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Maricopa County Superior Court Case CV2015-054659: public docket details, parties, minute entries, documents, and official source links for Crismon Crossing Homeowners Association.

Case Number

CV2015-054659

County

Maricopa

Caption

Not captured

Filed

12/2/2015

Case Type

Civil

Judge

Easterday, Jason

Location

Northeast

Official Court Record

Official Court Record

Parties

Minute Entries

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

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

CV 2015-054659

02/01/2016

Docket Code 023
Form J000
Page 1

CLERK OF THE COURT
COMMISSIONER BRIAN S. REES
L. Carlson

Deputy

FIRST AMERICAN TITLE INSURANCE
COMPANY
JAMIN S NEIL

v.

MARICOPA COUNTY TREASURERS OFFICE

MARC S GLADNER
MICHAEL ANTHONY DENOFRE JR
1135 S AMANDES
MESA AZ 85208
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS INC
PO BOX 2026
FLINT MI 48501-2026
SCME MORTGAGE BANKERS INC
6265 GREENWICH DR #200
SAN DIEGO CA 92122
MORTGAGE ELECRONIC
REGISTRATION SYSTEMS INC
1901 E VOORHEES ST STE C
DANVILLE IL 61834
FIRST AMERICAN TITLE INSURANCE
CO
PO BOX 961254
FORT WORTH TX 76161-0254
WELLS FARGO BANK NA
1 HOME CAMPUS
DES MOINES IA 50306
WELLS FARGO NATIONAL BANK NA
ATTN: MAC T7408-01F
4101 WISEMAN BLVD BLDG 108
SAN ANTONIO TX 78251-4200
USAA FSB

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

02/01/2016

Docket Code 023
Form J000
Page 2

10750 MCDERMOTT FREEWAY
SAN ANTONIO TX 78288-0558
INTEGRATED LOAN SERVICES
600-A N JOHN RODES BLVD
MELBOURNE FL 32934
CRISMON CROSSING HOMEOWNERS
ASSOC
PO BOX 5720
MESA AZ 85211
KELLIE J CALLAHAN
LINDSEY HUNTER
STANLEY M HAMMERMAN
TRI CITY PROPERTY MANAGEMENT
760 S STAPLEY DR
MESA AZ 85204
CURRENT OCCUPANT
1135 S AMANDES
MESA AZ 85208
MICHAEL ANTHONY DENOFRE JR
30425 N SUNRAY DR
SAN TAN VALLEY AZ 85143
MARICOPA COUNTY TREASURER

APPLICATION FOR RELEASE OF EXCESS PROCEEDS

The Court has received the Application for Excess Proceeds by Government
Employees Insurance Company/Response to Complaint filed on January 29, 2016, by
Applicant Government Employees Insurance Company (GEICO)

IT IS ORDERED THAT:
 Applicant shall immediately file a Certificate of Compliance with all service
requirements as required by A.R.S. § 33-812(G).

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

02/01/2016

Docket Code 023
Form J000
Page 3

 Upon the expiration of the deadline for interested parties to file a response to
the Application under A.R.S. § 33-812(I), Applicant shall either: (1) request a
hearing if there are competing claims to the proceeds; or (2) file a notice of
lodging and lodge an appropriate form of order for release of the proceeds.

 If there exists any apparent lien, encumbrance or interest that could have
priority over Applicant, Applicant shall acknowledge the existence of such
lien, encumbrance or interest either in the Application or in a subsequent
filing mailed to all persons who have received a copy of the complaint or filed
a responsive pleading. If a lien, encumbrance or interest with priority over
Applicant’s interest may exist, the Court will not enter an order directing the
Treasurer to release the proceeds until 180 days from the date on which the
Complaint was filed. A.R.S. § 33-812(J).

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/05/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

02/02/2018

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER STEVEN K. HOLDING
T. Pavia

Deputy

FIRST AMERICAN TITLE INSURANCE
COMPANY
JAMIN S NEIL

v.

