032217 STALE DATED WARRANTS.PDF

INTEROFFICE MEMORANDUM
TRANSMITTAL
TO: CLERK OF THE BOARD OF SUPERVISORS
FROM/RETURN TO: Cathy Sanchez
DEPT: Treasurers Office PHONE: 602-506-7881 • • . (/)
-
DATE: 3/13/17
Please find attached the following Affidavit(s) / Notice of Claim(s) for duplicate or
stale-dated warrants/checks for inclusion on the next available Board of
Supervisors' agenda:
NUMBER OF DUPLICATE WARRANTS/CHECKS ATTACHED
1 NUMBER OF STALE-DATED WARRANTS/CHECKS ATTACHED
Type* Name on Affidavit Warrant # Amount
Advanced Property Tax Liens Inc 809757 $8,893.35
SD
*Type — please enter the code for the following type of re-issued warrant requested
• D=Duplicate Warrant (within one year of date of issuance)
• SD=Stale-Dated Warrant (over one year, but not more than 2 years old)
•
Circle response:
1. Has this warrant been cashed? yes(no)
2. A stop payment has been placed on this warrant? yes no
3. If a Stale-Dated Warrant, is this date w/in 2 years of issuance? yes no n/a
6ee_ frted- "'DK 4oa44

Disbursement Detail I 475648 Page 1 of 1
Maricopa County Treasurer
Disbursement Detail
Check Number: 809757 Request Date: 6/12/2014
Issue Date: 06/13/2014 Requester: PANOPIOH
Current Status: STALE Request Status: APPROVED
Medium: CHECK Reference: SLIP 201400360
Reissued To: Approval Date: 6/13/2014
Exception NO EXCEPTION Approver: CORDOVAD
Type: REFUNDS Destination: MAIL
Reissued From:
Payee GL Account Number Amount
ADVANCED PROPERTY TAX LIENS INC 30050000 $8,893.35
PO BOX 7744
PHOENIX AZ 85011 Check Total: $8,893.35
Stub Information
CP Redemption/Surrender Refund
PARCEL CP CP AMOUNT PARCEL CP CP AMOUNT
200-46-336 08013800 $8,893.35
Status Date Status Description User
6/13/2014 READY CORDOVAD
6/13/2014 SELECTED BUSTILLOSR002
6/13/2014 ISSUED BUSTILLOSR002
7/1/2015 STALE BUSTILLOSR002
file:///ClUsers/sanchezc004/AppData/Local/Temp/rad8489D.html 3/13/2017

Application for a Duplicate or Stale-Dated Warrant/Check
Affidavit/Claim Form
This application is for: D Duplicate or ErStale-Dated (definitions are on page 2)
STATE OF ARIZONA Note: Numbers on this form correspond to numbers on the
COUNTY OF MARICOPA Instruction sheet which is page 2 of this form.
(Acwwc--4-i\?zo c (1), being first sworn, upon oath deposes and says:
Name/Claimant
On or about Co (date)(2) a warrant/check was issued to the
above named person/entity in the amount as stated below. Such warrant/check was
either never received or was subsequently inadvertently lost or destroyed and there is
no reasonable probability of its being found or presented for payment, or it was not
presented for payment within one year after the date of issuance.
Therefore, under penalty of perjury, claimant hereby affirms that this claim is correct
and the amount shown is due and owing, and the applicant requests that a replacement
warrant/check be issue in the sum of $ B k (?)()\3 -3 tiC .(3)
Signed: (4)
Note: Pleas0 attach a copy of the warrant/check if available and/or any other
evidence that a warrant/check was originally issued.
(5) Subscribed and sworn to before me this t 3-ct, day of mActc.,., 20i Li
ghlk 11444, Ow)
NOTARY PUBLIC NOTARY PUBLIC
STATE OF ARIZONA
Maricopa County
My commission expires: COLLIN KESSLER ROSS
My Commission Expires January 15, 2019
(//s/lq (seal)
Warrant/Check Number
(if known) (6)
Original Date of Issue I
(if known) (7) (,011 3 H\
Reason for original issue of Warrant/Check (8):
O Payroll
O For Services or Goods furnished
IIKTreasurer's refund/payment
O Other:
C:\UsersVack Evans\AppData \Local \Microsoft\Windows\INetCache\Content.Outlook\OBNEQJOO\Warrants Checks notice of
claim.doc
Revised April 2015 A.R.S. 11-632 & 11-644

