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Case Information
Case Number:
CV2021-002576
Judge:
Kreamer, Joseph
File Date:
2/17/2021
Location:
Downtown
Case Type:
Civil
Party Information
Party Name
Relationship
Sex
Attorney
Party Name
Sun City Grand Community Association Inc
Relationship
Plaintiff
Sex
Attorney
Edith Rudder
Party Name
Howard J Roth
Relationship
Defendant
Sex
Male
Attorney
Pro Per
Party Name
Secretary Of Housing And Urban Development
Relationship
Defendant
Sex
Attorney
Emory Hurley
Party Name
MINDY GOLOD
Relationship
Claimant
Sex
Female
Attorney
Eugene Kadish
Case Documents
Filing Date
Description
Docket Date
Filing Party
Filing Date
10/14/2022
Description
NRD - Notice Of Release Of Deposit
Docket Date
10/18/2022
Filing Party
NOTE:
$78,266.77 PAID TO KADISH ASSOCIATES LAW GROUP
Filing Date
10/10/2022
Description
ORD - Order
Docket Date
10/10/2022
Filing Party
NOTE:
the Clerk of the Court shall immediately release the sum of $78,266.77 to Mindy Berg Golod
Filing Date
9/1/2022
Description
CAN - Credit Memo Appearance Fee Paid
Docket Date
9/3/2022
Filing Party
NOTE:
Credit Memo/Appearance Fee Paid
Filing Date
8/23/2022
Description
APL - Application
Docket Date
8/30/2022
Filing Party
NOTE:
Application for Release of Excess Proceeds From Sheriff's Sale
Filing Date
6/21/2022
Description
NOT - Notice
Docket Date
6/24/2022
Filing Party
NOTE:
Release of Lis Pendens
Filing Date
6/21/2022
Description
SJU - Satisfaction Of Judgment
Docket Date
6/24/2022
Filing Party
NOTE:
Satisfaction of Judgment
Filing Date
5/19/2022
Description
RNM - Returned Mail
Docket Date
5/19/2022
Filing Party
NOTE:
Filing Date
5/19/2022
Description
ORD - Order
Docket Date
5/21/2022
Filing Party
NOTE:
RETURN OF SALE OF REAL ESTATE UNDER EXECUTION AND ORDER OF SALE ON SPECIAL EXECUTION
Filing Date
5/19/2022
Description
WRT - Writ
Docket Date
5/21/2022
Filing Party
NOTE:
OF SPECIAL EXECUTION
Filing Date
5/19/2022
Description
NDC - Notice Of Deposit With Court
Docket Date
5/26/2022
Filing Party
NOTE:
$78,266.77 / SHERIFFS SALE
Filing Date
5/19/2022
Description
APU - Affidavit Of Publication
Docket Date
6/6/2022
Filing Party
Filing Date
4/6/2022
Description
ORD - Order
Docket Date
4/6/2022
Filing Party
NOTE:
ORDER AWARDING POSTJUDGMENT ATTORNEYS’ FEES AND COSTS OF COLLECTION
Filing Date
3/9/2022
Description
PRA - Praecipe
Docket Date
3/15/2022
Filing Party
NOTE:
WRIT OF SPECIAL EXECUTION
Filing Date
3/8/2022
Description
AAF - Application For Attorney Fees
Docket Date
3/12/2022
Filing Party
NOTE:
Application for Post-Judgment Attorney Fees and Costs of Collection
Filing Date
3/8/2022
Description
ASR - Affidavit in Support of Attorney Fees
Docket Date
3/12/2022
Filing Party
NOTE:
AFFIDAVIT ON POST-JUDGMENT ATTORNEYS’ FEES AND COSTS OF COLLECTION
Filing Date
8/18/2021
Description
RNM - Returned Mail
Docket Date
8/18/2021
Filing Party
NOTE:
Filing Date
7/15/2021
Description
049 - ME: Judgment Signed
Docket Date
7/15/2021
Filing Party
Filing Date
7/14/2021
Description
JOR - Judgment And Order
Docket Date
7/20/2021
Filing Party
NOTE:
Notice of filing and entry provided to the parties
Filing Date
7/6/2021
Description
ASR - Affidavit in Support of Attorney Fees
Docket Date
7/8/2021
Filing Party
NOTE:
Affidavit Regarding Attorneys Fees
Filing Date
7/6/2021
Description
SOC - Statement Of Costs
Docket Date
7/8/2021
Filing Party
NOTE:
Statement of Costs and Notice of Taxation
Filing Date
7/6/2021
Description
AAF - Application For Attorney Fees
Docket Date
7/8/2021
Filing Party
NOTE:
Application for Attorneys Fees and Costs
Filing Date
6/17/2021
Description
RNM - Returned Mail
Docket Date
6/17/2021
Filing Party
NOTE:
Filing Date