MARICOPA COUNTY TREASURERS OFFICE
MARICOPA COUNTY TREASURERS
OFFICE
301 W. JEFFERSON, STE. 100
PHOENIX AZ 85003

MARK R ATCHLEY
MARC S GLADNER
JON R HULTGREN
LEONARD J MCDONALD
NIKITA VERMA PATEL
J ROGER WOOD
MICHAEL A DENOFRE, JR.
1840 W. EMELITA AVE. #1160
MESA AZ 85202

MINUTE ENTRY

The Court has received the Application for Release of Excess Proceeds of Sale By
Owner filed on February 1, 2018 by Michael A. Denofre, Jr.

IT IS ORDERED THAT:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

02/02/2018

Docket Code 023
Form V000A
Page 2

 Applicant shall immediately file a Certificate of Compliance with all service
requirements as required by A.R.S. § 33-812(G).

 Upon the expiration of the deadline for interested parties to file a response to
the Application under A.R.S. § 33-812(I), Applicant shall either: (1) request a
hearing if there are competing claims to the proceeds; or (2) file a notice of
lodging and lodge an appropriate form of order for release of the proceeds.

 If there exists any apparent lien, encumbrance or interest that could have
priority over Applicant, Applicant shall acknowledge the existence of such
lien, encumbrance or interest either in the Application or in a subsequent
filing mailed to all persons who have received a copy of the complaint or filed
a responsive pleading. If a lien, encumbrance or interest with priority over
Applicant’s interest may exist, the Court will not enter an order directing the
Treasurer to release the proceeds until 180 days from the date on which the
Complaint was filed. A.R.S. § 33-812(J).

IMPORTANT: The Judge will sign 2 Orders. Claimant is required to
take a certified copy of the signed Order Releasing Excess Proceeds
to the Treasurer’s Office:

(1) Original is hand filed by the courtroom clerk;
(2) Courtroom clerk prepares second signed Order as a certified copy at no
charge. The certified copy is either held for pick up or returned to
counsel/Claimant by mail. Any additional copies are conformed and
returned to Claimant.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

02/10/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

02/09/2016

Docket Code 023
Form J000
Page 1

CLERK OF THE COURT
COMMISSIONER BRIAN S. REES
L. Carlson

Deputy

FIRST AMERICAN TITLE INSURANCE
COMPANY
JAMIN S NEIL

v.

MARICOPA COUNTY TREASURERS OFFICE

MARC S GLADNER
NIKITA VERMA PATEL
MICHAEL DENOFRE JR
1135 S AMANDES
MESA AZ 85208
MICHAEL DENOFRE JR
30425 N SUNRAY DR
SAN TAN VALLEY AZ 85143
USAA FEDERAL SAVINGS BANK
10750 MCDERMOTT FREEWAY
SAN ANTONIO TX 78288-0558
USAA FEDERAL SAVINGS BANK
ATTN: JACOB RODRIGUEZ
1075 MCDERMOTT FREEWAY
SAN ANTONIO TX 78288
USAA FEDERAL SAVINGS BANK C/O
INTEGRATED LOAN SERVICES
600A N JOHN RODES BLVD
MELBOURNE FL 32934
CHARLENE A LAPLANTE
STANLEY M HAMMERMAN
CURRENT OCCUPANT
1135 S AMANDES
MESA AZ 85208
MARICOPA COUNTY TREASURER

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

02/09/2016

Docket Code 023
Form J000
Page 2

APPLICATION FOR RELEASE OF EXCESS PROCEEDS

The Court has received Applicant’s Response to Government Employees
Insurance Company’s Application for Excess Proceeds and Application for
Disbursement of Excess Proceeds filed on February 4, 2016, by Respondent/Applicant
Crismon Crossing Homeowners Association.

IT IS ORDERED THAT:
 Applicant shall immediately file a Certificate of Compliance with all service
requirements as required by A.R.S. § 33-812(G).

 Upon the expiration of the deadline for interested parties to file a response to
the Application under A.R.S. § 33-812(I), Applicant shall either: (1) request a
hearing if there are competing claims to the proceeds; or (2) file a notice of
lodging and lodge an appropriate form of order for release of the proceeds.

