Wells Fargo Bank, National Association v. Park, 110519 AZAPP1, 1 CA-CV 18-0613

Docket Nº:1 CA-CV 18-0613
Opinion Judge:WINTHROP, JUDGE
Party Name:WELLS FARGO BANK, National Association, as Trustee for Structured Asset Mortgage Investments II Inc., Green Point Mortgage Funding Trust 2005-AR4, Plaintiff/Appellee, v. THOMAS O. PARK, Defendant/Appellant.
Attorney:Bryan Cave Leighton Paisner LLP, Phoenix By Jacob A. Maskovich, Daniel P. Crane Counsel for Plaintiff/Appellee Thomas O. Park, Yuma Defendant/Appellant
Judge Panel:Judge Lawrence F. Winthrop delivered the decision of the Court, in which Presiding Judge Jennifer B. Campbell and Judge Michael J. Brown joined.
Case Date:November 05, 2019
Court:Court of Appeals of Arizona
 
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WELLS FARGO BANK, National Association, as Trustee for Structured Asset Mortgage Investments II Inc., Green Point Mortgage Funding Trust 2005-AR4, Plaintiff/Appellee,

v.

THOMAS O. PARK, Defendant/Appellant.

No. 1 CA-CV 18-0613

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Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court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 Yuma County No. S1400CV201700563 The Honorable John P. Plante, Judge

Bryan Cave Leighton Paisner LLP, Phoenix By Jacob A. Maskovich, Daniel P. Crane Counsel for Plaintiff/Appellee

Thomas O. Park, Yuma Defendant/Appellant

Judge Lawrence F. Winthrop delivered the decision of the Court, in which Presiding Judge Jennifer B. Campbell and Judge Michael J. Brown joined.

MEMORANDUM DECISION

WINTHROP, JUDGE

¶1 Thomas O. Park appeals from the judgment entered in favor of Wells Fargo Bank, N.A. ("Wells Fargo") in a forcible entry and detainer ("FED") action. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2 In June 2005, Thomas Park's wife, Christine Park, obtained a loan secured by a deed of trust on residential real property in Yuma County. In June 2017, Wells Fargo purchased the property at a trustee's sale and received a trustee's deed.

¶3 On July 10, 2017, the Parks received a notice of demand for possession pursuant to Arizona Revised Statutes ("A.R.S.") section 12-1173.01(A). The Parks did not vacate by the notice's July 17, 2017 deadline, and Wells Fargo filed an FED complaint on July 26, 2017.

¶4 Park twice removed the case to the United States District Court in Arizona; the case was remanded to the superior court in each instance. See Wells Fargo Bank Nat'l Ass'n v. Park, No. CV-17-04604-PHX-DLR, 2018 WL 1034925 (D. Ariz. Feb. 23, 2018); Wells Fargo Bank Nat'l Ass'n v. Park, No. CV-18-02360-PHX-SPL (D. Ariz. Aug. 27, 2018). The superior court granted Wells Fargo's motion for judgment on the pleadings, and on December 20, 2018, the court found the Parks guilty of forcible detainer and that Wells Fargo was entitled to possession of the property.

¶5 Park timely appealed...

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