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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE
LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED.
IN THE
MEMORANDUM DECISION
Presiding Judge Andrew W. Gould delivered the decision of the Court, in
which Judge Peter B. Swann and Judge Jon W. Thompson joined.
G O U L D, Judge:
1
This appeal arises from a forcible entry and detainer (FED)
action initiated by Deutsche Bank National Trust Company (Deutsche
Bank) against Thomas and Laurie Bilyea (Defendants). Defendants
argue the court erred in granting Deutsche Banks motion for judgment on
the pleadings and entering judgment in favor of Deutsche Bank. We
disagree and affirm.
FACTS AND PROCEDURAL BACKGROUND
2
Deutsche Bank purchased Defendants home at a trustees
sale on January 9, 2013. On February 9, 2013, Deutsche Bank gave
Defendants notice of its demand for possession of the property by taping a
demand letter to the front door of their residence. When Defendants
failed to surrender possession, Deutsche Bank filed an FED complaint to
evict them and obtain possession of the property. In their answer to the
complaint, Defendants admitted that they had received Deutsche Banks
notice demanding possession of the property; however, Defendants also
asserted that the trustees sale was illegal because Deutsche Bank did not
possess valid title to the property.
3
Deutsche Bank filed a motion for judgment on the pleadings,
arguing that Defendants had not raised any valid defenses and it was
entitled to immediate possession. The court granted Deutsche Banks
motion and ordered Defendants to surrender possession of the property.
Defendants filed a motion to vacate the judgment challenging the validity
of the trustees sale and arguing that the merits of title were at issue; the
court denied this motion. Defendants then filed a motion to reconsider,
which the court denied. Defendants timely appealed.
DISCUSSION
4
Defendants argue the trial court erred in granting Deutsche
Banks motion for judgment on the pleadings because there was a triable
issue as to whether Deutsche Bank possessed legal title to the property. In
2
:MJT