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TORTOSA HOMEOWNERS ASSOCIATION v. GARCIA

No. 2 CA-CV 2021-0114.

524 P.3d 1157 (2022)

TORTOSA HOMEOWNERS ASSOCIATION, an Arizona non-profit corporation, Plaintiff, v. Davis GARCIA, a married man as his sole and separate property, reputed owner, Defendant, Maricopoly, LLC, Intervenor/Appellant/Cross-Appellee and Durable Investments, LLC, Assignee/Appellee/Cross-Appellant.

Court of Appeals of Arizona, Division 2.

Filed August 1, 2022.

Attorney(s) appearing for the Case

Law Offices of Kyle A. Kinney LLC, Scottsdale, By Kyle A. Kinney , Counsel for Intervenor/Appellant/Cross-Appellee.

Legal AZ, Tempe, By Travis R. Campbell and Morgan Seegmiller , Counsel for Assignee/Appellee/Cross-Appellant.

Mark Brnovich , Arizona Attorney General, By Valerie Marciano and Lena Kalkbrenner , Phoenix, Counsel for Amicus Curiae Arizona Department of Housing, Administrator of Arizona Home Foreclosure Prevention Funding Corporation.

Judge Espinosa authored the opinion of the Court, in which Presiding Judge Eckerstrom and Chief Judge Vásquez concurred.

OPINION

¶1 Maricopoly LLC appeals from the trial court's order denying its request for disbursement of excess proceeds resulting from its purchase of property at a foreclosure sale. Durable Investments LLC cross-appeals the court's determination that A.R.S. § 33-727(B) mandates payment of such proceeds to all...

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