John Hogan v. Washington Mutual Bank

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 had to demonstrate their authority, rather than alleging that they lacked authority, his complaints did not state a claim for relief. The court affirmed dismissal of the complaints and vacated the court of appeals' opinion while agreeing with its result.