07/06/2016 — CV2016001993 SERVICE CORP, QUALITY LOAN 07/06/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/07/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-001993
07/06/2016
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock
Deputy
QUALITY LOAN SERVICE CORP
KRISTIN E MCDONALD
v.
MARICOPA COUNTY TREASURER
RONALD M HORWITZ
CHARLES B SELLERS
MARK A WINSOR
MINUTE ENTRY
The Court is in receipt of Wells Fargo Bank, N.A.’s Application for Distribution of
Excess Sale Proceeds, TruEquity, LLC’s Application for Release of Excess Proceeds, and
Recreation Center of Sun City, Inc.’s Response to Complaint and Petition for Release of Surplus
Funds from Trustee’s Sale Pursuant to Arizona Revised Statutes Section 33-812.
IT IS ORDERED setting Status Conference to address the issue of priority on August 9,
2016 at 9:30 a.m. in this Division:
Maricopa County Superior Court
East Court Building
101 W. Jefferson
Courtroom 812
Phoenix, AZ 85003
08/09/2016 — CV2016001993 SERVICE CORP, QUALITY LOAN 08/09/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/11/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-001993
08/09/2016
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock
Deputy
QUALITY LOAN SERVICE CORP
KRISTIN E MCDONALD
v.
MARICOPA COUNTY TREASURER
RONALD M HORWITZ
CHARLES B SELLERS
MARK A WINSOR
MINUTE ENTRY
Courtroom: ECB 812.
9:47 a.m. This is the time set for Status Conference. Counsel, Janessa Koenig, appears
telephonically on behalf of Applicant, Wells Fargo Bank NA. Counsel, Matthew Palfreyman,
appears telephonically on behalf of Applicant, TruEquity, LLC. Counsel, Charles Sellers,
appears telephonically on behalf of Applicant, Recreation Center of Sun City, Inc.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held. The parties stipulate that Recreation Center of Sun City, Inc.’s lien
has superiority over all other potential claimants, Wells Fargo Bank NA has second priority, and
TruEquity, LLC has third priority. Regarding any other potential claimants and where they rank,
the issue is undecided.
IT IS ORDERED rejecting Recreation Center of Sun City, Inc.’s Orders as premature.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-001993
08/09/2016
Docket Code 029
Form V000A
Page 2
Applicants may lodge Orders upon compliance with A.R.S. § 33-812(G) and after the
180 days from the filing date of the Complaint (September 5, 2016) has run unless Sun City
Homeowners Association makes a claim in the meantime.
9:53 a.m. Matter concludes.
09/27/2016 — CV2016001993 SERVICE CORP, QUALITY LOAN 09/27/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/28/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-001993
09/27/2016
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock
Deputy
QUALITY LOAN SERVICE CORP
KRISTIN E MCDONALD
v.
MARICOPA COUNTY TREASURER
RONALD M HORWITZ
CHARLES B SELLERS
MARK A WINSOR
MINUTE ENTRY
The Court is in receipt of Recreation Centers of Sun City, Inc.’s Response to Complaint
and Petition for Release of Surplus Funds from Trustee’s Sale Pursuant to Arizona Revised
Statutes Section 33-812 and Wells Fargo Bank, N.A.’s Notice of Lodging Order for Release of
Excess Proceeds Due to Expiration of 180 Days from Complaint.
IT IS ORDERED setting a Telephonic Status Conference to address Recreation Centers
of Sun City, Inc.’s claim to having superior interest in the proceeds on October 19, 2016 at
10:00 a.m. in this Division:
Maricopa County Superior Court
East Court Building
101 W. Jefferson
Courtroom 812
Phoenix, AZ 85003
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-001993
09/27/2016
Docket Code 028
Form V000A
Page 2
IT IS FURTHER ORDERED that Applicants may appear telephonically for the above
scheduled event. The parties are directed to contact this division at least five minutes prior
to the hearing (602-506-3857). 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.
10/13/2016 — CV2016001993 SERVICE CORP, QUALITY LOAN 10/13/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/14/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-001993
10/13/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock
Deputy
QUALITY LOAN SERVICE CORP
KRISTIN E MCDONALD
v.
MARICOPA COUNTY TREASURER
RONALD M HORWITZ
CHARLES B SELLERS
MARK A WINSOR
MINUTE ENTRY
A clerical error having been made,
IT IS ORDERED correcting the Court’s September 27, 2016 minute entry to reflect: The
Court is in receipt of Sun City Homeowners Association’s Response to Complaint instead and in
place of: The Court is in receipt of Recreation Centers of Sun City, Inc.’s Response.
