David Kester v. Citimortgage, Inc.

MEMORANDUM **

David A. Kester (“Kester”) filed a putative class action suit alleging that Citi-Mortgage and CR Title (“Defendants”) knowingly caused the recording of invalid property documents in violation of Ariz. Rev. Stat. (“A.R.S.”)§ 33-420(A). The district court granted Defendants’ motion to dismiss. We reverse and remand.

1. Kester has standing to bring this action, despite the fact that A.R.S. § 33-411(C) provides that “an instrument affecting real property containing any defect, omission or informality in the certificate of acknowledgment and which has been recorded for longer than one…