UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF ARIZONA
JULIA V. VASQUEZ,
Plaintiff
vs.
SAXON MORTGAGE, INC.;
SAXON MORTGAGE SERVICES,
INC.; DEUTSCHE BANK
NATIONAL TRUST COMPANY
AS TRUSTEE FOR SAXON
ASSET SECURITIES TRUST
2005-3
Defendants.
EXCERPT:
The Certifying Court has reviewed the proposals by the parties and certifies the following questions to the Arizona Supreme Court under A.R.S. § 12-1861 and Ariz. S. Ct. Rule 27(a)(3)(A):
(1) Is the recording of an assignment of deed of trust required prior to
the filing of a notice of trustee’s sale under A.R.S. § 33-808 when
the assignee holds a promissory note payable to bearer?
(2) Must the beneficiary of a deed of trust being foreclosed pursuant to
A.R.S. § 33-807 have the right to enforce the secured obligation?
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