Federal National Mortgage Association v. Home et al
ORDER granting 51 Plaintiff's Motion for Attorney Fees. Plaintiff is awarded attorneys' fees in the amount of $70,192.50 and costs in the amount of $1,219.00. Signed by Judge David G Campbell on 1/3/12.(LSP)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Federal National Mortgage Association,
Marshall E. Home; Independent Rights
Plaintiff Federal National Mortgage Association (“Fannie Mae”) brought its
complaint (Doc. 1) after Defendants Marshall E. Home and Independent Rights Party
used the name “Federal National Mortgage Association” to execute special warranty
deeds transferring a number of Fannie Mae-owned properties to Defendants.
September 22, 2011, the Court entered default judgment against Defendants on all seven
counts, found Plaintiff entitled to statutory damages in the amount of $141,200, entered a
permanent injunction against Defendants, invalidated the special warranty deeds filed by
Defendants, and cancelled Home’s registration of the trade name “Federal National
Mortgage Association” with the Arizona Secretary of State. Doc. 50. The Court granted
Plaintiff’s request to seek attorneys’ fees in accordance with Local Rule of Civil
Procedure 54.2. Id. at 5.
Plaintiff has filed a motion for attorneys’ fees and costs. Doc. 51. No response
has been filed, and the time for filing one has passed. See LRCiv 54.2(b)(3).
Plaintiff seeks $70,192.50 in attorneys’ fees and $1,219.00 in costs against
Defendants pursuant to A.R.S. § 33-420(A). That section provides:
A person purporting to claim an interest in, or a lien or encumbrance
against, real property, who causes a document asserting such claim to be
recorded in the office of the county recorder, knowing or having reason to
know that the document is forged, groundless, contains a material
misstatement or false claim or is otherwise invalid is liable to the owner or
beneficial title holder of the real property . . . reasonable attorney fees and
costs of the action.
A.R.S. § 33-420(A).
Given the default judgment against Defendants on all counts in the complaint,
including count three which alleged Defendants’ wrongful efforts to claim an interest in
and purport to hold title to the property evidenced by the special warranty deeds in
violation of A.R.S. § 33-420(A), Plaintiff clearly is entitled to a fee award under that
section. See Allied Mortg. Group, Inc. v. Peter Strojnik, P.C., No. CV-08-0376, 2009
WL 2581400 at *5 (Ariz. App. Aug. 20, 2009). Having reviewed Plaintiff’s supporting
memorandum (Doc. 51, at 3-11) and counsel’s declaration and statement of fees and
costs (Docs. 51-1, 51-2, 51-3), the Court finds the requested fees and costs to be
reasonable and appropriate.
IT IS ORDERED:
Plaintiff’s motion for attorneys’ fees and costs (Doc. 51) is granted.
Plaintiff is awarded attorneys’ fees in the amount of $70,192.50 and costs
in the amount of $1,219.00.
Dated this 3rd day of January, 2012.
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