John F. Hogan, Plaintiff/appellant v. Washington Mutual Bank, N.a.; California Reconveyance Company; Jpmorgan Chase…

Summary

The court held that Arizona’s nonjudicial foreclosure statutes do not require a beneficiary to prove ownership or possession of the underlying note before a trustee may begin foreclosure. Because Hogan alleged only that the beneficiaries should be required to demonstrate their authority, rather than alleging that they actually lacked authority, his complaints failed as a matter of law. The superior court’s dismissals were affirmed, and the court of appeals’ opinion was vacated.