Legal Opinion
Kester v. CitiMortgage, Inc.
District Court, D. Arizona
Decided March 31, 2016No. CV-15-00365-PHX-NVWPublished
1Opinion of the Court
ORDER
Neil V. Wake, United States District Judge
This is a putative class action of foreclosed homeowners for statutory damages under A.R.S. § 33-420(A). The statute penalizes persons claiming an interest or lien in real property for recording a document “knowing or having reason to know that the document is forged, groundless, contains a material misstatement or false claim or is otherwise invalid .... ” For each such document, the statute imposes a $5,000 penalty.
Plaintiff alleges three documents relating to the trustee’s sale of his house were recorded in violation of the statute because…
2Cases cited23 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990
- Whitman v. American Trucking Assns., Inc.Supreme Court of the United States · 2001
- Theodore C. Swartz v. Kpmg Llp, and Presidio Advisory Services Inc. Deutsche Bank Ag Deutsche Bank Securities, Inc.Court of Appeals for the Ninth Circuit · 2007
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