 If there exists any apparent lien, encumbrance or interest that could have
priority over Applicant, Applicant shall acknowledge the existence of such
lien, encumbrance or interest either in the Application or in a subsequent
filing mailed to all persons who have received a copy of the complaint or filed
a responsive pleading. If a lien, encumbrance or interest with priority over
Applicant’s interest may exist, the Court will not enter an order directing the
Treasurer to release the proceeds until 180 days from the date on which the
Complaint was filed. A.R.S. § 33-812(J).

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/01/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

02/29/2016

Docket Code 056
Form J000
Page 1

CLERK OF THE COURT
COMMISSIONER BRIAN S. REES
L. Carlson

Deputy

FIRST AMERICAN TITLE INSURANCE
COMPANY
JAMIN S NEIL

v.

MARICOPA COUNTY TREASURERS OFFICE

MARC S GLADNER
LEONARD J MCDONALD
NIKITA VERMA PATEL
MICHAEL DENOFRE JR
1135 S AMANDES
MESA AZ 85208
MICHAEL A DENOFRE JR
30425 N SUNRAY DR
SANTAN VALLEY AZ 85143
USAA FEDERAL SAVINGS BANK
ATTN JACOB RODRIGUEZ
10750 MCDERMOTT FREEWAY
SAN ANTONIO TX 78288-0558
USAA FEDERAL SAVINGS BANK C/O
INTEGRATED LOAN SERVICES
600A N JOHN RODES BLVD
MELBOURNE FL 32934
CHARLENE A LAPLANTE
STANLEY M HAMMERMAN
CURRENT OCCUPANT
1135 S AMANDES
MESA AZ 85208
MARICOPA COUNTY TREASURER

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

02/29/2016

Docket Code 056
Form J000
Page 2

APPLICATION FOR RELEASE OF EXCESS PROCEEDS/HEARING SET

The Court has received Claimant USAA Federal Savings Bank’s Application for
Release of Excess Proceeds filed on February 26, 2016, by Claimant USAA Federal
Savings Bank.

IT IS ORDERED THAT:
 Applicant shall immediately file a Certificate of Compliance with all service
requirements as required by A.R.S. § 33-812(G).

 Upon the expiration of the deadline for interested parties to file a response to
the Application under A.R.S. § 33-812(I), Applicant shall either: (1) request a
hearing if there are competing claims to the proceeds; or (2) file a notice of
lodging and lodge an appropriate form of order for release of the proceeds.

 If there exists any apparent lien, encumbrance or interest that could have
priority over Applicant, Applicant shall acknowledge the existence of such
lien, encumbrance or interest either in the Application or in a subsequent
filing mailed to all persons who have received a copy of the complaint or filed
a responsive pleading. If a lien, encumbrance or interest with priority over
Applicant’s interest may exist, the Court will not enter an order directing the
Treasurer to release the proceeds until 180 days from the date on which the
Complaint was filed. A.R.S. § 33-812(J).

There are three competing Applications for Release of Excess Proceeds in this
matter: 1) Government Employees Insurance Company; 2) Crismon Crossing
Homeowners Association; and 3) USAA Federal Savings Bank. On the Court’s
own motion:

IT IS ORDERED setting a hearing on the Release of Excess Proceeds on June 3,
2016, at 11:00 a.m. before Commissioner Brian Rees at the following location:

Maricopa County Superior Court

Northeast Regional Court Center

18380 N. 40th St. Courtroom 105

Phoenix, AZ 85032

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

02/29/2016

Docket Code 056
Form J000
Page 3

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 ***

03/10/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

03/08/2016

Docket Code 023
Form J000
Page 1

CLERK OF THE COURT
COMMISSIONER BRIAN S. REES
A. Wood

Deputy

FIRST AMERICAN TITLE INSURANCE
COMPANY
JAMIN S NEIL

v.

