Case Conclusion Date:April 18, 2012
Practice Area:Real Estate
Outcome:Appeal affirmed in my client's favor.
Description:Plaintiff brought an action for declaratory and injunctive relief relating to a home foreclosure and trustee's sale. After Defendants prevailed on a Motion to Dismiss, plaintiff/appellant Janice Morin appeals from the trial court's dismissal of her complaint for failure to state a claim upon which relief can be granted. See Ariz. R. Civ. P. 12(b)(6). She argued, inter alia, that the court erred in dismissing her complaint because no recorded document established that appellee Bank of America was a beneficiary under the deed of trust with authority to commence foreclosure proceedings.