secured by a deed of trust
recorded against the property and senior to the Findsens’ interests in the property (now reduced
to excess proceeds).
In their Objection to Global’s Application for Release of Excess Proceeds, the Findsens
argue in part that Global failed to adequately demonstrate its interest in the property. The Court
agrees. The documents offered by Global seemingly would demonstrate that Global has an
interest in the excess proceeds, but Global did not offer an affidavit or declaration authenticating
the documents offered. For this reason, the Court concludes that Global is not entitled to recover
the excess proceeds at this time.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

05/27/2020

Docket Code 926
Form V000A
Page 2

The Findsens also argue that the Default Judgment entered against Global’s alleged
predecessor-in-interest bars Global’s recovery of the excess proceeds. This argument has no
merit. A junior lienholder’s interest in excess proceeds are not extinguished by the foreclosure of
a senior interest. See A.R.S. §§ 12-1562(A), 33-727(B); Vista Santa Fe Homeowners Ass'n v.
Millan, 1 CA-CV 18-0609, 2019 WL 5152257, at *2 (App. Oct. 15, 2019); Restatement (Third)
of Property (Mortgages) § 7.4 (1997). “[L]iens and other interests terminated by the foreclosure
attach to the surplus in order of the priority they enjoyed prior to the foreclosure.” Restatement
(Third) of Property (Mortgages) § 7.4. The Court rejects the Findsens’ argument to the contrary.
Also, for the same reasons, the Court rejects the Findens’ anti-deficiency arguments.
Lastly, the Court considered the Findsens’ argument that the statute of limitations barred
Global’s claim to the excess proceeds. As the Court of Appeals has noted, a “demand of a full
payment before all installments fall due constitutes a sufficiently affirmative act of acceleration.”
Andra R Miller Designs LLC v. US Bank NA, 244 Ariz. 265, 270, ¶ 15, 418 P.3d 1038, 1043
(App. 2018), review denied (July 3, 2018). The declaration of Mr. Findsen supports the claim
that Global’s predecessors-in-interest demanded full payment more than six years ago.
Nevertheless, Global has not had an opportunity to cross-examine Mr. Findsen about his
declarations. Accordingly, before the Court concludes that the statute of limitation has run based
upon Mr. Findsen’s statement, Global should be given an opportunity to cross-examine Mr.
Findsen on the record. Accordingly,
IT IS ORDERED setting a forty-five minute video hearing on June 10, 2020 at 11:15
a.m., before this Division for the Applicants to offer testimony and exhibits for the Court’s
consideration regarding (1) the authenticity of the documents submitted by Global and (2)
whether demands for full payment were made by Global’s predecessors in interest more than six
years ago. The time allotted for the hearing will be divided evenly between the applicants.
The parties shall use the following information to call into and connect to the hearing
from a computer, tablet or smartphone:
https://global.gotomeeting.com/join/134503029
You can also dial in using your phone.
(For supported devices, tap a one-touch number below to join instantly.)
United States: +1 (646) 749-3112
- One-touch: tel:+16467493112,,134503029#
Access Code: 134-503-029

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

05/27/2020

Docket Code 926
Form V000A
Page 3

Join from a video-conferencing room or system.
Dial in or type: 67.217.95.2 or inroomlink.goto.com
Meeting ID: 134 503 029
Or dial directly: [email protected] or 67.217.95.2##134503029
New to GoToMeeting? Get the app now and be ready when your first meeting starts:
https://global.gotomeeting.com/install/134503029

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/02/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

06/01/2016

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JO LYNN GENTRY
C. EWELL

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

COMM. MORROW

MINUTE ENTRY

This division has received Plaintiff’s Application for Entry of Default e-filed
May 27, 2016 against Defendant E*Trade Financial Corporation 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
Morrow.

IT IS ORDERED that all documents necessary to support the entry of a default
judgment must be e-filed.

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.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

06/01/2016

Docket Code 023
Form V000A
Page 2

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.

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/howDoI.asp

Clerk of the Superior Court

*** Electronically Filed ***

06/18/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

06/13/2019

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
D. Charbagi

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BARBARA J FORDE

MARC J FINDSEN
24424 N 80TH PL
SCOTTSDALE AZ 85255
JUDGE MROZ

MINUTE ENTRY

The Court has received the following from Defendant Marc Findsen: (1) Motion for Rule
11 Sanctions filed on May 13, 2019; (2) Motion for Reconsideration or in the alternative Renewal
of Objection to Proposed Order filed on May 28, 2019; (3) Notice of Lodging of Modified Motion
for Rule 11 Sanctions filed on May 30, 2019; and (4) Motion for Judicial Notice filed on May 30,
2019.

The Court notes that this Court entered a final judgment on May 21, 2019. To the extent
that the Court has jurisdiction to rule, the Court finds that Marc Findsen’s various motions and
notices are without good cause.

IT IS ORDERED denying Defendant Marc Findsen’s: (1) Motion for Rule 11 Sanctions
filed on May 13, 2019; (2) Motion for Reconsideration or in the alternative Renewal of Objection
to Proposed Order filed on May 28, 2019; (3) Notice of Lodging of Modified Motion for Rule 11
Sanctions filed on May 30, 2019; and (4) Motion for Judicial Notice filed on May 30, 2019.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/23/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

06/21/2016

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JO LYNN GENTRY
P. Roe/A. Quintana

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

ORAL ARGUMENT SET

The Court has received Plaintiff’s Motion to Dismiss Findsen Defendants’
Counterclaims, filed on April 18, 2016,

Accordingly,

IT IS ORDERED setting Oral Argument on July 26, 2016 at 8:30 a.m. (time allotted:
30 minutes with the time divided equally between the parties), before:

HONORABLE JO LYNN GENTRY
MARICOPA COUNTY SUPERIOR COURT
EAST COURT BUILDING
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-3091

NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any proceeding

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

06/21/2016

Docket Code 094
Form V000A
Page 2

in which a court reporter is not mandated by Arizona Supreme Court Rule 30, the party must
submit a written request to the assigned judicial officer at least ten (10) judicial days in advance
of the hearing, and must pay the authorized fee to the Clerk of the Court at least two (2) judicial
days before the proceeding. The fee is $140 for up to three hours and $280 for any hearing in
excess of three hours. This fee does not include preparation of transcripts.

