Advanced Property Tax Liens, Inc. v. Sherman
260 P.3d 1093
Ariz. Ct. App.2011Background
- Shermans owned three commercial parcels in Maricopa County (H, J, K); later consolidated into APN M.
- Property taxes on H parcel for 2003 remained unpaid, creating a tax lien in 2005 paid by APT.
- APT sent notice of foreclosures in 2008 to the Pioneer address, which the Shermans had sold in 2003.
- Efforts to serve process relied on Chandler address after Pioneer notice failed; Shermans did not respond to the complaint.
- Default judgment foreclosing the H parcel was entered January 26, 2009 after purported service.
- Shermans moved to set aside the default judgment in November 2009, arguing defective service and defective foreclosure notice; trial court denied; appeal follows.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether APT complied with notice requirements of §42-18202(A). | APT mailed to the property owner of record, as per records. | Notice sent to Pioneer address, not the current owner address, failed §42-18202(A). | No; notice to an old address did not satisfy the statute. |
Key Cases Cited
- M & M Auto Storage Pool v. Chem. Waste Mgmt., Inc., 164 Ariz. 139, 791 P.2d 665 (App. 1990) (appealability of Rule 60(c) orders when judgment denied or granted)
- Ezell v. Quon, 224 Ariz. 532, 233 P.3d 645 (App. 2010) (de novo review of void-judgment ruling)
- Springfield Credit Union v. Johnson, 123 Ariz. 319, 599 P.2d 772 (App. 1979) (void for lack of jurisdiction elements)
- State ex rel. Lassen v. Self-Realization Fellowship Church, 21 Ariz.App. 233, 517 P.2d 1280 (App. 1974) (judgment voidness and jurisdictional limitations)
- SAL Leasing, Inc. v. State ex rel. Napolitano, 198 Ariz. 434, 10 P.3d 1221 (App. 2000) (court may interpret statute; undisputed facts can drive ruling)