LEVERAGED LAND CO., L.L.C. v. HODGES

No. CV-10-0196-PR.

249 P.3d 341 (2011)

LEVERAGED LAND COMPANY, L.L.C., an Arizona limited liability company; and Norman Montgomery and Cheryl Montgomery, husband and wife, Plaintiffs/Appellants, v. Michael W. HODGES, an unmarried man, Defendant/Appellee. Raven II Holdings, L.L.C., an Arizona limited liability company; and Hanna 120 Holdings, L.L.C., an Arizona limited liability company, Intervenors/Appellants, v. Michael W. Hodges, an unmarried man; David H. Cain, a married man, Defendants/Appellees. David H. Cain, a married man, Defendant/Counterclaimant/Appellee, v. Raven II Holdings, L.L.C., an Arizona limited liability company; and Hanna 120 Holdings, L.L.C., an Arizona limited liability company, Intervenors/Counterdefendants/Appellants. David H. Cain, a married man, Defendant/Counterclaimant/Appellee, v. Leveraged Land Co., L.L.C., an Arizona limited liability company; and Norman Montgomery and Cheryl Montgomery, husband and wife, Plaintiffs/Counterdefendants/Appellants. David H. Cain, a married man, Defendant/Third-Party Plaintiff/Appellee, v. Bingham Arizona Land, L.L.C., an Arizona limited liability company, Third-Party Defendant/Appellant.

Supreme Court of Arizona.

April 7, 2011.


Attorney(s) appearing for the Case

Quarles & Brady LLP By Craig H. Kaufman , Jeremy A. Lite , Tucson, Attorneys for Leveraged Land Co., L.L.C., Norman Montgomery, and Cheryl Montgomery.

Barry Becker, P.C. By Barry C. Becker , Phoenix, Attorney for Michael W. Hodges and David H. Cain.


OPINION

BRUTINEL, Justice.

¶ 1 Under Arizona Revised Statutes ("A.R.S.") section 42-18206 (2010), a tax lien purchaser is entitled to a judgment for costs and reasonable attorney fees if the delinquent taxpayer redeems the lien after the purchaser commences a foreclosure action. We hold that a tax lien purchaser is only entitled to reasonable attorney fees incurred before the lien is redeemed and a certificate...

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