ADVANCED PROPERTY TAX LIENS, INC.
PO BOX 7744
PHOENIX, AZ. 85011
(480) 905-1413
March 10, 2017
Maricopa County Board of Supervisors
Attn: Ms. Cathy Sanchez
Re: Stale dated redemption check no. 809757 in the amount of $8,893.35 to the order of
Advanced Property Tax Liens, Inc. for PIN 200-16-336.
Dear Ms. Sanchez,
APT is aware of the limitation imposed by ARS 11-644. However, the two year statute was tolled during
the litigation involving the foreclosure of the tax liens on the Gladden property. APT had paid all of the
taxes on the property and obtained a foreclosure judgment (attached) and received a treasurer's deed
to the property. Thereafter Gladden set aside the foreclosure judgment based upon an error in
computing the number of days before a default could be entered. Gladden then paid the taxes which
had been previously paid by APT. The treasurer issued a refund check to APT. However, APT appealed
the trial court's order setting aside the foreclosure judgment.
If APT had cashed the check previously issued to it by the treasurer during the appellate process it would
have been considered an admission that it had not complied with the applicable time periods which
must be observed in obtaining a foreclosure judgment. It is noted that the opinion of the Court of
Appeals in Advanced Property Tax Liens vs. Gladden, 1 CA-CIV 14-0478 was filed on December 15,
2015. However, the motion for rehearing and petition for review were filed in early 2016. The case was
not concluded until the Court of Appeals had ruled on all of the motions and the petition (see attached
decision June 9, 2016).
It is respectfully submitted that the limitation imposed by ARS 11-644 was tolled until the litigation
involving the ownership of the property was concluded. If APT's foreclosure judgment had been
affirmed on appeal APT would not have been entitled to cash the check since its payment of the taxes
was a sine qua non to its obtaining the foreclosure judgment and its entitlement to a deed to the
property.
I am the president of APT and authorized to sign on its behalf.
Thank you for your consideration and please do not hesitate to call me should you have any
questions or need further information.
Respectfully,
Jack Evans
President
Advanced Property Tax Liens, Inc.

Unofficial
20Document
When recorded mail to: 03
Name:
Address:
City/State/Zip:
this area reserved for county recorder
CAPTION HEADING:
DO NOT REMOVE
This is part of the official document.

20140290675
CERTIFIED COPY JtyvES.
MED
14
KESSLER LAW OFFICES MAY -5 AM 9: 23
Eric W. Kessler, SBN 009158
2 240 North Center Street
Mesa, Arizona 85201
3 (480) 644-0093
(480) 644-0095 FAX
4 eric@kesslerlaw@phxcoxmail.com
COPY FOR
5 Attorneys for Plaintiff -.,ERTIFICATION
6 IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
7 IN AND FOR THE COUNTY OF MARICOPA
8
9 ADVANCED PROPERTY TAX LIENS,
INC., an Arizona corporation, NO.: CV2013-093289
10 Plaintiff,
11 VS. JUDGMENT
12 JODY L.C. GLADDEN, an unmarried
13 woman; DISCOVER BANK, a corporation;
CITY OF PEORIA, a body politie,'"'
14 JOHN DOE and JANE DOE;
ABC CORPORATION;
15 ALL UNKNOWN HEIRS OF ABOVE,
16 Defendants.
17
WHEREAS Defendants JODY L.C. GLADDEN and DISCOVER BANK were
18
properly served; Defendant CITY OF PEORIA having stipulated to Judgment as herein
19
provided; the Court having determined there is no just cause for delay and having
20
21 directed that Judgment be entered as herein provided; a default having been entered by
22 the Clerk of this Court; the Court having heard testimony and having examined the (6
tvw4. A.A..c.e. itxs" (
23 proofs offered by Plaintiff, and for good cause appearing,0 is -watc.-•
24 ORDERED AND ADJUDGED;
25
1. That the sale of the subject real property, the Certificate and Purchase issued
26
1

