Forcible detainer actions involving trustee’s sale claims must be brought in Superior Court, held the Maricopa County Superior Court on January 6, 2014 in New Age Real Estate Group AZ v. Oscar Quintana Perez. Like many purchasers at trustee sales, New Age Real Estate Group AZ filed their forcible detainer action to evict in Justice Court. Judgment in its favor was awarded the same day as the initial appearance without a trial ever being held. On appeal, the Maricopa County Superior Court reversed and remanded, holding that A.R.S. § 12–1173.01(A) vests the Superior Court with original jurisdiction over forcible detainer actions involving property sold through foreclosure of a mortgage or deed of trust.
New Age Real Estate Group AZ is a critical tool for homeowners facing forcible detainer actions following foreclosure because the holding is binding on Justice Court and carves out an exception to the general rule that Justice Court can hear forcible detainer actions. The typical forcible detainer action – a landlord seeking to eject holdover tenants – is adjudicated in Justice Court. Justice Court offers less protection for persons facing eviction because Justices of the Peace do not necessarily hold law licenses, the rules of evidence are relaxed, and the process moves much faster. Thus, New Age Real Estate Group AZ offers critical protection against the widespread practice of rushing forcible detainer actions through Justice Court.
It is important to note that the vesting of jurisdiction in Superior Court of forcible detainer actions against persons retaining possession of property following sale of the property through the foreclosure of a mortgage or deed of trust is the exception to the general rule that forcible detainer actions can be heard in Justice Court pursuant to A.R.S. § 12–1171 et seq.
If you do find yourself facing eviction, call the Prescott Law Group at (928) 445-1909. “Your Hometown Law Group” will fight for you.
Arizona Revised Statutes § 12–1173.01(A) – “Additional definition of forcible detainer”