MADISON v. GROSETH

No. 1 CA-CV 11-0222.

279 P.3d 633 (2012)

Sherryl MADISON, Plaintiff/Appellant, v. Cyler and Roxanne GROSETH; Executive Trustee Services, LLC; Residential Funding Company, LLC; Mortgage Electronic Registrations Systems, Inc.; GMAC Mortgage, LLC, Defendants/Appellees.

Court of Appeals of Arizona, Division 1, Department A.

June 5, 2012.


Attorney(s) appearing for the Case

Sherryl Madison , Glendale, Plaintiff/Appellant in Propria Persona.

Evans, Dove & Nelson, PLC By Douglas N. Nelson , H. Lee Dove , Trevor J. Fish , Phoenix, Attorneys for Defendants/Appellees Groseth.


OPINION

TIMMER, Judge.

¶ 1 This appeal requires us to address the applicability of Arizona Revised Statutes ("A.R.S.") section 33-811(C) (West 2012),1 which mandates waiver of all defenses to a trustee's sale if the objecting party fails to obtain an injunction before the sale date, when a trustor asserts the trustee failed to provide proper notice of the sale. After interpreting § 33-811(C), we decide Sherryl Madison...

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