20140290675
pursuant thereto, the assignment thereof and the service of process upon all
2 Defendants herein are all valid;
3 2. That at the time of said sale, the taxes on said real property were delinquent;
4 3. That more than three (3) years have elapsed since the sale of the subject real
5
property;
6
4. That the rights of all Defendants herein to redeem the subject real property from
7
8 the sale thereof are forever foreclosed; said Defendants are barred forever and
9 estopped from having or claiming any right or title adverse to Plaintiff herein, and title to
10 said real property is hereby quieted in favor of Plaintiff against these Defendants;
11 5. That Plaintiff is adjudged to be the owner in fee simple of the subject real
12
property.
13 Unofficial Document
6. That the Treasurer of Maricopa County is commanded to execute and deliver
14
15 forthwith to Plaintiff a Treasurer's Deed conveying all of the real property described as
16 follows:
17
18
19
20
21
22
23
24
25 I II
26 I II
2

20140290675
4
1 Tax Parcel Number 200-16-336
2 Certificate of Purchase No. 8013800
3 LEGAL DESCRIPTION:
4
MCR #: 44114
5 Address: 8839 W ADAM AVE PEORIA 85382
6 Latitude/Longitude: 33.67761469J -112.25045035
Description: DEER VILLAGE UNIT 4 MCR 441-14
7
Lot Size (Sq Ft): 6200
8 Section, Township, Range: 22 4N lE
9 Market Area/Neighborhood: 15/010
Subdivision: DEER VILLAGE UNIT 4
10
Lot #: 31
11 High School District: PEORIA UNIFIED #11
12 Elementary School District: PEORIA UNIFIED SCHOOL DISTRICT
13 Local Jurisdiction: Unofficial Document PEORIA
DATED THIS DATE: 5 15 litt
15
16
17
18 COMMISSIONER MARGARET BENNY
19
20
21
92 The foraccing instrumat ha 14 Info and cooed copy
of the original on lib in Pis ofiek : a a
23 Mist
24 suctsvi.K .Ekig, ---*---;----- ok supoorcalirioribe
glide of Adman, en , - - In and :, forinireotati IA' of Undeopt
25 SY . -F14,4/4I=4.,..,,—DePutY : -
26 R. Maxwki ,
Deputy ale*

