Writ of Special Execution Quieting Title in Homeowners

CAROL AN'N MCLJWD
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KJ4~NNJ<~TH McLIWD
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PRO SE (SELF REPRESRNTED
LITIGANTS)
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IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF MARICOPA
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KENNETH MCLEOD and CAROL ANN
MCLEOD, a married couple,
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Plaintiffs,
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WRIT OF SPECIAL EXECUTION
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CASE NO.: CV2008·092175
NANCY PERRY et a1
602..251-4434
or
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Defendants.
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THE STATE OF ARIZONA, TO THE SHERIFF OF MARICOPA
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COUNTY, ARIZONA, GREETINGS:
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WHEREAS, on November 24, 2008 the above named Plaintiffs, Kenneth ~
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McLeod and Carol Ann McLeod, husband and wife, were awarded a Judgment of
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Quiet Title in the herein numbered and styled case by the Maricopa County
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Superior Court, quieting title against Securitized Asset Backed Receiva~~e~ LL-C ~ -..,., ~ :;
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Trust 2007-NC2 (a certified copy of the Quiet Title Judgment is
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A and incorporated herein)
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follows:
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"That the subject property is hereby awarded to, and title quieted in
favor of Plaintiffs Kenneth McLeod and Carol Ann McLeod. The
subject property is located at
85249 and described as follows:"
"Lot One Hund
Unit 111, accor
Recorder of Ma
Official
Records."
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to
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"That Defendant SABR is permanently enjoined and prohibited from
recording any documents affecting or purporting to affect title of the
subject property; and, any acts or recordings now or in the future by
Defendant SABR relating to the subject property shall be of no force or
effect. rr
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"The Court has expressly determined there is no just reason for delay
and expressly directs entry of this final Judgment as set forth herein."
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NOW, THEREFORE, YOU ARE HEREBY COMMANDED to proceed to
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seize the property known as:
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Lot
Circle G at
111, according to the plat of record in the office of the County Recorder of
Maricopa County, Arizona, in Book
Correction Recorded as . .17, of Official Records.
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Or, more commonly known as • • • • •
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and, upon seizure, issue a SHERIFFS DEED to the property in favor of:
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Kenneth McLeod and Carol Ann McLeod, husband and wife, not as tenants in
common and not as community property estate, but as joint tenants with right of
survivorship.
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HEREIN FAIL NOT, under penalty of the law, but make return of, showing
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you have executed this Writ and issued the demanded Sheriffs Deed, within ninety
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(90) days after receipt of this Writ.
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GIVEN under my hand and seal of this office this 16th day of October 20
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CLERK OF THE SUPERIOR COURT
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lJlCJi1t"it:"y Clerk
R.ROMERO
QE?UTY CLERK
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KENNETH MCLEOD and
CAROL ANN MCLEOD, a
married couple
vs.
NANCY PERRY et al.
STATE OF ARIZONA
)
) S5.
County of Maricopa
)
CV2008-092175
C292581
I, JOSEPH M. ARPAIO, SHERIFF OF THE COUNTY OF MARICOPA, STATE
OF ARIZONA, do hereby certify that I received the within WRIT OF SPECIAL EXECUTION
on the 17th day of January, 2014 and did, on the 11th day of March, 2014 levy on the within
described real property. I further certify that pursuant to said Writ, I have Quieted the Title in
favor of the Judgment Creditor and herewith return this Writ to the Clerk of the Maricopa
County Superior Court wholly satisfied.
DATED this 11th day of March, 2014.
~. A~AIO, SHERIFF
D. G:t;;:geant
Civil Process Division
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PROPERTY TRANSFERS EXEMPT FROM AFFIDAVIT AND FILING FEE (ARS 11-1134)
PURSUANT TO A.3
In The Superior Court of the State of Arizona
IN AND FOR THE COUNTY OF MARICOPA
)
KENNETH MCLEOD and CAROL ANN
MCLEOD, a married couple, Plaintiff(s),
vs.
NANCY PERRY et ai, Defendant(s).
)
)
)
)
)
)
CV2008-092175
C292581
SHERIFF'S DEED
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By virtue of the Judgment ordering Quiet Title of the hereinafter described real property,
which was directed by Writ, judgment and/or Order of the Superior Court of the State of Arizona
in and for the County of Maricopa, Cause No. CV2008-092175, in said court, and the entire
proceedings in which cause are incorporated herein by reference thereto.
