IMH SPECIAL ASSET NT 168, LLC v. APERION COMMUNITIES, LLLP

Nos. 1 CA-CV 13-0131, 1 CA-CV 14-0432, 1 CA-CV 15-0182, 1 CA-CV 15-0413, 1 CA-CV 15-0474, 1 CA-CV 15-0475, 1 CA-CV 15-0514, 1 CA-CV 15-0615 (Consolidated).

IMH SPECIAL ASSET NT 168, LLC, an Arizona limited liability company; IMH SPECIAL ASSET NT 161, LLC, an Arizona limited liability company, Plaintiffs/Appellees, v. APERION COMMUNITIES, LLLP, an Arizona limited liability limited partnership; ELADIO PROPERTIES, LLLP, an Arizona limited liability limited partnership; DAVID P. MANIATIS, individually, and as trustee of the DPM-TT TRUST under instruments dated June 6, 1995, by Eugenia Hoof Grantor; and MARK FAUCHER, as trustee of the DPM-TT TRUST under instruments dated June 6, 1995, by Eugenia Hoof Grantor, Defendants/Appellants. IMH SPECIAL ASSET NT 168, LLC, an Arizona limited liability company; IMH SPECIAL ASSET NT 161, LLC, an Arizona limited liability company, Plaintiffs/Appellees, v. NDM Trust, an irrevocable non-charitable trust, and ROBERT M. SEMPLE, in his official capacity as current and sole successor Trustee of the NDM Trust, Appellants. MCA FINANCIAL GROUP, LTD., by and through KEITH BIERMAN, Receiver, Appellee. IMH SPECIAL ASSET NT 168, LLC, an Arizona limited liability company; IMH SPECIAL ASSET NT 161, LLC, an Arizona limited liability company, Plaintiffs/Appellees, MCA FINANCIAL GROUP, LTD., Court Appointed Receiver, by and through KIETH BIERMAN, Receiver/Appellees. REAVES LAW GROUP, by and through DAVID REAVES, Appointed Receiver, Receiver/Appellees, v. DAVID P. MANIATIS, individually, and as beneficiary of the David Maniatis IRA, and as beneficiary of the Eugenia Hoof IRA; KATHY MCQUITTY, individually; and UDALL LAW FIRM, LLP, Defendants/Appellants. MW2 INVESTMENTS, LLC, Party in Interest/Appellant. IMH SPECIAL ASSET NT 168, LLC, an Arizona limited liability company; IMH SPECIAL ASSET NT 161, LLC, an Arizona limited liability company, Plaintiffs/Appellees, MCA FINANCIAL GROUP, LTD., Court Appointed Receiver, by and through KEITH BIERMAN; REAVES LAW GROUP, by and through DAVID REAVES, Court Appointed Receiver, Receivers/Appellees, v. DAVID P. MANIATIS, individually, and as beneficiary of the David Maniatis IRA, and as beneficiary of the Eugenia Hoof IRA, Defendant/Appellant. IMH SPECIAL ASSET NT 168, LLC, an Arizona limited liability company; IMH SPECIAL ASSET NT 161, LLC, an Arizona limited liability company, Plaintiffs/Appellees, v. ELADIO PROPERTIES, LLLP; DAVID MANIATIS; DPM-TT TRUST, Defendants/Appellants.

Court of Appeals of Arizona, Division One.

December 27, 2016.


Attorney(s) appearing for the Case

Snell & Wilmer L.L.P., Phoenix, By Christopher H. Bayley , Benjamin W. Reeves , Counsel for Plaintiffs/Appellees IMH Special Asset NT 168, LLC; IMH Special Asset NT 161, LLC.

Udall Law Firm LLP, Tucson, By D. Burr Udall , Thomas D. Laue , Ronald Warnicke PLC, Phoenix, By Ronald E. Warnicke , Counsel for Defendants/Appellants Aperion Communities, LLLP; Eladio Properties, LLLP; David P. Maniatis; and Mark Faucher.

Reaves Law Group, P.C., Phoenix, By David M. Reaves Counsel for Receiver/Appellee David M. Reaves.

Judge Peter B. Swann delivered the decision of the court, in which Presiding Judge Andrew W. Gould and Judge Patricia A. Orozco joined.


NOT FOR OFFICIAL PUBLICATION

UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

MEMORANDUM DECISION

¶1 This is an appeal from the entry of summary judgment for lenders in a deficiency action under A.R.S. §...

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