The balance of the aforementioned minute entry remains unchanged.
The Court will address TruEquity, LLC, Wells Fargo, and Recreation Centers of Sun
City, Inc.’s proposed Orders at the Hearing on October 19, 2016.
10/19/2016 — CV2016001993 SERVICE CORP, QUALITY LOAN 10/19/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/21/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-001993
10/19/2016
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock
Deputy
QUALITY LOAN SERVICE CORP
KRISTIN E MCDONALD
v.
MARICOPA COUNTY TREASURER
RONALD M HORWITZ
CHARLES B SELLERS
MARK A WINSOR
MINUTE ENTRY
Courtroom: ECB 812.
10:24 a.m. This is the time set for Status Conference. Counsel, Janessa Koenig, appears
telephonically on behalf of Applicant, Wells Fargo Bank, NA. Counsel, Matthew Palfreyman,
appears telephonically on behalf of Applicant, TruEquity, LLC. Counsel, Charles Sellers,
appears telephonically on behalf of Applicant, Recreation Center of Sun City, Inc. Counsel,
Chad Gallagher, appears telephonically on behalf of Applicant, Sun City Home Owners
Association.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding priority. Counsel indicates the parties have reached a
stipulation regarding priority as follows: Wells Fargo Bank, NA has first priority, Recreation
Center of Sun City, Inc. has second priority, Sun City Home Owners Association has third
priority, and TruEquity, LLC is entitled to the remaining balance of the funds.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-001993
10/19/2016
Docket Code 029
Form V000A
Page 2
LET THE RECORD REFLECT the 180 days from the filing date of the Complaint has
run.
LET THE RECORD FURTHER REFLECT Wells Fargo Bank, NA, Recreation Center
of Sun City, Inc., and TruEquity, LLC have lodged Orders. Wells Fargo Bank, NA and
TruEquity, LLC’s Orders are consistent with the stipulation reached as to the amounts reflected
on the record.
The Court will grant Wells Fargo Bank, NA and TruEquity, LLC’s Orders upon
compliance with A.R.S. § 33-812(G).
The Applicants state no objection to the proposed forms of Order.
Counsel for Wells Fargo Bank, NA waives the notice requirements of A.R.S. § 33-
812(G) as to Recreation Center of Sun City, Inc.’s Affidavit of Mailing.
IT IS ORDERED excusing Recreation Center of Sun City, Inc. from the mailing
requirements of A.R.S. § 33-812(G) to Trustee for reasons stated on the record.
IT IS FURTHER ORDERED, however, rejecting Recreation Center of Sun City, Inc.’s
Order as premature due to lack of service on Trustee as required by Arizona Rules of Civil
Procedure. Recreation Center of Sun City, Inc. may lodge a new Order and shall serve same on
counsel for Trustee in accordance with Rules of Civil Procedure.
10:39 a.m. Matter concludes.
LATER:
In view of the foregoing,
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 ORDERED granting Claimant Wells Fargo Bank, N.A.’s Application for Release
of Excess Proceeds, all in accordance with the formal written Order for Release of Excess
Proceeds signed by the Court on October 19, 2016 and filed (entered) by the clerk on October
19, 2016.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-001993
10/19/2016
Docket Code 029
Form V000A
Page 3
IT IS FURTHER ORDERED granting Claimant TruEquity, LLC’s Application for
Release of Excess Proceeds, all in accordance with the formal written Order for Release of
Excess Proceeds signed by the Court on October 19, 2016 and filed (entered) by the clerk on
October 19, 2016.
The Court notes that Recreation Center of Sun City, Inc. is in compliance with A.R.S. §
33-812(G).
12/12/2016 — CV2016001993 SERVICE CORP, QUALITY LOAN 12/12/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/13/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2016-001993
12/12/2016
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock
Deputy
QUALITY LOAN SERVICE CORP
KRISTIN E MCDONALD
v.
MARICOPA COUNTY TREASURER
RONALD M HORWITZ
CHARLES B SELLERS
MARK A WINSOR
MARICOPA COUNTY TREASURER
MINUTE ENTRY
IT IS ORDERED granting Claimants Sun City Homeowners Association and Recreation
Centers of Sun City, Inc.’s Applications for Release of Excess Proceeds, all in accordance with
the formal written Orders for Release of Excess Proceeds signed by the Court on December 12,
2016 and filed (entered) by the clerk on December 12, 2016.
Pursuant to State Rule 5(j)(2), the Clerk’s office is required to notify all parties when an
order is signed by the Court, either by mailing a conformed copy, or by minute entry. No copies
and/or envelopes having been submitted, notice is hereby given via minute entry.
