Arizona Laws 32-2188.05. Claimant’s right to appeal denial of claim; service of notice of appeal; response; failure to file response
A. A claimant whose application is denied pursuant to Section 32-2188.04 may file within six months after receiving notice of a denial of the claim a verified application in the court in which judgment was entered in the claimant’s favor for an order directing payment out of the real estate recovery fund based on the grounds set forth in the claimant’s application to the commissioner.
Terms Used In Arizona Laws 32-2188.05
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Commissioner: means the state real estate commissioner. See Arizona Laws 32-2101
- Continuance: Putting off of a hearing ot trial until a later time.
- Judgment: means either:
(a) A final judgment in a court of competent jurisdiction. See Arizona Laws 32-2186
- Judgment debtor: means any defendant under this article who is the subject of a judgment. See Arizona Laws 32-2186
- License: means the whole or part of any agency permit, certificate, approval, registration, public report, charter or similar form of permission required by this chapter. See Arizona Laws 32-2101
- Real estate: includes leasehold-interests and any estates in land as defined in Title 33, Chapter 2, articles 1 and 2, regardless of whether located in this state. See Arizona Laws 32-2101
B. The claimant must serve a copy of the verified application on the commissioner and on the judgment debtor and file a certificate or affidavit of service with the court. Service on the commissioner shall be made by certified mail addressed to the commissioner. Service on a judgment debtor shall be made according to Section 32-2188.01 and shall include the following notice:
Notice
An application has been filed with the court for a payment from the real estate recovery fund that was previously denied by the Arizona state real estate commissioner.
If the court orders a payment from the real estate recovery fund, all of your licenses and license rights under Title 32, Chapter 20, Arizona Revised Statutes, will be automatically terminated.
If you wish to defend in court against this claim, you must file a written response with the court within 30 calendar days after you are served with a copy of the application. If you fail to file a written response, you waive your right to defend against the claim.
C. The commissioner and the judgment debtor each must file a written response within thirty calendar days after being served with the application under subsection B of this section. The court shall thereafter set the matter for hearing on the petition of the claimant. The court shall grant a request of the commissioner for a continuance of as much as thirty calendar days and, on a showing of good cause by any party, may continue the hearing for such time as the court considers to be appropriate.
D. At the hearing, the claimant must establish compliance with the requirements of section 32-2188.
E. If the judgment debtor fails to file a written response to the application, the commissioner may compromise or settle the claim at any time during the court proceedings and, on joint petition of the applicant and the commissioner, the court shall issue an order directing payment out of the real estate recovery fund.