Hoa Foreclosure
are ther any Arizona court rulings or judge hoa assessments were ruled as debts and not subject to foreclosure
I have seen case histoy where judge informed HOA attorney that assesments are ‘debts’ as defined by the fdcpa and therefore not subject to foreclosure ,attorney was Charles Maxwell, cant remember case parties names? anybody know of such rulings or decisions from ariz
Doesn’t seem entirely on point, but the only case that nearly matches your terms is:
200 Ariz. 523, 29 P.3d 870, 353 Ariz. Adv. Rep. 24
Court of Appeals of Arizona,
Division 1, Department C.
HORTON v. MITCHELL
No. 1 CA-CV 00-0500.
July 31, 2001.
Neighbors brought declaratory judgment action against landowner and his successors, seeking permanent injunction to stop landowner from dedicating land to city and to stop city from constructing roadway on land. Following a bench trial, the Superior Court, Maricopa County, No. CV 99-90519, M. Jean Hoag, J., denied the request for an injunction. Neighbors appealed. The Court of Appeals, Garbarino, P.J., held that: (1) neighbors were owners of lot and had right to enforce subdivision’s restrictions, and (2) roadway was a structure, and thus was prohibited by the restrictions.
Reversed and remanded.
HOA Foreclosures and Shortsales