MARICOPA COUNTY TREASURERS OFFICE

MARC S GLADNER
LEONARD J MCDONALD
NIKITA VERMA PATEL
ALISON H MAZZA
MARICOPA COUNTY TREASURER

MINUTE ENTRY

The Court has received on March 2, 2016, a second filing from applicant, Government
Employees Insurance Company (GEICO), from the Law Firm of Roger M. Sherman. It is noted
that GEICO previously filed an Application for Release of Excess Proceeds on January 29, 2016
by the Law Firm of Crosby & Gladner.

THEREFORE, Counsel needs to advise the Court as to what law firm is representing
GEICO’s interest in the Excess Proceeds. If applicable, a Notice of Substitution of Counsel
should be filed.

It is noted that there are three competing applications for the Release of Excess Proceeds
(not including this recent application of March 2, 2016, which will be two applications for
GEICO).

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

03/08/2016

Docket Code 023
Form J000
Page 2

IT IS FURTHER ORDERED affirming the Excess Proceeds hearing set on June 3, 2016
at 11:00 a.m. before Commissioner Brian Rees on the competing Applications for Release of
Excess Proceeds, at the following location:

Maricopa County Superior Court
Northeast Regional Court Center
Courtroom 105
18380 N. 40th Street
Phoenix, Arizona 85032

IT IS FURTHER ORDERED that the parties shall meet and confer regarding settlement
of the distribution of funds and/or the allocation of time needed at the hearing.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/12/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

05/05/2016

Docket Code 023
Form J000
Page 1

CLERK OF THE COURT
COMMISSIONER BRIAN S. REES
A. Wood

Deputy

FIRST AMERICAN TITLE INSURANCE
COMPANY
JAMIN S NEIL

v.

MARICOPA COUNTY TREASURERS OFFICE

MARC S GLADNER
LEONARD J MCDONALD
NIKITA VERMA PATEL
MICHAEL A DENOFRE JR
1135 SOUTH AMANDES
MESA AZ 85208
MICHAEL A DENOFRE JR
30425 NORTH SUNRAY DRIVE
SAN TAN VALLEY AZ 85143
USAA FEDERAL SAVINGS BANK
10750 MCDERMOTT FREEWAY
SAN ANTONIO TX 78288-0558
USAA FEDERAL SAVINGS BANK
ATTN JACOB RODRIGUEZ
1075 MCDERMOTT FREEWAY
SAN ANTONIO TX 78288
USAA FEDERAL SAVINGS BANK C/O
INTEGRATED LOAN SERVICES
600-A N JOHN RODES BLVD
MELBOURNE FL 32934
CRIMSON CROSSING HOMEOWNERS
ASSOC
PO BOX 5720
MESA AZ 85211
CRIMSON CROSSING HOMEOWNERS
ASSOC C/O TRI CITY PROPERTY
MANAGEMENT

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

05/05/2016

Docket Code 023
Form J000
Page 2

760 S STAPLEY DRIVE
MESA AZ 85204
KELLIE J CALLAHAN
CHARLENE A LAPLANTE
CURRENT OCCUPANT
1135 S AMANDES
MESA AZ 85208
GOVERNMENT EMPLOYEES
INSURANCE CO C/O GEICO GENERAL
INSURANCE CROSBY AND GLADNER
PC
1726 E THOMAS ROAD
PHOENIX AZ 85016-7604
MARICOPA COUNTY TREASURER

MINUTE ENTRY

The Court has received the Application for Release of Excess Proceeds of Sale
filed on May 4, 2016 by Applicant Ishpeming Community Federal Credit Union.

IT IS ORDERED THAT:
 Applicant shall immediately file a Certificate of Compliance with all service
requirements as required by A.R.S. § 33-812(G).

 Upon the expiration of the deadline for interested parties to file a response to
the Application under A.R.S. § 33-812(I), Applicant shall either: (1) request a
hearing if there are competing claims to the proceeds; or (2) file a notice of
lodging and lodge an appropriate form of order for release of the proceeds.

