01/25/2024 — CV2023015933 C FINANCIAL INC, M T 01/25/2024 HONORABLE MARY C. CRONIN View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
01/26/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-015933
01/25/2024
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARY C. CRONIN
K. Cabral
Deputy
M T C FINANCIAL INC
MARY ANN HESS
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
301 W JEFFERSON
PHOENIX AZ 85003
JOHN N MOORE
NIKITA VERMA PATEL
COMM. CRONIN
MINUTE ENTRY
The Court has received Applications for Release of Excess Proceeds filed by Applicant
Carriage Manor RV Resort Association, Inc. November 21, 2023 and Applicant Foreclosure
Excess Proceeds, LLC on November 13, 2023. Accordingly,
IT IS ORDERED that Applicants shall file a Certificate of Compliance with all service
requirements as required by A.R.S. § 33-812(G). If the Applicant needs more time to comply with
the mailing requirements, Applicants must file a motion to extend time with the Court. Failure to
do so may result in the denial of the application for excess proceeds without further notice to the
Applicants.
IT IS FURTHER ORDERED that upon the expiration of the deadline for interested
parties to file a response to the Application under A.R.S. § 33-812(I), Applicants 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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-015933
01/25/2024
Docket Code 023
Form V000A
Page 2
IT IS FURTHER ORDERED that any apparent lien, encumbrance or interest that could
have priority over Applicants, Applicants 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).
02/21/2024 — CV2023015933 C FINANCIAL INC, M T 02/21/2024 HONORABLE MARY C. CRONIN View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
02/23/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-015933
02/21/2024
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARY C. CRONIN
K. Cabral
Deputy
M T C FINANCIAL INC
MARY ANN HESS
v.
MARICOPA COUNTY TREASURER
JOHN N MOORE
NIKITA VERMA PATEL
OCCUPANT
7750 E. BROADWAY RD
#60
MESA AZ 85208
ESTATE OF EUGENE SIMPSON, JR
1028 E JEFFERSON DR
MCALESTER OK 74501
ESTATE OF EUGENE SIMPSON JR.
PO BOX 32323
PHOENIX AZ 85064
COMM. CRONIN
MINUTE ENTRY
The court is in receipt of competing claims to the excess proceeds. Pursuant to A.R.S. §
33-812(J),
Each applicant should make sure that they have completed the process prescribed in
A.R.S. § 33-812 prior to the hearing. As this is a statutory action, the Court cannot order the
release excess proceeds until those requirements are met.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-015933
02/21/2024
Docket Code 056
Form V000A
Page 2
IT IS ORDERED setting this matter for a Hearing to determine entitlement to the excess
proceeds on March 6, 2024 at 11:30 a.m. (time allotted: 10 minutes) in this Division via
Microsoft Teams/Court Connect.
HEARING WEBSITE LINK:
https://Tinyurl.com/jbazmc-pcc05
Or call in (audio only)
+1 917-781-4590 Phone ID: 755 033 080#
IT IS FURTHER ORDERED that each applicant shall lodge a proposed form of order
for release of excess proceeds for the court to review during the hearing.
If an applicant does not have a proposed form of order available for review at the time of
the hearing, that applicant will likely have to have their portion of the hearing reset to a later
date.
The Court prefers video appearances, if possible, as it ensures it is easier to know
who is appearing at the hearing and being able to see the other parties reduces
interruptions and delays. Additionally, appearing by video increases the chance that the
Court can use features such as shared screens to show everyone exhibits or forms that may
be helpful for the hearing. However, no party shall be penalized for appearing by phone.
Whether parties appear by videoconference, phone, or a hybrid of the two, they should try
as much as possible to contact the court from an area with no background noise as noise
and echoes prevent the parties from hearing the proceedings in the courtroom and prevent
the court from making a good record of the proceedings. The parties are especially
discouraged from appearing virtually from an outdoor location.
NOTE: All court proceedings are recorded digitally 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.
