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Can you challenge "title" in an Arizona unlawful detainer (forcible entry and detainer) action?
PART TWO OF TWO PART SERIES (PART ONE CAN BE FOUND HERE)
CASE EXAMPLE - SEEKING TO CONSOLIDATE THE UNLAWFUL DETAINER CASE WITH THE CIVIL CASE AND/OR SEEKING TO HAVE THE COMPLAINT DISMISSED:
FACTS: In one case we filed the following memorandum of points and authorities challenging the eviction complaint where the Defendant-Homeowner brought the loan current prior to the foreclosure sale (thereby reinstating her loan). The trustee thereafter agreed not to sell the property and put it on "hold" after seeing Plaintiff's receipt for the cashier's check but yet sold the property anyway to a third party flipper who had knowledge that the sale was subject to Plaintiffs reinstatement and yet they took their chances anyway.
SUMMARY OF LEGAL ARGUMENT: Under the terms of the Deed of Trust, we argued (1) Homeowner brought her loan current and was not therefore a "tenant at sufferance," and the complaint must be dismissed because the FED statutes didn't apply; (2) The issue of curing of the default under the deed of trust was a issuing requiring more than a summary FED action, and therefore the complaint must be dismissed, and (3) in the alternative, that the Court should allow the ... more
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