6/14/2021
Description
RNM - Returned Mail
Docket Date
6/14/2021
Filing Party
NOTE:
Filing Date
6/14/2021
Description
NOH - Notice Of Hearing
Docket Date
6/16/2021
Filing Party
NOTE:
Notice of Default Hearing
Filing Date
5/20/2021
Description
ORD - Order
Docket Date
5/20/2021
Filing Party
NOTE:
that Plaintiff have judgment against HUD as follows: 1. This Order pertains to the property at 16256 W Tamarack Lane, Surprise, Arizona, 85374 (the Subject Property), legally described as: Lot 206, of Sun City Grand-Desert Breeze, according to Book 432 of Maps, Page 23, records of Maricopa County, Arizona. 2. Plaintiff holds a valid statutory lien against the Subject Property by virtue of the declaration of covenants, conditions and restrictions recorded with the Office of the Maricopa County Recorder and A.R.S. § 33-1807(A). 3. Plaintiff may obtain a judgment on the Subject Property consistent with the relief prayed for in the Complaint, provided no money judgment is taken against HUD. 4. HUD has a security interest in the Subject Property by virtue of a home equity conversion second deed of trust recorded with the Maricopa County Recorders Office on May 29, 2012 at document number 20120455847. However, it appears that the debt secured by the deed of trust currently has a zero balance. 5. The interest of HUD in this case is subordinate to the interest of Plaintiff. 6. Plaintiff and HUD shall each bear their own costs and attorneys’ fees incurred in this case, and Plaintiff shall not seek to recover costs or attorneys’ fees from HUD. However, nothing in this paragraph shall preclude the Plaintiff from seeking attorneys fees and costs from other defendants. 7. This Order does not bar, extinguish and/or waive HUD’s (including its affiliates, investors, predecessors, successors, assigns, authorized agents, or other holders of the promissory note and deed of trust) claim to any excess proceeds available following any foreclosure sale. 8. Absent the completion of any Sheriffs sale, HUDs rights and interest in the Subject Property, and its lien thereon, shall remain unaffected by the Judgment in this case and shall be in full force and effect. 9. The judgment in this matter and Sheriffs Sale, if any, shall not affect Defendant HUDs (including its affiliates, investors, predecessors, successors, assigns, authorized agents, or other holders of the promissory note secured by the aforementioned Second Deed of Trust) rights and remedies as to the borrower(s) under the promissory note in any other way. 10. The Stipulation between Plaintiff and HUD applies only to the Subject Property named in the complaint and HUDs interest in that Subject Property. The Stipulation is not, and shall not be construed as, a release or waiver of any other liens or interests which may be held by the United States of America, its officers, agencies, or assigns upon the Subject Property or any other property, including but not limited to, any tax liens asserted by the Department of Treasury or the Internal Revenue Service. This Order shall not prejudice any other rights HUD has against any of the parties to this action. 11. Plaintiff shall provide to Defendant United States Department of Housing and Urban Development a copy of any judgment, decree of foreclosure, notice of sheriffs sale, and/or notice of deposit of excess proceeds in this matter by sending a copy of the document by U.S. Mail to the Assistant United States Attorney representing HUD in this matter. 12. Plaintiff may incorporate the terms of this stipulation into a comprehensive final judgment of foreclosure and order of sale consistent with the relief prayed for in the Complaint.
