Federal National Mortgage Association v. Home et al

Filing 52

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)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Federal National Mortgage Association,
Plaintiff,

10
11

ORDER

vs.

12

No. CV11-01227-PHX-DGC

Marshall E. Home; Independent Rights
Party,

13

Defendants.

14
15

Plaintiff Federal National Mortgage Association (“Fannie Mae”) brought its

16

complaint (Doc. 1) after Defendants Marshall E. Home and Independent Rights Party

17

used the name “Federal National Mortgage Association” to execute special warranty

18

deeds transferring a number of Fannie Mae-owned properties to Defendants.

19

September 22, 2011, the Court entered default judgment against Defendants on all seven

20

counts, found Plaintiff entitled to statutory damages in the amount of $141,200, entered a

21

permanent injunction against Defendants, invalidated the special warranty deeds filed by

22

Defendants, and cancelled Home’s registration of the trade name “Federal National

23

Mortgage Association” with the Arizona Secretary of State. Doc. 50. The Court granted

24

Plaintiff’s request to seek attorneys’ fees in accordance with Local Rule of Civil

25

Procedure 54.2. Id. at 5.

26
27
28

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).

1
2
3
4
5
6
7

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).

8

Given the default judgment against Defendants on all counts in the complaint,

9

including count three which alleged Defendants’ wrongful efforts to claim an interest in

10

and purport to hold title to the property evidenced by the special warranty deeds in

11

violation of A.R.S. § 33-420(A), Plaintiff clearly is entitled to a fee award under that

12

section. See Allied Mortg. Group, Inc. v. Peter Strojnik, P.C., No. CV-08-0376, 2009

13

WL 2581400 at *5 (Ariz. App. Aug. 20, 2009). Having reviewed Plaintiff’s supporting

14

memorandum (Doc. 51, at 3-11) and counsel’s declaration and statement of fees and

15

costs (Docs. 51-1, 51-2, 51-3), the Court finds the requested fees and costs to be

16

reasonable and appropriate.

17

IT IS ORDERED:

18

1.

Plaintiff’s motion for attorneys’ fees and costs (Doc. 51) is granted.

19

2.

Plaintiff is awarded attorneys’ fees in the amount of $70,192.50 and costs

20
21

in the amount of $1,219.00.
Dated this 3rd day of January, 2012.

22
23
24
25
26
27
28
-2-