Should you want an unofficial copy of the proceedings, the parties or counsel may
request a CD of the proceedings for a $30.00 charge. If a CD is requested, please obtain a form
from the Self Service Center to request a daily copy of a court hearing or trial proceeding being
conducted. Pay the applicable fee at the Self Service Center. Attach the receipt showing
payment of the fee and present both the receipt and the form to the bailiff. For copies of
hearings or trial proceedings recorded previously, please call Electronic Records Services
at 602-506-7100.

PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.

Clerk of the Superior Court

*** Electronically Filed ***

07/01/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

06/29/2020

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID W. GARBARINO
L. Brown

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

KATHRYN A BATTOCK
EMILIE S BELL
E*TRADE FINANCIAL CORPORATION
NO ADDRESS ON RECORD
COMM. GARBARINO

MINUTE ENTRY

Courtroom: ECB 813.

1:50 p.m. This is the time set for a Telephonic Status Conference regarding pending
Applications for Release of Excess Proceeds. Applicants Beth Findsen and Mark Findsen are
present telephonically on their own behalf. Applicant Global Proceeds, LLC is represented
telephonically by counsel, Emilie Bell. No other parties are present.

A record of the proceedings is made digitally in lieu of a court reporter.

Discussion is held regarding the applications for excess proceeds.

Based upon the matters presented,

IT IS ORDERED taking this matter under advisement.

2:36 p.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/29/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

07/26/2016

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JO LYNN GENTRY
B. Randhawa

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

MINUTE ENTRY

East Court Building – Courtroom 414

8:34 a.m. This is the time set for Oral Argument on Plaintiff’s Motion to Dismiss Findsen
Defendants’ Counterclaims filed April 18, 2016. Plaintiff, US Bank National Association is
represented by counsel, Craig Carson Hoffman. Defendants, Beth Findsen and Marc J. Findsen,
are present and represented by counsel, Beth Findsen.

A record of the proceedings is made digitally in lieu of a court reporter.

Argument is presented to the Court.

Based upon matters presented to the Court,

IT IS ORDERED taking this matter under advisement.

9:10 a.m. Matter concludes.

Clerk of the Superior Court

*** Electronically Filed ***

08/17/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

08/14/2020

Docket Code 926
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID W. GARBARINO
L. Brown

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

KATHRYN A BATTOCK
EMILIE S BELL
COMM. GARBARINO

MINUTE ENTRY

As explained in the Court’s minute entry filed on May 29th, pending before the Court are
dueling Applications for Release of Excess Proceeds resulting from a Sheriff’s Sale. The amount
remaining on deposit with the Clerk of Court is $31,063.58. Defendants/Applicants Beth and
Marc J. Findsen (collectively, the “Findsens”) are the former owners of the property sold by the
Sheriff (the “property”). Applicant Global Proceeds, LLC (“Global”) claims to be the holder of a
note once secured by a deed of trust recorded against the property and senior to the Findsens’
interests.
In their Objection to Global’s Application for Release of Excess Proceeds, the Findsens
argue in part that Global failed to adequately demonstrate its interest in the property. The Court
agreed. The documents offered by Global seemingly appeared to demonstrate that Global had an
interest in the excess proceeds, but Global did not offer an affidavit or declaration authenticating
the documents offered. The Findsens also argue that the statute of limitations barred Global’s
claim to the excess proceeds. As the Court of Appeals has noted, a “demand of a full payment
before all installments fall due constitutes a sufficiently affirmative act of acceleration.” Andra R
Miller Designs LLC v. US Bank NA, 244 Ariz. 265, 270, ¶ 15, 418 P.3d 1038, 1043 (App. 2018),

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

08/14/2020

Docket Code 926
Form V000A
Page 2

review denied (July 3, 2018). The declaration of Mr. Findsen supported the claim that Global’s
predecessors-in-interest demanded full payment more than six years ago. Nevertheless, Global
had not had an opportunity to cross-examine Mr. Findsen about his declarations.
To allow the parties to properly develop and litigate the two issues, i.e., (1) the
authenticity of the documents submitted by Global and (2) whether demands for full payment
were made by Global’s predecessors in interest more than six years ago, the Court set and held a
hearing on June 29th. The minute entry setting the hearing stated that the hearing was an
opportunity “to offer testimony and exhibits” in support of their applications. Prior the hearing,
Global submitted a Notice of Filing Affidavit of Kamran Baghbeh, and the Findsens filed an
objection thereto. At the hearing, the Court received testimony of Marc J. Findsen. The
applicants offered no other evidence during the hearing.
Global rests its claim on the Affidavit of Kamran Baghbeh (“Baghbeh”). Apparently, in
the development of its case, it became apparent to Global that there was a gap in the chain of title
between the original lender and Global. Global attempts to cure that gap with an instrument titled
“Gap Assignment of Deed of Trust” and an email from Sharita Benton, Director, Credit Risk
Operations, E*Trade Financial Corporation. As the Findsens objections to the Affidavit of
Kamran Baghbeh demonstrate, Global’s claimed interest in the excess proceeds has evidentiary
deficiencies. For example, Baghbeh does not have the personal knowledge regarding the records
of Global’s purported predecessor’s interest, and Global did not offer certified copies of those
records. Further, there are valid questions about the need for the Gap Assignment of Deed of
Trust, who signed that instrument, and what authority that person had to sign the Gap
Assignment of Deed of Trust. Yet, Global did not offer a witness for the hearing, or submit any
exhibits. The email from Ms. Benton is hearsay. For these reasons, the Court concludes that
Global failed to demonstrate a clean chain of title that would permit it to recover the excess
proceeds.
Further, while Mr. Findsen’s testimony was not conclusive as to whether demands for
full payment were made by Global’s predecessors in interest, his testimony was uncontested.
The Court finds that it is more likely than not that Global’s predecessors in interest did make a
demand(s) for full payment.
Accordingly,
IT IS ORDERED denying Global’s Application for Release of Excess Proceeds.
IT IS FURTHER ORDERED granting the Findsens’ Application for Release of Excess
Sale Proceeds.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/06/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

