Hogan v. Washington Mutual Bank, N.A.

277 P.3d 781 (2012)

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Nature of the Case

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Facts

This case involves two properties purchased by P in the late 1990s. Each parcel became subject to a deed of trust when P took out loans from Long Beach Mortgage Company (Beach). P became delinquent on both loans. Foreclosure proceedings were started. The trustee recorded a notice of sale for the first parcel, Bank (D) as the beneficiary. A notice of trustee's sale recorded for the second parcel identified Deutsche Bank (D1) as the beneficiary. P sued Ds to enjoin the sales unless the beneficiaries proved that they were entitled to collect on the respective notes. Ds moved to dismiss, and it was granted. The court of appeals affirmed. The court of appeals held that 'Arizona's non-judicial foreclosure statute does not require presentation of the original note before commencing foreclosure proceedings.' P appealed.