John F. HOGAN, Plaintiff/Appellant,
v.
WASHINGTON MUTUAL BANK, N.A.; California Reconveyance Company; JPMorgan Chase Bank, N.A.; Deutsche Bank National Trust Company, Defendants/Appellees.
John F. Hogan, Plaintiff/Appellant,
v.
Washington Mutual Bank, N.A.; California Reconveyance Company; JPMorgan Chase Bank, N.A., Defendants/Appellees.
Supreme Court of Arizona, En Banc.https://leagle.com/images/logo.png
May 18, 2012.
May 18, 2012.
Attorney(s) appearing for the Case
Law Office of Douglas C. Fitzpatrick, By Douglas C. Fitzpatrick , Sedona, Attorneys for John F. Hogan.
Maynard, Cronin, Erickson, Curran, & Reiter, P.L.C. By Douglas C. Erickson , Jennifer A. Reiter , Michael D. Curran , Phoenix, Attorneys for Washington Mutual Bank, N.A., California Reconveyance Company, JPMorgan Chase Bank, N.A., and Deutsche Bank National Trust Company.
McCauley Law Offices, P.C. By Daniel J. McCauley, III , Cave Creek, and Campana, Vieh, & Loeb, P.L.C. By Donald O. Loeb , Scottsdale, and Beth K. Findsen, P.L.L.C. By Beth K. Findsen , Scottsdale, Attorneys for Amicus Curiae Foreclosure Strategists Group.
McCauley Law Offices, P.C. By Daniel J. McCauley, III , Cave Creek, and Campana, Vieh, & Loeb, P.L.C. By Donald O. Loeb , Scottsdale, and Beth K. Findsen, P.L.L.C. By Beth K. Findsen , Scottsdale, Attorneys for Amicus Curiae Foreclosure Strategists Group.
Supreme Court of Arizona, En Banc.
OPINION
BERCH, Chief Justice.
¶ 1 We granted review to decide whether a trustee may foreclose on a deed of trust without the beneficiary first having to show ownership of the note that the deed secures. We hold that Arizona's non-judicial foreclosure statutes do not require the beneficiary to prove its authority or "show the note" before the trustee may commence a non-judicial foreclosure.
I. FACTUAL AND PROCEDURAL BACKGROUND
¶...
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