09/05/2017

Docket Code 376
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
B. Randhawa

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

CASE CONTINUED ON DISMISSAL CALENDAR

The Court is in receipt of Plaintiff’s Motion to Continue Case on Dismissal Calendar and
Motion for Expedited Consideration both filed September 1, 2017. Accordingly,

IT IS ORDERED granting Plaintiff’s Motions and continuing this matter on the
Dismissal Calendar for dismissal on December 20, 2017. This matter will thereafter be
dismissed without further notice, unless prior to that date a proper Judgment is entered or filed, a
Stipulation for Dismissal is presented, or a Joint Report is filed.

Michael K. Jeanes, Clerk of Court

*** Filed ***

09/27/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

09/26/2016

Docket Code 926
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JO LYNN GENTRY
M. King/A. Quintana

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

UNDER ADVISEMENT RULING

Plaintiff U.S. Bank National Association as Trustee for Adjustable Rate Mortgage Trust
2004-2 Adjustable Rate Mortgage-Backed Pass-Through Certificates, Series 2004-2 (“Plaintiff
Trust”), acting by and through its Attorney in Fact PNC Bank, N.A. (“PNC Bank”), filed a
Motion to Dismiss Defendant Beth Findsen’s and Defendant Marc J. Findsen’s (the “Findsens”
or “Defendants”) Counterclaims.

In 2004, Defendants entered into a loan transaction with National City Mortgage Co.
(“National City”), evidenced by an Adjustable Rate Note (“Note”) in the original principal
amount of $281,000, payable by Defendants to National City (the “Loan”). The Note was
secured by a Deed of Trust (along with the Note, the “Loan Documents”) executed by the
Defendants for the benefit of National City. The Loan’s originator, National City, eventually
merged into PNC Bank. PNC Bank later assigned the Loan and Loan Documents to Plaintiff
Adjustable Mortgage Trust 2004-2 Adjustable Rate Mortgage Backed Pass-Through Certificates
Series 2004-2, but PNC remained the servicer for the Loan.

Defendants thereafter ceased paying on their Loan in June 2011. In 2015, PNC Bank
notified the Findsens of their defaults under the Loan Documents and gave them 30 days to cure
the default. No action was taken to cure the default. Plaintiffs filed a Complaint. In their
Answer, Defendants filed a Counterclaim.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

09/26/2016

Docket Code 926
Form V000A
Page 2

Defendants assert two counterclaims against Plaintiff. First, Defendants claim that
Plaintiff breached the covenant of good faith and fair dealing by trying to foreclose on an invalid
deed of trust. Second, Defendants assert a quiet title claim/improper recording claim against
Plaintiff Trust because Plaintiff Trust purportedly filed fraudulent documents to cloud
Defendants’ purported title to the Property.

In the Motion to Dismiss, Plaintiffs raise numerous arguments and factual disputes with
the Counterclaims of Defendants. One issue raised is Defendants claim that, pursuant to the
Truth in Lending Act, 15 U.S.C. §§ 1635(a), (f), they rescinded the Loan in 2009. As a result,
Defendants argue that “[t]he Deed of Trust is void and does not secure the Subject Property.
There can therefore be no legal foreclosure judgment because there is no security interest.”
Plaintiffs argue first, that the statutory provisions relied upon by Defendants in making their
recission argument contain limited time periods in which a borrower can attempt to rescind a
qualifying loan. Pursuant to 15 U.S.C. § 1635(a):

the obligor shall have the right to rescind the transaction until midnight of the third
business day following the consummation of the transaction or the delivery of the
information and rescission forms required under this section together with a statement
containing the material disclosures required under this subchapter, whichever is later, by
notifying the creditor, in accordance with regulations of the Bureau, of his intention to do
so. 15 U.S.C. § 1635(a)

Plaintiffs argue that the notice of right to cancel/rescission forms and requisite disclosures
were provided to and signed by Defendants on August 9, 2004, the same day the Loan was
issued. Consequently, any purported right to rescind the Loan transaction expired three business
days thereafter, or at midnight on August 12, 2004. Plaintiffs further argue that even if the
original lender had not provided the disclosures, there is a statutory catch-all expiration of a
borrower’s right to rescind a loan transaction. 15 U.S.C. § 1635(d), entitled “Time limit for
exercise of right,” states unequivocally that:

A obligor’s right of rescission shall expire three years after the date of consummation of
the transaction or upon the sale of the property, whichever occurs first, notwithstanding
the fact that the information and forms required under this section or any other
disclosures required under this part have not been delivered to the obligor . . . .
15 U.S.C. § 1635(d) (emphasis added).