Civil Court Case Information - Case History Page 1 of 3
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Civil Court Case Information - Case History
Case Information
Case Number: CV2013-093289 Judge: Oberbillig, Robert
File Date: 8/21/2013 Location: Southeast
Case Type: Civil
Party Information
Party Name Relationship Sex Attorney
Advanced Property Tax Liens Inc Plaintiff Eric Kessler
Jody L C Gladden Defendant Female Gordon Bueler
Discover Bank Defendant Pro Per
City Of Peoria Defendant Pro Per
Case Documents
Filing Date Description Docket Date Filing Party
6/9/2016 ALT - Appeals Letter Of Transmittal 6/10/2016
NOTE: MANDATE & MEMORANDUM DECISION
6/9/2016 MAN - Order Of Mandate 6/10/2016
NOTE: AFFIRMED
12/7/2015 CAR - Court Of Appeals Receipt 12/8/2015
NOTE: C2C TRANSMISSION RECEIPT
12/7/2015 AIX - Appeals Index 12/8/2015
NOTE: AMENDED
11/2/2015 021- ME: Nunc Pro Tunc Order 11/2/2015
10/29/2015 CAO - Court Of Appeals Order 10/30/2015
NOTE: ORDER RE: STAYING APPEAL
5/29/2015 CAR - Court Of Appeals Receipt 5/29/2015
NOTE: FOR EXHIBITS
5/19/2015 CAR - Court Of Appeals Receipt 5/20/2015
NOTE: C2C TRANSMISSION RECEIPT
5/19/2015 AIX - Appeals Index 5/20/2015
NOTE: AMENDED
5/4/2015 MEM - Memorandum 5/5/2015
NOTE: RECORD ON APPEAL - REQUEST FOR POST-TRANSMISSION FILINGS
9/11/2014 CAR - Court Of Appeals Receipt 9/15/2014
NOTE: C2C TRANSMISSION
9/11/2014 AIX - Appeals Index 9/15/2014
8/25/2014 CAS - Civil Appeals Docketing Statement 8/25/2014
NOTE: Civil Appeals Docketing Statement
8/8/2014 CAR-Court Of Appeals Receipt 8/11/2014
NOTE: C2C TRANSMISSION
8/8/2014 AIX - Appeals Index 8/11/2014
8/5/2014 LET - Letter 8/6/2014
NOTE: COURT OF APPEALS/FILINGS FEES
6/27/2014 NOT - Notice 6/30/2014
NOTE: Plaintiffs Designation of Record on Appeal
6/25/2014 NDC - Notice Of Deposit With Court 7/2/2014
NOTE: $500.00
6/20/2014 NAP - Notice Of Appeal 6/20/2014
NOTE: Notice of Appeal / E-FILE BILLING $619
6/3/2014 005 - ME: Hearing 6/3/2014
5/28/2014 EXW - Exhibits Work Sheet 7/9/2014
5/26/2014 NOT - Notice 5/27/2014
NOTE: DEFENDANTS NOTICE OF REDEMPTION OF PROPERTY AND PROOF OF REDEMPTION
5/20/2014 RES - Response 5/20/2014
NOTE: Response to Emergency Motion to Set Aside Default Judgment Against Jody L. Gladden
5/20/2014 CAN - Credit Memo Appearance Fee Paid 5/21/2014
NOTE: Credit Memo/Appearance Fee Paid
5/19/2014 MVJ - Motion To Vacate Judgment 5/20/2014
NOTE: EMERGENCY MOTION TO SET ASIDE DEFAULT JUDGMENT AGAINST JODY L. GLADDEN
5/5/2014 AFS - Affidavit Of Service 5/12/2014
NOTE: OUT OF STATE SERVICE
5/5/2014 JUD - Judgment 5/16/2014
http://www.superiorcourt.maricopa.gov/docket/CivilCourtCases/caseInfo.asp?caseNumber.. . 3/10/2017

Civil Court Case Information - Case History Page 2 of 3
NOTE: Notice of filing and entry provided to the parties
4/24/2014 023 - ME: Order Entered By Court 4/24/2014
4/22/2014 AAE - Application/Affidavit And Entry Of Default 4/22/2014
NOTE: APPLICATION FOR DEFAULT
9/25/2013 SFJ - Stipulation For Judgment 9/26/2013
NOTE: Stipulation to Judgment
9/12/2013 AFS - Affidavit Of Service 9/18/2013
NOTE: JODY L C GLADDEN
9/12/2013 SUM - Summons 9/16/2013
9/11/2013 AFS - Affidavit Of Service 9/16/2013
NOTE: DISCOVER BANK
8/29/2013 AFS - Affidavit Of Service 9/9/2013
NOTE: CITY OF PEORIA
8/21/2013 COM - Complaint 8/22/2013
8/21/2013 CCN - Cert Arbitration - Not Subject 8/22/2013
8/21/2013 CSH - Coversheet 8/22/2013
Case Calendar
Date Time Event
5/5/2014 9:00 Default Hearing
5/21/2014 9:00 Default Hearing
5/28/2014 9:00 Default Hearing
Judgments
Date (F)or / (A)gainst Amount Frequency Type Status
5/5/2014 A: One Time Judgment Only
http://www.superiorcourt.maricopa.gov/docket/CivilCourtCases/caseInfo.asp?caseNumber.. . 3/10/2017