Filing Date
5/13/2021
Description
023 - ME: Order Entered By Court
Docket Date
5/13/2021
Filing Party
Filing Date
5/10/2021
Description
AAE - Application/Affidavit And Entry Of Default
Docket Date
5/11/2021
Filing Party
NOTE:
Affidavit on Default and Entry of Default
Filing Date
5/10/2021
Description
AAE - Application/Affidavit And Entry Of Default
Docket Date
5/12/2021
Filing Party
NOTE:
Application for Entry of Default
Filing Date
5/6/2021
Description
CAN - Credit Memo Appearance Fee Paid
Docket Date
5/7/2021
Filing Party
NOTE:
Credit Memo/Appearance Fee Paid
Filing Date
4/30/2021
Description
STP - Stipulation
Docket Date
5/3/2021
Filing Party
NOTE:
STIPULATION TO JUDGMENT AS TO DEFENDANT SECRETARY OF HOUSING AND URBAN DEVELOPMENT
Filing Date
4/15/2021
Description
APU - Affidavit Of Publication
Docket Date
4/20/2021
Filing Party
NOTE:
Affidavit regarding Service by Publication
Filing Date
3/29/2021
Description
APU - Affidavit Of Publication
Docket Date
4/2/2021
Filing Party
NOTE:
HOWARD J ROTH UNKNOWN HEIRS AND DEVISEES OF HOWARD J ROTH
Filing Date
3/11/2021
Description
AFM - Affidavit of Service Registered/Certified Mail
Docket Date
3/17/2021
Filing Party
NOTE:
SECRETARY OF HOUSING AND URBAN DEVELOPMENT
Filing Date
2/26/2021
Description
AFS - Affidavit Of Service
Docket Date
3/4/2021
Filing Party
NOTE:
SECRETARY OF HOUSING AND URBAN DEVELOPMENT
Filing Date
2/17/2021
Description
COM - Complaint
Docket Date
2/17/2021
Filing Party
NOTE:
Complaint
Filing Date
2/17/2021
Description
CCN - Cert Arbitration - Not Subject
Docket Date
2/17/2021
Filing Party
NOTE:
Certificate of Compulsory Arbitration
Filing Date
2/17/2021
Description
NOT - Notice
Docket Date
2/17/2021
Filing Party
NOTE:
Notice of Lis Pendens
Filing Date
2/17/2021
Description
CSH - Coversheet
Docket Date
2/17/2021
Filing Party
NOTE:
Civil Cover Sheet
Filing Date
2/17/2021
Description
SUM - Summons
Docket Date
2/17/2021
Filing Party
NOTE:
Summons
Filing Date
2/17/2021
Description
SUM - Summons
Docket Date
2/17/2021
Filing Party
NOTE:
Summons
Filing Date
2/17/2021
Description
SUM - Summons
Docket Date
2/17/2021
Filing Party
NOTE:
Summons
Case Calendar
Date
Time
Event
Date
7/14/2021
Time
13:30
Event
Default Hearing
Date
10/26/2022
Time
9:20
Event
Judgment Debtor Exam
Judgments
Date
(F)or / (A)gainst
Amount
Frequency
Type
Status
Date
7/14/2021
(F)or / (A)gainst
F:  Sun City Grand Community Association Inc
A: Howard J Roth
Amount
$796.39
Frequency
One Time
Type
Costs
Status
Satisfied
Date
7/14/2021
(F)or / (A)gainst
F:  Sun City Grand Community Association Inc
A: Howard J Roth
Amount
$3,509.00
Frequency
One Time
Type
Attorney Fee
Status
Satisfied
Date
7/14/2021
(F)or / (A)gainst
F:  Sun City Grand Community Association Inc
A: Howard J Roth
Amount
$621.89
Frequency
One Time
Type
Interest
Status
Satisfied
Date
7/14/2021
(F)or / (A)gainst
F:  Sun City Grand Community Association Inc
A: Howard J Roth
Amount
$4,973.60
Frequency
One Time
Type
Principal
Status
Satisfied