NOW THEREFORE, I, as Sheriff of Maricopa County, State of Arizona, as authorized
and directed by the said Court and the statutes of the State of Arizona in such case made and
provided, and to the extent thereby authorized and directed, do hereby convey unto and title
quieted in favor of:
***KENNETH MCLEOD AND CAROL ANN MCLEOD, HUSBAND AND WIFE, NOT AS
TENANTS IN COMMON AND NOT AS COMMUNITY PROPERTY ESTATE, BUT AS
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JOINT TENANTS WITH RIGHT OF SURVIVORSHIP***
the Defendant(s) interest in the following described real property situated in Maricopa County,
State of Arizona:
Lot One Hundred Fourteen
(redacted)
according to the plat of rec
County, Arizona, in Book
Recorded as 1997-192959, of Official Records.
·
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AKA:
(redacted)
Chandler AZ 85249
IN WITNESS WHEREOF, I hereunto set my hand this 11th day of March, 2014,
JOSEPH M. ARPAIO
SHERIFF OF MARICOPA COUNTY
By
STATE OF ARIZONA
-'-------'D. Gardner, Sergeant
Civil Process Division
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) 55.
COUNTY OF MARICOPA)
On this, the 11th day of March, 2014, before me, Rob Benner, the undersigned officer,
personally appeared D. Gardner, Sergeant, Deputy Sheriff of the County of Maricopa, State of
Arizona, known to me to be the person described in the foregoing instrument and acknowledged
that he, as such Deputy Sheriff of said County, executed the same in the capacity therein stated,
and for the purposes and consideration therein contained.
In witness whereof I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
A4176
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/18/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-092175
03/14/2014
CLERK OF THE COURT
M. Kay
Deputy
HONORABLE DAVID M. TALAMANTE
CAROL ANN MCLEOD, et al.
CAROL ANN MCLEOD
(redacted)
85249
v.
DEUTSCHE BANK NATIONAL TRUST, et al.
CHARLES PICCUTA
KENNETH MCLEOD
(address redacted)
85249
MATTHEW DAVID BEDWELL
DOCKET-CIVIL-SE
MINUTE ENTRY
Courtroom 207 – SEA
9:36 a.m. This is the time set for Trial Management Conference and Oral Argument on
Plaintiffs’ Motion to Continue Trial Date. Plaintiff Kenneth McLeod is present on his own
behalf. Counsel, Charles Piccuta, is present on behalf of Defendant Deutsche Bank National
Trust Company as Trustee Under Pooling and Servicing Agreement Dated as of February 1,
2007 Securitized Asset Backed Receivables LLC Trust 2007-NC2 Mortgage Pass-Through
Certificates, Series 2007-NC2. Counsel, Matthew D. Bedwell, is present on behalf of
subpoenaed witnesses, Christin Dockery and First American Title Insurance Company.
A record of the proceeding is made by audio and/or videotape in lieu of a court reporter.
The Court has reviewed the case file and the pleadings filed by the parties.
Docket Code 081
Form V000A
Page 1
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2008-092175
03/14/2014
Based on the Court’s review of the docket, the pleadings filed, and the age of the case,
the Court is not inclined to grant Plaintiffs’ Motion to Continue Trial Date.
Discussion is held regarding the remaining relief requested by Plaintiff.
For the reasons expressed on the record,
THE COURT FINDS that, and the parties agree that, the Bench Trial set for March 27,
2014 is not necessary because the only remedy requested by Plaintiff in the initial pleading was
entered by the Court on November 24, 2008 against Defendant Securitized Asset Backed
Receivables LLC Trust 2007-NC2. The only relief requested by the remaining Defendant is
attorney’s fees.
THE COURT FINDS that Defendant Deutsche Bank National Trust Company as
Trustee Under Pooling and Servicing Agreement Dated as of February 1, 2007 Securitized Asset
Backed Receivables LLC Trust 2007-NC2 Mortgage Pass-Through Certificates, Series 2007NC2 is not entitled to attorney’s fees in this matter. Any request for attorney’s fees is denied.
Based on the initial pleading filed and the number of Defendants that were named and
ultimately dismissed,
THE COURT FINDS that it is not appropriate to award any costs to the Plaintiff.
Because of the 2008 order, the Court declines to award any costs to the remaining Defendant.
For these reasons,
THE COURT FINDS that this matter is resolved and that no further proceedings are
necessary or appropriate.
IT IS ORDERED vacating the Bench Trial set for March 27, 2014 at 9:30 a.m.
IT IS FURTHER ORDERED quashing any existing subpoenas for witness appearances
at the trial.
10:10 a.m. Conference concludes.
Docket Code 081
Form V000A
Page 2

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