NOTICE: NOT FOR OFFICIAL PUBLICATION.
UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT
PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE,
IN THE
ARIZONA COURT OF APPEALS
DIVISION ONE
ADVANCED PROPERTY TAX LIENS, INC., an Arizona corporation,
Plaintiff/Appellant,
V.
JODY L. GLADDEN, an unmarried women, Defindant/Appellee.
No. 1 CA-CV 14-0478
FILED 12-15-2015
Appeal from the Superior Court in Maricopa County
No. CV2013-093289
The Honorable Margaret Benny, Judge Pro Tempore
AFFIRMED
COUNSEL
Kessler Law Offices, Mesa
By Eric W. Kessler
Counsel for Plaintiff/Appellant
Bueler Jones LLP, Chandler
By Gordon S. Bueler
Counsel for Defendant/Appellee

ADVANCED v. GLADDEN
Decision of the Court
MEMORANDUM DECISION
Judge Maurice Portley delivered the decision of the Court, in which
Presiding Judge Margaret H. Downie and Judge Patricia A. Orozco joined.
PORTLEY, Judge:
111 Advanced Property Tax Liens, Inc. ("Advanced") appeals the
ruling rescheduling a default hearing and the trial court's subsequent
determination that Jody L. Gladden successfully redeemed her property
before the rescheduled hearing. Finding no error, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
112 A tax lien was assessed against property Gladden owned in
Peoria. Advanced subsequently purchased the lien from the Maricopa
County Treasurer and filed a lawsuit to foreclose Gladden's right to redeem
the property under Arizona Revised Statutes ("A.R.S.") section 4248201. 1
Gladden was served, did not file an answer, and Advanced filed an
application for default and sent her a copy on April 21, 2014. A default
judgment without hearing was entered on May 5, 2014.
¶3 Gladden timely moved to set aside the default judgment,
arguing the judgment was improper because it was entered before the
default became effective. See Ariz. R. Civ. P. 55(a)(3) (a default does not
become effective until ten days after the application for entry of default is
filed). The trial court agreed, orally set aside the default judgment, but not
the default, and rescheduled the default proceedings. The court did not,
however, issue a contemporaneous written order.
'14 Prior to the rescheduled hearing, Gladden deposited the full
redemption amount with the Treasurer and filed a "Notice of Redemption."
The Treasurer did not immediately issue a certificate of redemption under
A.R.S. § 42-18154(A). After the hearing, the court issued a signed order
affirming that the default judgment had been set aside and finding
Gladden's redemption was effective. Advanced appealed and we have
jurisdiction pursuant to A.R.S. § 12-2101(A)(1) and (2).
1 We cite to the current version of a statute unless otherwise noted.
2

ADVANCED v. GLADDEN
Decision of the Court
DISCUSSION
I. The Default Hearing
¶5 Although conceding the default judgment was properly set
aside, Advanced argues that the trial court erred by postponing the default
proceedings for seven days. Advanced contends that the court should have
held the default hearing as scheduled because Gladden "had not appeared
in the action." We disagree.
¶6 Rule 55(b)(2) provides, in relevant part, that:
If the party against whom judgment by default
is sought has appeared in the action, that party
or, if appearing by representative, that party's
representative, shall be served with written
notice of the application for judgment at least
three days prior to the hearing on such
application.
Ariz. R. Civ. P. 55(b)(2). If a defendant who has appeared does not receive
three days' written notice of the default hearing, the default judgment is
void. Gustafson v. McDade, 26 Ariz. App. 322, 323, 548 P.2d 415,416 (1976).
Although Gladden did not file an answer, she appeared by
moving to set aside the default judgment. She was unaware of the pending
hearing two days later and only learned about it after receiving Advanced's
response. As a result, because she made an appearance, Advanced could
not secure a default judgment without giving her three days' written notice.
See BYS Inc. v. Smoudi, 228 Ariz. 573, 578, it 20, 269 P.3d 1197, 1202 (App.
2012) ("Once a defendant has appeared, a default judgment can be obtained
only after a hearing by the court upon three days' written notice.").
Advanced contends that the hearing was sufficient to allow
the court to enter a default judgment. We disagree. Gladden only had one
day's notice of the hearing. Rule 55(b)(2) specifically requires three days'
notice. See Gustafson, 26 Ariz. App. at 323, 548 P.2d at 416. Moreover, the
rule does not specify when the first appearance occurs three days' notice
is required if the appearance occurs before a hearing to secure a default
judgment. See Ruiz v. Lopez, 225 Ariz. 217, 221, 1112,236 P.3d 444,448 (App.
2010) ("We interpret procedural rules according to their plain meaning.").
As a result, the court properly rescheduled the default hearing so that
Gladden would have the three day notice before the hearing. We find no
error.
3

