Hogan v. Washington Mutual Bank, N.A.

OPINION

BERCH, Chief Justice.

¶ 1 We granted review to decide whether a trustee may foreclose on a deed of trust without the beneficiary first having to show ownership of the note that the deed secures. We hold that Arizona’s non-judicial foreclosure statutes do not require the beneficiary to prove its authority or “show the note” before the trustee may commence a nonjudicial foreclosure.

I. FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 These consolidated cases involve two properties in Yavapai County purchased by John F. Hogan in the late 1990s. Each parcel became subject to a deed of trust in 2004 when…