Federal National Mortgage Association v. Home et al
Filing
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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)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Federal National Mortgage Association,
Plaintiff,
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ORDER
vs.
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No. CV11-01227-PHX-DGC
Marshall E. Home; Independent Rights
Party,
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Defendants.
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Plaintiff Federal National Mortgage Association (“Fannie Mae”) brought its
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complaint (Doc. 1) after Defendants Marshall E. Home and Independent Rights Party
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used the name “Federal National Mortgage Association” to execute special warranty
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deeds transferring a number of Fannie Mae-owned properties to Defendants.
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September 22, 2011, the Court entered default judgment against Defendants on all seven
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counts, found Plaintiff entitled to statutory damages in the amount of $141,200, entered a
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permanent injunction against Defendants, invalidated the special warranty deeds filed by
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Defendants, and cancelled Home’s registration of the trade name “Federal National
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Mortgage Association” with the Arizona Secretary of State. Doc. 50. The Court granted
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Plaintiff’s request to seek attorneys’ fees in accordance with Local Rule of Civil
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Procedure 54.2. Id. at 5.
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On
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).
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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).
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Given the default judgment against Defendants on all counts in the complaint,
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including count three which alleged Defendants’ wrongful efforts to claim an interest in
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and purport to hold title to the property evidenced by the special warranty deeds in
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violation of A.R.S. § 33-420(A), Plaintiff clearly is entitled to a fee award under that
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section. See Allied Mortg. Group, Inc. v. Peter Strojnik, P.C., No. CV-08-0376, 2009
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WL 2581400 at *5 (Ariz. App. Aug. 20, 2009). Having reviewed Plaintiff’s supporting
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memorandum (Doc. 51, at 3-11) and counsel’s declaration and statement of fees and
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costs (Docs. 51-1, 51-2, 51-3), the Court finds the requested fees and costs to be
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reasonable and appropriate.
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IT IS ORDERED:
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1.
Plaintiff’s motion for attorneys’ fees and costs (Doc. 51) is granted.
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2.
Plaintiff is awarded attorneys’ fees in the amount of $70,192.50 and costs
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in the amount of $1,219.00.
Dated this 3rd day of January, 2012.
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