 If there exists any apparent lien, encumbrance or interest that could have
priority over Applicant, Applicant shall acknowledge the existence of such
lien, encumbrance or interest either in the Application or in a subsequent
filing mailed to all persons who have received a copy of the complaint or filed
a responsive pleading. If a lien, encumbrance or interest with priority over

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

05/05/2016

Docket Code 023
Form J000
Page 3

Applicant’s interest may exist, the Court will not enter an order directing the
Treasurer to release the proceeds until 180 days from the date on which the
Complaint was filed. A.R.S. § 33-812(J).

IT IS FURTHER ORDERED setting this application for hearing along with the other
competing applications on June 3, 2016 at 11:00 a.m. before Commissioner Brian Rees at the
following location:

Maricopa County Superior Court
Northeast Regional Court Center
Courtroom 105
18380 N. 40th Street
Phoenix, Arizona 85032

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

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

CV 2015-054659

06/02/2016

Docket Code 003
Form J000
Page 1

CLERK OF THE COURT
COMMISSIONER BRIAN S. REES
A. Wood

Deputy

FIRST AMERICAN TITLE INSURANCE
COMPANY
JAMIN S NEIL

v.

MARICOPA COUNTY TREASURERS OFFICE

MARC S GLADNER
JON R HULTGREN
LEONARD J MCDONALD
NIKITA VERMA PATEL
MICHAEL ANTHONY DENOFRE JR
1135 S AMANDES
MESA AZ 85208
MICHAEL A DENOFRE JR
30425 NORTH SUNRAY DRIVE
SAN TAN VALLEY AZ 85143
MARICOPA COUNTY TREASURER

HEARING RESET

The Court having received Claimant’s Motion to Continue Hearing Regarding the
Release of Excess Proceeds,

IT IS ORDERED granting said request.

IT IS FURTHER ORDERED vacating the hearing set June 3, 2016 and resetting same to
June 10, 2016 at 11:00 a.m. before Commissioner Brian Rees.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

06/02/2016

Docket Code 003
Form J000
Page 2

IT IS FURTHER ORDERED granting Nikita V. Patel’s Expedited Request to Appear
Telephonically at the Excess Proceeds hearing scheduled for June 10, 2016 at 11:00 a.m. by
calling this division at 602-372-3131.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/16/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

06/10/2016

Docket Code 005
Form J000
Page 1

CLERK OF THE COURT
COMMISSIONER BRIAN S. REES
A. Wood

Deputy

FIRST AMERICAN TITLE INSURANCE
COMPANY
JAMIN S NEIL

v.

MARICOPA COUNTY TREASURERS OFFICE

MARC S GLADNER
JON R HULTGREN
LEONARD J MCDONALD
NIKITA VERMA PATEL
J ROGER WOOD
MARICOPA COUNTY TREASURER

MINUTE ENTRY

Courtroom 105-NE

11:20 a.m. This is the time set for hearing on four pending applications for Release of
Excess Proceeds. Appearing telephonically, Counsel Jamin Neil on behalf of Plaintiff First
American Title Insurance Company, Counsel Marc Gladner on behalf of Claimant Government
Employees Insurance Company, Counsel Nikita Patel on behalf of Claimant Crimson Crossing
Homeowners Association, and Counsel James Wood on behalf of Trustor Michael Denofre.
Counsel Jon Hultgren appearing on behalf of Claimant Ishpeming Community Federal Credit
Union. Counsel Leonard McDonald appearing on behalf of Claimant USAA Federal Savings
Bank.

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

Discussion is held.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

06/10/2016

Docket Code 005
Form J000
Page 2

THE COURT FINDS that on agreement of the parties, there is a sufficient fund of
money remaining to pay all of the claims and return some money back to the Trustor (former
owner) Denofre. The priority of claims, therefore, is not relevant.

Without objection the Court determined that 45 days has passed since the last date of
mailing of all of the existing claims. Therefore, Denofre has waived any objections to the
existing claims. Accordingly,

IT IS ORDERED awarding Judgments to GEICO, USAA and Ishpeming as
requested. They make no claims for attorney’s fees.