Plaintiffs argue therefor that the Defendants’ purported right to rescind the Loan
transaction expired on August 9, 2007, three years after the Loan was issued.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

09/26/2016

Docket Code 926
Form V000A
Page 3

Plaintiffs further maintain that Defendants rely exclusively on 15 U.S.C. § 1635 but this
statute is inapplicable to both “(1) a residential mortgage transaction as defined in section
1602(w) of this title; [and] (2) a transaction which constitutes a refinancing or consolidation
(with no new advances) of the principal balance then due and any accrued and unpaid finance
charges of an existing extension of credit by the same creditor secured by an interest in the same
property.” 15 U.S.C. § 1635(e); see also Infante v. Bank of Am. Corp., 680 F. Supp. 2d 1298,
1306 (S.D. Fla. 2009), aff'd, 468 F. App'x 918 (11th Cir. 2012) (“As both parties correctly
acknowledge, the TILA-based right to rescission does not apply to ‘residential mortgage
transactions.’”).

The Court agrees that residential mortgages are an exception to the right of rescission and
because Defendants refinanced their purchase money Deed of Trust with the underlying Loan,
Defendants’ assertion that their unilateral “rescission” created a void security instrument is
legally incorrect.

IT IS ORDERED dismissing this claim from the Counterclaim.
Second, Defendants complain that the assignment of the Deed of Trust to Plaintiff was
ineffective because the Assignment of Deed of Trust was recorded in 2012, when PNC Bank
lacked any interest in the Deed of Trust capable of assignment.

Defendants assert that the assignment of the Loan to Plaintiff Trust failed because the
“Assignment was void because it failed to happen on or before October 28, 2004.” Defendants’
allegation that the assignment of the Loan to Plaintiff Trust in 2004 was void because it failed to
happen before October 28, 2004 is not factual, but instead is a naked and unsupported legal
conclusion that need not be accepted as true. See Jeter v. Mayo Clinic Arizona, 211 Ariz. 386,
389, 121 P.3d 1256, 1259 (App. 2005) (a court need not accept as true allegations in complaint
that are merely unsupported conclusions).

Plaintiffs maintain that there is no requirement that for a transfer or assignment of a loan
to be effective, there must be a contemporaneous recordation of such a transfer or assignment.
See In re Vasquez, 228 Ariz. 357, 359, 266 P.3d 1053, 1055 (2011).

In the In re Vasquez case, there was an assignment of the Note from one mortgage
company to another in 2005, but the assignment itself was not recorded until November 2008. Id.
at 358, 266 P.3d at 1054. When the borrower complained that the assignment did not occur
contemporaneously with the recordation thereof, the Arizona Supreme Court, sitting En Banc,
ruled that there was no requirement for an assignment of a note or deed of trust to be recorded in
order for such an assignment to be valid. Id. at 359, 266 P.3d at 1055 (“Thus, while the failure to
record an assignment of a deed of trust might leave an assignee unprotected against claims by
some purchasers or creditors, it does not affect a deed’s validity as to the obligor.”). Implicit in

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

09/26/2016

Docket Code 926
Form V000A
Page 4

this holding is the notion that a transfer or assignment of a loan need not be accompanied by a
contemporaneous recordation of that transfer or assignment.

Without a requirement for a contemporaneous recording of a transfer or assignment of a
loan, Defendants’ argument that PNC lacked any interest in the Loan to assign in 2012 is
incorrect.

IT IS ORDERED dismissing this claim from the Counterclaim.

Defendants also complain that PNC Bank refused to accept payments that Defendants
attempted to make on the Loan. Defendants claim that PNC, U.S. Bank’s agent, directly
prevented the Findsens from paying by (1) returning more than one of the Findsens’ regular
payments, when they were current; and by (2) refusing to identify the Note Holder, required to
be notified before a prepayment could be made.

Plaintiffs argue that PNC is separate from U.S. Bank National Association as Trustee for
Adjustable Rate Mortgage Trust 2004-2 Adjustable Rate Mortgage-Backed Pass Through
Certificates, Series 2004-2 and therefore this claim must be asserted against PNC Bank, the
servicer for the Loan. Defendants argue that PNC Bank acted as an agent for the Plaintiff Trust
pursuant to the Power of Attorney attached to Plaintiff’s Complaint. If Plaintiff can prove that
PNC refused payments on the loan, the agency arrangement between PNC and Plaintiff may be
sufficient to allow the counterclaim to stand on this issue.

IT IS ORDERED denying the Motion to Dismiss as to this one issue.

/s/ Hon. Jo Lynn Gentry
______________________________________
HONORABLE JO LYNN GENTRY
JUDGE OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

10/06/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

10/05/2016

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JO LYNN GENTRY
B. Randhawa

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

ALTERNATIVE DISPUTE
RESOLUTION - CCC

ORDER SIGNED

REFERRAL TO ALTERNATIVE DISPUTE RESOLUTION (ADR)

IT IS ORDERED approving/granting the Joint Scheduling Report electronically filed on
June 2, 2016, all in accordance with the formal written Scheduling Order electronically signed by
the Court on July 26, 2016, 2016 and entered (filed) by the clerk on September 26, 2016.

Pursuant to the Scheduling Order,

IT IS ORDERED setting a telephonic Trial Status/Scheduling Conference on January
30, 2017 at 9:00 a.m. Counsel for Plaintiff shall initiate the call by arranging the presence of all
parties and contacting this division at 602-372-3091.

Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped
envelopes were not available for mailing to the parties. After the order has been scanned and
docketed by the Clerk of Court, copies of this order may be available through ECR Online at

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

10/05/2016

Docket Code 023
Form V000A
Page 2

clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public Access Terminals
at the Clerk of Court’s offices located throughout Maricopa County.

At request of counsel and good cause appearing,

IT IS ORDERED this case is referred to the Court’s Alternative Dispute Resolution
Office for the appointment of a Judge Pro Tempore to conduct a settlement conference. Counsel
and/or the parties will receive a minute entry from ADR appointing the Judge Pro Tempore.
Counsel and any “pro per” parties will contact the appointed Judge Pro Tempore to arrange the
date, time and location for the settlement conference. The Judge Pro Tempore is requested to
conduct a settlement conference not later than December 27, 2016. The Office of Alternative
Dispute Resolution will not do the scheduling of the settlement conference so please do not
contact that office.

All counsel and their clients, or non-lawyer representatives who have full and
complete authority to settle this case, shall personally appear and participate in good faith
in this settlement conference even if no settlement is expected.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/02/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

11/01/2016

Docket Code 070
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JO LYNN GENTRY
M Neves

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

KENNETH L FIELDS
ALTERNATIVE DISPUTE
RESOLUTION - CCC

MINUTE ENTRY

Judge KENNETH FIELDS is appointed to conduct a Settlement Conference and to enter
stipulated orders in this matter, pursuant to Rule 16, A.R.C.P.

A Settlement Conference shall be held at Alternative Dispute Resolution, Downtown
Justice Center, 620 W. Jackson St., Suite 2049 (2nd Floor), Phoenix, AZ 85003 on December
20, 2016 at 9:00 a.m. All parties and their counsel (if parties are represented), shall appear in
person at the Settlement Conference. All Settlement Conference participants should expect to
attend the Settlement Conference for at least three hours, and docket their calendars accordingly.

Pursuant to Maricopa County Local Rule 3.11, counsel are to submit mediation/
settlement conference memorandum no later than 5:00 p.m. on December 13, 2016 by e-
mail to: [email protected] or [email protected]. This memorandum SHALL
NOT be filed with the Clerk of Court. Parties shall exchange the memoranda with each other, or
with the consent of all parties, furnish the memoranda sealed to the Settlement Judge.

The Settlement Conference Memorandum shall include the following information:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

11/01/2016

Docket Code 070
Form V000A
Page 2

1. A general description of the issues in the lawsuit, and each party’s position with
respect to each issue;

2. A general description of the evidence each party intends to present, with respect to
each issue stated in item 1;

3. A summary of all settlement negotiations that have previously occurred;

4. An assessment by each party of the anticipated result if the matter did proceed to trial;
and

5. Any other information each party believes would be helpful to the settlement process.

All motions to continue the scheduled Settlement Conference shall be brought before the
Settlement Judge with a copy of the motion to be provided to Alternative Dispute Resolution
(ADR). If a continuance is granted, the requesting party shall provide a signed copy of the Order
to ADR. Any pre-trial motions shall be brought before the judge permanently assigned to the
case.

Any agreement the parties enter into, which is memorialized by the Settlement Judge
shall be considered a binding agreement, in accordance with Rule 80(d), A.R.C.P.

Failure to comply with this Court Order may result in the imposition of court
sanctions, pursuant to Rule 16(f) A.R.C.P.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/09/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

11/08/2017

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
J. Eaton

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

RULING

The Court has considered Defendants’ Motion For Expedited Relief In Advance Of
November 19, 2017 Strike Date filed on October 11, 2017, and Plaintiff’s Response filed on
October 20, 2017. Defendants did not file a Reply. The Court does not need oral argument to
decide this Motion. The Court agrees with Plaintiff’s argument.

IT IS ORDERED denying Defendants’ Motion For Expedited Relief In Advance Of
November 19, 2017 Strike Date filed on October 11, 2017.

Plaintiff has requested attorneys’ fees for having to respond to Defendants’ Motion. The
Court notes that Plaintiff has also filed a Motion for Rule 11 Sanctions related to this
Motion. The Court will decide whether to award attorneys’ fees when it decides the Motion for
Rule 11 Sanctions.

The Court has also read Judge Gentry’s May 5, 2017 minute entry referenced in both
Defendants’ Motion for Expedited Relief and Plaintiff’s Response. This minute entry did not
reflect Judge Gentry’s ruling regarding Plaintiff’s Motion to Enforce Settlement Agreement and
Request for Attorneys’ Fees filed on February 17, 2017. Judge Gentry ruled as follows:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

11/08/2017

Docket Code 019
Form V000A
Page 2

THE COURT: Okay, Well, my inclination is to hold the parties to the December
20th settlement. Whether you can flesh it out anymore or not, it sounds like there’s
at least a binding agreement. And I’ll order that however many of these pleadings
need to be sealed so that we can minimize any damage.

To clear up the record,

IT IS ORDERED amending the May 5, 2017 minute entry to reflect that the Court
granted Plaintiff’s Motion to Enforce Settlement Agreement filed on February 17, 2017.

