Marceaux v. Baker, 110519 AZAPP1, 1 CA-CV 18-0542

Docket Nº:1 CA-CV 18-0542
Opinion Judge:JOHNSEN, JUDGE
Party Name:CAMMIE L. MARCEAUX, Plaintiff/Appellant, v. STEVEN BAKER, et al., Defendants/Appellees.
Attorney:Cammie L. Marceaux, Fred, TX Plaintiff/Appellant Steven Baker, Phoenix Defendant/Appellee Kenneth R. Short, Sun City Defendant/Appellee Snell & Wilmer, LLP, Phoenix By Gregory J. Marshall, Joshua Zimmerman, W. Danny Green, Daniel J. Inglese Counsel for Defendants/Appellees Wells Fargo/ U.S. Bank ...
Judge Panel:Judge Diane M. Johnsen delivered the decision of the Court, in which Presiding Judge Kenton D. Jones and Judge James B. Morse Jr. joined.
Case Date:November 05, 2019
Court:Court of Appeals of Arizona
 
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CAMMIE L. MARCEAUX, Plaintiff/Appellant,

v.

STEVEN BAKER, et al., Defendants/Appellees.

No. 1 CA-CV 18-0542

Court of Appeals of Arizona, First Division

November 5, 2019

Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County No. CV2017-053676 The Honorable John R. Hannah, Jr., Judge The Honorable Theodore Campagnolo, Judge

Cammie L. Marceaux, Fred, TX Plaintiff/Appellant

Steven Baker, Phoenix Defendant/Appellee

Kenneth R. Short, Sun City Defendant/Appellee

Snell & Wilmer, LLP, Phoenix By Gregory J. Marshall, Joshua Zimmerman, W. Danny Green, Daniel J. Inglese Counsel for Defendants/Appellees Wells Fargo/ U.S. Bank

Fidelity National Law Group, Phoenix By Patrick J. Davis, Jamey A. Thompson Counsel for Defendants/Appellees Fidelity/ Silver

Warner, Angle, Hallam, Jackson & Formanek, PLC, Phoenix By John A. Buric, Andrea M. Simbro Counsel for Defendant/Appellee Suburban

Daniel R. Sanders, Sun City Defendant/Appellee

Robert Stewart & Associates, PC, Phoenix By Robert L. Stewart, Jr., Sid A. Horwitz Counsel for Defendant/Appellee Century 21

Judge Diane M. Johnsen delivered the decision of the Court, in which Presiding Judge Kenton D. Jones and Judge James B. Morse Jr. joined.

MEMORANDUM DECISION

JOHNSEN, JUDGE

¶1 Cammie L. Marceaux sued several entities and individuals, alleging they committed a fraud that prevented her from selling her home. The superior court eventually granted a series of motions to dismiss and entered judgment in favor of the defendants. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL BACKGROUND

¶2 According to Marceaux's amended complaint ("complaint"), Steven Baker conveyed the home to her by warranty deed on March 9, 2006.[1] Marceaux borrowed $182, 800 from Suburban Mortgage, Inc. to pay for the home and secured the debt by giving a deed of trust on the home. The beneficiary of the deed of trust was Mortgage Electronic Registration Systems, Inc. ("MERS"). Wells Fargo Home Mortgage later succeeded MERS as beneficiary and servicing agent for the loan.

¶3 The complaint alleged Marceaux contracted to sell her home in 2017, but the sale did not go through because "the Owner . . . remained on title in hopes I would fall like all the property investors predicted everyone to do when they found out they bought a home that had an inflated mortgage." Her complaint attached a contract executed in April 2017 by which she was to sell the home for $205, 000. Other documents attached to her complaint showed that the prospective buyer of the home had identified several items that needed to be repaired before the sale could go forward, along with an unspecified "inability to release the previous lien."

¶4 Shortly after the sale fell through, Marceaux filed a claim with her title insurer, Fidelity National Title Insurance Company, alleging the title to her home was marred by a defect arising out of purported sales of the property in 2000, six years before she acquired the home. Fidelity accepted her claim and explained:

On or about January 20, 1999, Shea Homes conveyed the [home] to Daniel Sanders via Special Warranty Deed. On February 15 2000, Daniel Sanders entered into an agreement for sale of the Property with Forrest Phillips and J.N. Phillips and on May 16, 2000, Forrest Phillips and J.N. Phillips entered into an agreement for sale of the Property to Eric Craig and Shannon Craig ("Craigs"). Although both of these purchase contracts were recorded, actual deeds conveying the Property were not recorded and title therefore remained in Daniel Sanders' name in the land records. However, on June 27, 2001, the Craigs nonetheless purported to convey the Property to Steve Baker via Quit Claim Deed. Steve Baker later purported to convey the Property to you on March 30, 2006 via Warranty Deed.

In settlement of Marceaux's claim, on July 31, 2017, Fidelity procured and recorded a quitclaim to her from the 1999 buyer of her home, Sanders, disposing of all of Sanders's interest in the home.

¶5 In the meantime, Marceaux had filed a complaint in superior court against Baker, who sold her the home, and other defendants, alleging fraud, quiet title and other claims. Two months later, she filed an amended complaint, alleging that after the sale of her home fell through, she stopped paying on her purchase money loan. At the time, she owed approximately $153, 000 on the loan. As motion practice in the litigation ensued, a trustee's sale was noticed for her home. In March 2018, Marceaux sold the home herself before the trustee's sale took place.

¶6 By the time she sold the home, the superior court had entered an order dismissing several of the defendants. Marceaux thereafter moved the court to...

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