ADVANCED v. GLADDEN
Decision of the Court
Redemption Was Effective
Advanced also argues that Gladden's attempt to redeem the
property was ineffective because she redeemed the lien before she had a
written order setting aside the default judgment. Advanced cites an email
received from the Treasurer's Office stating that "[w]ithout the Court Order
setting aside the first judgment [Gladden's] redemption can't be
processed." We disagree.
1[10 First, A.R.S. § 42-18206 permits a person entitled to redeem a
property to do so "at any time before judgment is entered, notwithstanding
that an action to foreclose has been commenced." (Emphasis added.)
Because both parties were aware of the court's ruling, Gladden paid funds
to redeem her property before the entry of a valid final judgment and was
successful.
41111 Moreover, there is no requirement that parties with actual
knowledge of a court's order setting aside a default must wait for a written
or signed order before exercising the statutory right of redemption. And
Advanced has not cited to any statutory or case law that required Gladden
to wait for a written or signed order before paying the redemption fees in
the short time before the court's ruling and the rescheduled hearing. 2
¶12 Finally, Advanced's reliance on Friedemann v. Kirk, 197 Ariz.
616, 5 P.3d 950 (App. 2000), does not change our analysis. Friedemann was
a quiet title action where we found that "the trial court erred in granting the
Treasurer's motion to vacate the entry of default judgment because [the
property owner's] right to redeem the property tax lien was already
foreclosed at the time the Treasurer accepted her redemption payment." Id.
at 617, 11 1, 5 P.3d at 951. Here, there was no final default judgment at the
time Gladden tendered the redemption fees because the default judgment
had been set aside. Consequently, there was no legal impediment
preventing Gladden from redeeming her property. Therefore, the trial
court did not err in finding that the redemption was effective.
2 Advanced cites A.R.S. § 42-18154, but the statute merely requires the
Treasurer to issue a certificate of redemption, lists the information that must
be included in the certificate, and authorizes the holder to record the
certificate. The statute is silent about any requirement that a redeeming
party must first seek or secure a written order to satisfy the Treasurer that
he or she has the right to redeem. See A.R.S. § 42-18154(A).
4

ADVANCED v. GLADDEN
Decision of the Court
¶13 Because Gladden has prevailed on appeal, we award her costs
on appeal upon compliance with ARCAP 21.
CONCLUSION
¶14 We affirm the trial court's rulings.
Ruth A, Willingham • Clerk of the Court
FILED: ama
5

JPMorgan Chase Bank, N.A.
MARICOPA COUNTY TREASURER PHOENIX, AZ 809757
CHARLES "HOS" HOSKINS, COUNTY TREASURER ACH R/T 122100024 809757
SERVICING BANK ACCOUNT 91-2/1221 ; 2
0613,Y3/2014
PAY
8893 Dollars and 35 Cents $8,893.35
TO THE ORDER OF Inclu
ADVANCED PROPERTY TAX LIENS INC CHECK VOID AFTER 365 DAYS
MARICOPA COUNTY TREASURER Features
PO BOX 7744 CHARLES "HOS" HOSICINS, COUNTY TREASURER
PHOENIX AZ 85011 Security
MEMO AUTHORIZED SIGNATURE Iei
•1309757• 1: L22 L000 244 9000 L'10 LH°