Clerk of the Superior Court

*** Electronically Filed ***

11/19/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

11/15/2019

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID W. GARBARINO
L. Brown

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BARBARA J FORDE

MARC J FINDSEN
24424 N 80TH PL
SCOTTSDALE AZ 85255
COMM. GARBARINO

MINUTE ENTRY

IT IS ORDERED setting a Telephonic Status Conference in this matter on December 11,
2019 at 11:00 a.m., (time allotted: 15 minutes), in this division:

Maricopa County Superior Court
East Court Building
101 West Jefferson
Courtroom 813
Phoenix, AZ 85003

IT IS FURTHER ORDERED that parties may appear telephonically for the above
scheduled event. The parties are directed to contact this division at least five minutes prior
to the hearing (602-372-2403). Kathryn Battock shall coordinate the conference call. All
parties appearing telephonically must be joined in a single conference call and be prepared to
hold until called to testify.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

11/15/2019

Docket Code 028
Form V000A
Page 2

The call should be placed from a telephone in an area with no background noise as this
will prevent the parties from hearing the proceedings in the courtroom. The call may not be
placed from a vehicle. Also, the use of cellular telephones to call into the hearing is strongly
discouraged.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/17/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

11/16/2017

Docket Code 099
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
S. Brown

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

MARC JAMES FINDSEN
24424 N 80TH PL
SCOTTSDALE AZ 85255
DOCKET-CIVIL-CCC

WITHDRAWAL OF COUNSEL

The Court has reviewed and considered Defendants’ counsel’s Emergency Motion to
Withdraw as Counsel and Request for Expedited Ruling, filed on November 14, 2017. Good
cause appearing,

IT IS ORDERED granting the Emergency Motion to Withdraw as Counsel and allowing
Beth K. Findsen and the law firm of Beth K. Findsen, PLLC to withdraw as counsel of record for
Defendant Marc J. Findsen for all further proceedings, in accordance with the formal written
Order signed by the Court on November 15, 2017, and filed (entered) by the Clerk on
November 17, 2017.

IT IS FURTHER ORDERED that Defendant Marc J. Findsen shall be prepared to
represent himself in all upcoming hearings and trials in this case or will obtain another attorney
and will not ask for a continuance on the basis of his/her late appearance in the case.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

12/04/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

12/01/2017

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
B. Randhawa

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

MARC J FINDSEN
24424N 80TH PL
SCOTTSDALE AZ 85255

RULING

The Court has considered Defendant Marc Findsen’s “Motion to Clarify Order for
Expedited Relief (Amended Motion) Urgent” filed on November 17, 2017 and “Motion to
Clarify Order for Expedited Relief (Amended Motion) Urgent” filed on November 21, 2017.
These Motions appear to be the same motion except that the Motion filed on November 21, 2017
has an Exhibit attacjed. The Court has also considered Plaintiff’s Response filed on November
28, 2017. The Court does not need a Reply or oral argument to decide the motions.

IT IS ORDERED denying Defendant Marc Findsen’s “Motion to Clarify Order for
Expedited Relief (Amended Motion) Urgent” filed on November 17, 2017 and “Motion to
Clarify Order for Expedited Relief (Amended Motion) Urgent” filed on November 21, 2017.
The Court’s ruling is clear and does not need clarification. To the extent that Defendant Marc
Findsen is seeking answers as to the legal effect of the Court’s ruling denying Defendants’
Motion For Expedited Relief in Advance of November 19, 2017 Strike Date, he is free to retain
an attorney. The Court does not give legal advice.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

12/01/2017

Docket Code 019
Form V000A
Page 2

ATTENTION SELF-REPRESENTED LITIGANTS: Unless an attorney files a notice
that he or she represents a party, the person(s) not represented by an attorney will act as his or
her own attorney. The law requires the court to hold all persons representing themselves to
the same standard as a licensed attorney. Self-represented litigants are encouraged to review
the Arizona Rules of Civil Procedure, paying particular attention to Rule 26. Please note that
only a licensed attorney may represent a corporation, LLC, or similar business entity in the
Superior Court. Ramada Inns v. Lane & Bird Advertising, 102 Ariz. 127, 426 P.2d 395
(1967).

Before the judge can consider anything you send her, you must show her that you have
given a copy of your request:

1. To the Clerk of the Court. The Clerk of the Court is a separately elected official. It is
the clerk’s job to keep an independent record of everything that happens at the
court. The court cannot act on a document that has not been made a part of that
record; and

2. To every other party involved in the case. This is so all parties have a fair chance to
tell the judge what they think before she makes a decision.

Because of that, if you want the judge to consider something you send her, you must file
the original document with the Clerk of the Superior Court, mail or deliver a copy
directly to this division (that is, to the judge, using her specific courtroom address)

HONORABLE JUDGE ROSA MROZ
101 W. JEFFERSON
4TH FLOOR, COURTROOM 414
PHOENIX, AZ 85003
602-372-0384

and mail or deliver a copy to all opposing parties. In addition, on each document you
must include a signed certificate that says whether you mailed or hand delivered each
copy, when you did so, and states the specific people and the specific addresses to which
you mailed or hand delivered each copy. If a party is represented by a lawyer, you must
send or deliver the copy to the lawyer, not to the party. All proposed orders submitted to
this division must include copies of the order with self-addressed, stamped envelopes for
all parties/counsel.

Do not mail or send papers for the clerk or other parties to the judge.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

12/01/2017

Docket Code 019
Form V000A
Page 3

If you want to file papers with the Clerk of the Court by mail, please send them to:

Clerk of the Superior Court’s Office
Civil File Counter
201 W. Jefferson
Phoenix, AZ 85003

The clerk’s guidelines for filing by mail can be found at:

http://www.clerkofcourt.maricopa.gov/filing-by-mail.asp

If you are not represented by a lawyer you must contact this division immediately and
give us a current address and telephone number. If your address or phone number changes in the
future, you must file a notice of change of address/phone number. That form can be downloaded
at no charge from the following website:

http://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter/

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

12/11/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

12/07/2017

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
L. Brown/B. Randhawa

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BARBARA J FORDE

MARC J FINDSEN
24424N 80TH PL
SCOTTSDALE AZ 85255

RULING

The Court has considered Plaintiff’s Motion for Rule 11 Sanctions filed on November 7,
2017, Defendant Beth Findsens’ Response filed on December 1, 2017, and Plaintiff’s Reply filed
on December 6, 2017. Defendant Marc Findsen did not file a Response. The Court does not
need oral argument to decide this issue.