The Court has a form of Judgment for Ishpeming and issues that Judgment. The Court
notes that it is still awaiting forms of Judgment from USAA and GEICO.

As to the Crimson claim, there are assessments being made that may be
disputed. Likewise, the attorney fees claim is not yet final. In this regard the Trustor and the
HOA will confer and a Judgment will be submitted accordingly. In the alternative, the Court
will accept further pleadings or argument as necessary.

As to the claim for the residual to the Trustor, the Court will waive the mailing
requirement and accept a simple application and form of order, once the final amount has been
determined.

THE COURT FINDS that it has been 180 days from the date that the Complaint in this
matter was filed; that proper notice has been given to all interested parties; that no objections
have been made; and good cause appearing,

IT IS FURTHER ORDERED granting the Application for Release of Excess Proceeds,
all in accordance with the formal written Order for Release of Excess Proceeds to be submitted
to the Court for review within 10 days.

11:38 a.m. Matter concludes.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/17/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

07/14/2017

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER BRIAN S. REES
T. Pavia

Deputy

FIRST AMERICAN TITLE INSURANCE
COMPANY
JAMIN S NEIL

v.

MARICOPA COUNTY TREASURERS OFFICE

MARK R ATCHLEY
MARC S GLADNER
JON R HULTGREN
LEONARD J MCDONALD
NIKITA VERMA PATEL

MINUTE ENTRY

The Court held this matter pending proof from the Applicant Brandi N. Frizzell that she
had a valid Order of Assignment from the Trustor, Michael Denofre. The time has passed, no
such Order has been presented. Therefore,

IT IS ORDERED dismissing the Application for Release of Excess Proceeds without
prejudice.

Chris DeRose, Clerk of Court

*** Electronically Filed ***

08/01/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

07/31/2018

Docket Code 375
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER STEVEN K. HOLDING
V. Burton

Deputy

FIRST AMERICAN TITLE INSURANCE
COMPANY
JAMIN S NEIL

v.

MARICOPA COUNTY TREASURERS OFFICE
MARICOPA COUNTY TREASURERS
OFFICE
301 W JEFFERSON
SUITE 100
PHOENIX AZ 85003

COMM. HOLDING
MICHAEL A DENOFRE, JR
1840 W EMELITA AVENUE #1160
MESA AZ 85202

MINUTE ENTRY

On the Court’s own motion,

IT IS ORDERED placing Applicant, Michael A. Denofre, Jr., Application for Release of
Excess Proceeds of Sale by Owner filed on February 1, 2018, on the Dismissal Calendar for
dismissal on October 1, 2018, unless prior to said date Applicant complies with Mailing and
Lodging orders.

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/12/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

09/06/2016

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BRIAN S. REES
A. Wood

Deputy

FIRST AMERICAN TITLE INSURANCE
COMPANY
JAMIN S NEIL

v.

MARICOPA COUNTY TREASURERS OFFICE

MARK R ATCHLEY
MARC S GLADNER
JON R HULTGREN
LEONARD J MCDONALD
NIKITA VERMA PATEL
J ROGER WOOD
MICHAEL A DENOFRE JR
1135 S AMANDES
MESA AZ 85208
MICHAEL A DENOFRE JR
30425 N SUNRAY DR
SAN TAN VALLEY AZ 85143
USAA FEDERAL SAVINGS BANK
10750 MCDERMOTT FREEWAY
SAN ANTONIO TX 78288
USAA FEDERAL SAVINGS BANK
C/O INTEGRATED LOAN SERVICES
600-A N JOHN RODES BLVD
MELBOURNE FL 32934
CRISMON CROSSING HOMEOWNERS
ASSOC
PO BOX 5720
MESA AZ 85211
CRISMON CROSSING HOMEOWNERS
ASSOC C/O TRI CITY PROPERTY

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

09/06/2016

Docket Code 023
Form V000A
Page 2

MANAGEMENT
760 S STAPLEY DR
MESA AZ 85204
KELLIE J CALLAHAN
CHARLENE A LAPLANTE
STANLEY M HAMMERMAN
CURRENT OCCUPANT
1135 S AMANDES
MESA AZ 85208
MARICOPA COUNTY TREASURER

MINUTE ENTRY

The Court has received the Application for Release of Excess Proceeds from
Trustee’s Sale filed on September 1, 2016 by Applicant Brandi N. Frizzell.

