Homeowner Win in Arizona Court of Appeals in Stauffer v First American Title Relating to ARS 33-420 and False Recordings in Foreclosure

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Homeowner Win in Arizona Court of Appeals in Stauffer v First American Title Relating to ARS 33-420 and False Recordings in Foreclosure

Homeowner Win in Arizona Court of Appeals in Stauffer v First American Title Relating to ARS 33-420 and False Recordings in Foreclosure

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Stauffer v. First American Title, Co., et. al. was the first case to go up to the Arizona Court of Appeals on the issue of whether Arizona’s false recording statute, A.R.S. 33-420 applies to the types of documents recorded in the typical non-judicial foreclosure, the Assignment of Beneficial Status in the Deed of Trust, the Notice of Trustee’s Sale, and the Substitution of Trustee. The court held that these documents are encompassed by part A of the statute, which provides damages for the reocrding of a document containing false statements that “purport to create an interest or lien or encumbrance” in real property.

The court also held that the homeowner has standing as an “owner or beneficial title holder of the real property” to bring the claim.

[FINDSEN LAW]

IN THE COURT OF APPEALS
STATE OF ARIZONA
DIVISION ONE

KARL and FABIANA STAUFFER,
Plaintiffs/Appellants,

v.

US BANK NATIONAL ASSOCIATION, a
national banking association, as
Trustee for CSMC Mortgage-Backed
Pass-Through Certificates,
Series 2006-3,
Defendant/Appellee.

__________________________________
KARL and FABIANA STAUFFER,
Plaintiffs/Appellants,

v.

FIRST AMERICAN TITLE INSURANCE
COMPANY, a Texas corporation;
and FIRST AMERICAN TRUSTEE
SERVICING SOLUTIONS, LLC, a
Texas limited liability company,
Defendants/Appellees.
__________________________________
Appeal from the Superior Court in Maricopa County

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One Response to “Homeowner Win in Arizona Court of Appeals in Stauffer v First American Title Relating to ARS 33-420 and False Recordings in Foreclosure”

  1. This is about time. Only makes good sense.

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