While the Court agrees with Plaintiff that Defendants’ Motion for Expedited Relief in
Advance of November 19, 2017 Strike Date is essentially a repetition of arguments Defendants
made in their Response to Plaintiff’s Motion to Enforce Settlement Agreement, the Court does
not find that Beth Findsen intentionally violated Rule 11. Part of the problem is that Judge
Gentry’s ruling on Plaintiff’s Motion to Enforce Settlement Agreement was not explicit. At the
May 5, 2017 oral argument on Plaintiff’s Motion to Enforce Settlement Agreement, Judge
Gentry stated:

THE COURT: Okay, Well, my inclination is to hold the parties to
the December 20th settlement. Whether you can flesh it out
anymore or not, it sounds like there’s at least a binding

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

12/07/2017

Docket Code 019
Form V000A
Page 2

agreement. And I’ll order that however many of these pleadings
need to be sealed so that we can minimize any damage.

The minute entry of the hearing did not reflect Judge Gentry’s ruling regarding Plaintiff’s
Motion to Enforce Settlement Agreement. However, it did state that the “Court directs counsel
for Plaintiff to speak to the Plaintiff about extending the Strike Date by 60 days.” The Strike
Date is in fact one of the terms of the settlement agreement. If Judge Gentry did not intend to
grant Plaintiff’s Motion to Enforce Settlement Agreement, there would be no need for the parties
to discuss extending the Strike Date. That directive, plus Judge Gentry’s statement, is indicative
that Judge Gentry implicitly granted Plaintiff’s Motion to Enforce Settlement Agreement.
Although Plaintiff and this Court find Judge Gentry’s ruling to be clear, it is possible that
Defendants did not find the ruling to be clear. On this record, this Court cannot sanction Ms.
Findsen for a Rule 11 violation.

IT IS ORDERED denying Plaintiff’s Motion for Rule 11 Sanctions filed on November
7, 2017.

This Court has independently considered Plaintiff’s Motion to Enforce Settlement
Agreement, Defendants’ Response and Plaintiff’s Reply. The Court would also have granted
Plaintiff’s Motion to Enforce Settlement Agreement. To make it abundantly clear to all parties,
the Court agrees with Plaintiff’s arguments contained in that Motion and rejects the arguments
asserted by Defendants in their Response. This Court specifically rejects Defendants’ argument
that the settlement agreement was not enforceable because it did not list the “entire amount
determined due” for the judgment for judicial foreclosure under A.R.S. § 33-725. At the time of
Plaintiff’s Motion to Enforce Settlement Agreement, that argument was premature. A judicial
foreclosure may never happen if Defendants sold the property by the Strike Date. Furthermore,
the Settlement Agreement specifies what amount Plaintiff should receive if the property sold by
the Strike Date, and does not state that it would be a different amount if Plaintiff was to acquire a
judgment for judicial foreclosure.

IT IS ORDERED affirming that Plaintiff’s Motion to Enforce Settlement Agreement
filed on February 17, 2017 is granted.

Clerk of the Superior Court

*** Electronically Filed ***

12/16/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

12/12/2019

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID W. GARBARINO
L. Brown

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

KATHRYN A BATTOCK
COMM. GARBARINO

MINUTE ENTRY

The Court has received and reviewed Plaintiff’s Motion to Postpone Telephonic Status
Conference.

IT IS ORDERED postponing the Telephonic Status Conference set for December 11,
2019 at 11:00 a.m.

IT IS FURTHER ORDERED resetting this Telephonic Status Conference to December
18, 2019 at 11:00 a.m., (time allotted: 15 minutes), in this division:

Maricopa County Superior Court
East Court Building
101 West Jefferson
Courtroom 813
Phoenix, AZ 85003

IT IS FURTHER ORDERED that parties may appear telephonically for the above
scheduled event. The parties are directed to contact this division at least five minutes prior

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

12/12/2019

Docket Code 028
Form V000A
Page 2

to the hearing (602-372-2403). Craig Hoffman shall coordinate the conference call. All parties
appearing telephonically must be joined in a single conference call and be prepared to hold until
called to testify.

The call should be placed from a telephone in an area with no background noise as this
will prevent the parties from hearing the proceedings in the courtroom. The call may not be
placed from a vehicle. Also, the use of cellular telephones to call into the hearing is strongly
discouraged.

Clerk of the Superior Court

*** Electronically Filed ***

12/20/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

12/18/2019

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE DAVID W. GARBARINO
L. Brown

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

KATHRYN A BATTOCK
EMILIE S BELL
COMM. GARBARINO

MINUTE ENTRY

Courtroom: ECB 813.

11:03 a.m. This is the time set for a Telephonic Status Conference regarding pending
Applications for Release of Excess Proceeds. Applicant, Grayhawk Community Association, is
represented telephonically by counsel, Kathryn Battock. Plaintiff, US Bank N.A., is represented
telephonically by counsel, Craig Hoffman. Applicant, Global Proceeds, LLC, is represented
telephonically by counsel, Emilie Bell. Applicants, Mark Findsen and Beth Findsen, are
represented telephonically by counsel, Beth Findsen. No other parties are present.

A record of the proceedings is made digitally in lieu of a court reporter.

Discussion is held regarding mailing requirements and priority.

