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Brindy

http://azcourts.gov/Portals/89/opinionfiles/CV/CV100383.pdf

 Hogan v Washington

I have been following this case for about a year.  It is a classic homeowner arguing his foreclosure was improper because the entity foreclosing did not prove it had the authority to do so.

The homeowner lost via summary judgment at the trial level.  He lost his first level appeal too – however, there is a twist.  Counsel for the pretender petitioned the Court of Appeals to recite the Memorandum Decision as an “opinion” instead (meaning the decision would become the law of the state), which the Court did.  That is the link above.

AZ banksters have not yet cited Hogan v Washington as the law of the state because a Petition for Review with the AZ Supreme Court had been pending for months. 

TODAY the AZ Supreme Court granted Hogan’s Petition for Review, a rare event, requiring briefing within 25 days.

Maybe, just MAYBE, Hogan will be the case the AZ Supreme Court has been looking for to set the record straight regarding foreclosures since they punted the same issue recently in Vasquez v Saxon Mortgage.

 I’ll continue to follow the filings in Hogan and report developments.

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Hogan v. Washington  Petitions for Review (both cases - now consolidated) which were granted by the AZ Supreme Court attached.  Links below.  The case is now scheduled for oral argument before the Court on 1-24-2012 at 0930 in Phoenix.  Get the word out to our foreclosure friends to get over to the Supreme Court and fill the courtroom for this important argument. 

http://www.scribd.com/doc/75020615/CV110132PR

http://www.scribd.com/doc/75020608/CV110115PR

Here is a link to the oral argument docket at the the Court:
http://www.azcourts.gov/clerkofcourt/OralArgumentCalendar.aspx

The Court often streams arguments via live video.  If they stream this case here is a link that MAY contain the live argument:  (you may have to check from time to time to see if the upcoming argument is posted)

http://azcourts.gov/AZSupremeCourt/LiveArchivedVideo.aspx

Take a moment to read the homeowners briefs and you will understand why this case is so important.  The AZ Supreme Court sat on the petitions for almost 6 months before finally granting the petition for review.  My personal opinion is the Court was looking for the RIGHT case from which new AZ law could be made and I think they now have the case to make this happen.







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Brindy

For you folks who can’t make the Hogan v Washington (AZ Supreme Court) hearing today (1-24-2012) – the AZ case involving who must hold the note to foreclose, the AZ Supreme Court is streaming the live hearing at 0930 Arizona Time.

The case is Hogan v. Washington

Here is the link:

http://azcourts.gov/AZSupremeCourt/LiveArchivedVideo.aspx

 

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Brindy wrote:

For you folks who can’t make the Hogan v Washington (AZ Supreme Court) hearing today (1-24-2012) – the AZ case involving who must hold the note to foreclose, the AZ Supreme Court is streaming the live hearing at 0930 Arizona Time.

The case is Hogan v. Washington

Here is the link:

http://azcourts.gov/AZSupremeCourt/LiveArchivedVideo.aspx

 

Brindy

Thanks so much for posting the link. After watching it, not sure it is going to go our way. Heard the old argument of let the Legislature fix it. Hogans counsel seemed pretty weak to me.

What did you think?

Mike
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Unregistered
Has there been a ruling on this case?
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Brindy wrote:
Brindy, Can you please contact me ASAP in regard to an attorney setting up a group to monitor AZ judges.

For you folks who can’t make the Hogan v Washington (AZ Supreme Court) hearing today (1-24-2012) – the AZ case involving who must hold the note to foreclose, the AZ Supreme Court is streaming the live hearing at 0930 Arizona Time.

The case is Hogan v. Washington

Here is the link:

http://azcourts.gov/AZSupremeCourt/LiveArchivedVideo.aspx

 



Brindy, Can you please contact me ASAP in regard to an attorney setting up a group to monitor AZ judges.
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