IT IS ORDERED THAT:
 Applicant shall immediately file a Certificate of Compliance with all service
requirements as required by A.R.S. § 33-812(G).

 Upon the expiration of the deadline for interested parties to file a response to
the Application under A.R.S. § 33-812(I), Applicant shall either: (1) request a
hearing if there are competing claims to the proceeds; or (2) file a notice of
lodging and lodge an appropriate form of order for release of the proceeds.

 If there exists any apparent lien, encumbrance or interest that could have
priority over Applicant, Applicant shall acknowledge the existence of such
lien, encumbrance or interest either in the Application or in a subsequent
filing mailed to all persons who have received a copy of the complaint or filed
a responsive pleading. If a lien, encumbrance or interest with priority over
Applicant’s interest may exist, the Court will not enter an order directing the
Treasurer to release the proceeds until 180 days from the date on which the
Complaint was filed. A.R.S. § 33-812(J).

Chris DeRose, Clerk of Court

*** Filed ***

10/09/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

10/02/2018

Docket Code 047
Form V047
Page 1

CLERK OF THE COURT
COMMISSIONER STEVEN K. HOLDING
V. Burton

Deputy

FIRST AMERICAN TITLE INSURANCE
COMPANY
JAMIN S NEIL

v.

MARICOPA COUNTY TREASURERS OFFICE
MARICOPA COUNTY TREASURERS
OFFICE
301 W JEFFERSON
SUITE 100
PHOENIX AZ 85003

MICHAEL A DENOFRE, JR
1840 W EMELITA AVENUE
#1160
MESA AZ 85202
COMM. HOLDING

JUDGMENT OF DISMISSAL WITHOUT PREJUDICE

Pursuant to this Court’s Minute Entry dated July 31, 2018, this case was set on the
Dismissal Calendar for dismissal on October 1, 2018, unless specified action was taken before a
certain date. The date has passed, and the action has not been taken.

IT IS ORDERED dismissing Applicant, Michael Donofre, Jr.’s, Application for Release
of Excess Proceeds filed on February 1, 2018, without prejudice for lack of prosecution.

/s / COMMISSIONER STEVEN K. HOLDING

COMMISSIONER STEVEN K. HOLDING

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/16/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

11/15/2016

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER BRIAN S. REES
T. Pavia

Deputy

FIRST AMERICAN TITLE INSURANCE
COMPANY
JAMIN S NEIL

v.

MARICOPA COUNTY TREASURERS OFFICE

MARK R ATCHLEY
MARC S GLADNER
JON R HULTGREN
LEONARD J MCDONALD
NIKITA VERMA PATEL
J ROGER WOOD

MINUTE ENTRY

The court has a request for release of excess proceeds from the ex-wife, Brandi Nelson,
of the Trustor, Michael Denofre. The court denies the request, without prejudice. The court will
hold the file for 75 days to allow for a renewed motion.

ARS § 12-812 does not allow for the distribution of proceeds to any party other than an
HOA, those who hold liens against the title at the time of the sale, or the Trustor. In this case,
the applicant holds a judgment or order against the Trustor. There is no indication that it was
recorded as a lien prior to the sale. Rather, in paragraph 9 of the application the applicant states
that she will be making application in the family court case for a writ of execution against the
Trustor’s interest. The court does not have any information that this has been accomplished. In
the alternative, the application, pursuant to an OSC in Family court could seek a judicial

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-054659

11/15/2016

Docket Code 023
Form V000A
Page 2

assignment of the Trustor’s interest. In either way, the court cannot move forward on this
application without further order of the court.

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