All Applicants agree to service of further filings by mail and waive service under Rules
4.1 and/or 4.2 of the Arizona Rules of Civil Procedures.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

12/18/2019

Docket Code 005
Form V000A
Page 2

Applicants Beth Findsen, Mark Findsen and Global Proceeds, LLC do not object to
Grayhawk Community Association’s Application.

Based upon the matters presented,

Global Proceeds, LLC may file an Application for Release of Excess Proceeds.

Mark Findsen and Beth Findsen will have 30 days to file an objection to the Application
filed by Global Proceeds, LLC.

Global Proceeds, LLC will have 15 days to file any replies to the objection.

Grayhawk Community Association shall lodge a proposed order consistent with its
Application.

11:09 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

12/20/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

12/19/2016

Docket Code 083
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JO LYNN GENTRY
B. Randhawa

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

TELEPHONIC STATUS/TRIAL SCHEDULING CONFERENCE RESET

Pursuant to the parties’ Stipulated Motion to Amend Scheduling Order filed November 4,
2016,

IT IS ORDERED vacating the Telephonic Status/Scheduling Conference set on
January 30, 2017 at 9:00 a.m. and resetting/continuing same to May 16, 2017 at 9:00 a.m. (time
allotted: 15 minutes), in this division.

NOTE: Counsel for the Plaintiff is to initiate the telephonic conference by first
arranging the presence of all other counsel or self-represented parties on the conference call and
by calling this division at 602-372-3091 at the scheduled time.

NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any proceeding
in which a court reporter is not mandated by Arizona Supreme Court Rule 30, the party must
submit a written request to the assigned judicial officer at least ten (10) judicial days in advance
of the hearing, and must pay the authorized fee to the Clerk of the Court at least two (2) judicial
days before the proceeding. The fee is $140 for up to three hours and $280 for any hearing in
excess of three hours. This fee does not include preparation of transcripts.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

12/19/2016

Docket Code 083
Form V000A
Page 2

Should you want an unofficial copy of the proceedings, the parties or counsel may
request a CD of the proceedings for a $30.00 charge. If a CD is requested, please obtain a form
from the Self Service Center to request a daily copy of a court hearing or trial proceeding being
conducted. Pay the applicable fee at the Self Service Center. Attach the receipt showing
payment of the fee and present both the receipt and the form to the bailiff. For copies of
hearings or trial proceedings recorded previously, please call Electronic Records Services
at 602-506-7100.

PLEASE NOTE: This division requires that all motions, responses, replies and other
Court requested filings in this case must be submitted individually. Counsel shall not combine
any motion with a responsive pleading. All motions are to be filed separately and designated as
such. No pleadings will be accepted if filed in combination with another.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

12/26/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

12/22/2017

Docket Code 376
Form V000A
Page 1

CLERK OF THE COURT
HON. ROSA MROZ
B. Randhawa

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BARBARA J FORDE

MARC J FINDSEN
24424N 80TH PL
SCOTTSDALE AZ 85255

CASE CONTINUED ON DISMISSAL CALENDAR

The Court has considered Plaintiff’s Motion to Remove Case From Dismissal Calendar
and Motion For Expedited Consideration of: Motion To Remove Case From Dismissal Calendar
both filed on December 19, 2017. Good cause appearing,

IT IS ORDERED granting Plaintiff’s Motion for Expedited Consideration of: Motion to
Remove Case From Dismissal Calendar.

IT IS FURTHER ORDERED granting Plaintiff’s Motion to Remove Case From
Dismissal Calendar, which the Court considers to be a motion to continue on the dismissal
calendar.

IT IS FURTHER ORDERED continuing this matter on the Dismissal Calendar for
dismissal on May 1, 2018. This matter will thereafter be dismissed without further notice, unless
prior to that date a proper Judgment is entered or filed, a Stipulation for Dismissal is presented,
or a Joint Report is filed.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

12/28/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

12/27/2017

Docket Code 056
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BARBARA J FORDE

MARC J FINDSEN
24424N 80TH PL
SCOTTSDALE AZ 85255

MINUTE ENTRY

IT IS ORDERED setting a Default Hearing on Plaintiff’s request for default judgment on
January 11, 2018 at 1:30 p.m., before this Court, at the following location:

Maricopa County Superior Court
East Court Building
101 West Jefferson
Courtroom 813
Phoenix, AZ 85003

NOTE: All court proceedings are recorded by audio and video method and not by a
court reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any proceeding
in which a court reporter is not mandated by Arizona Supreme Court Rule 30, the party must
submit a written request to the assigned judicial officer at least ten (10) judicial days in advance
of the hearing, and must pay the authorized fee to the Clerk of the Court at least two (2) judicial
days before the proceeding. The fee is $140 for a half-day and $280 for a full day.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

12/30/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-013865

12/29/2016

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JO LYNN GENTRY
B. Randhawa

Deputy

U S BANK NATIONAL ASSOCIATION
CRAIG CARSON HOFFMAN

v.

BETH FINDSEN, et al.
BETH K FINDSEN

DISMISSAL CALENDAR

The Court has received Plaintiff’s Notice of Settlement and Request for Stay filed
December 27, 2016.

IT IS ORDERED placing this matter on the Dismissal Calendar for dismissal on March
1, 2017, without further notice unless prior to said date Judgment is entered or filed or a
Stipulation for Dismissal is presented.

IT IS FURTHER ORDERED vacating any previous order placing/continuing this matter
on the inactive calendar.

IT IS FURTHER ORDERED any pending motions are hereby deemed moot.

IT IS FURTHER ORDERED vacating the telephonic trial scheduling conference set on
May 16, 2017 at 9:00 a.m. in this division.

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