Arizona Laws 6-991.16. 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 6-991.15 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 mortgage recovery fund based on the grounds set forth in the claimant’s application to the deputy director.
Terms Used In Arizona Laws 6-991.16
- 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.
- Continuance: Putting off of a hearing ot trial until a later time.
- Department: means the department of insurance and financial institutions. See Arizona Laws 6-101
- Deputy director: means the deputy director of the financial institutions division of the department. See Arizona Laws 6-101
- Division: means the financial institutions division within the department. See Arizona Laws 6-101
- Judgment: means either:
(a) A final judgment in a court of competent jurisdiction. See Arizona Laws 6-991
- Judgment debtor: means any defendant under this article who is the subject of a judgment. See Arizona Laws 6-991
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
B. The claimant must serve a copy of the verified application on the deputy director and on the judgment debtor and file a certificate or affidavit of service with the court. Service on the deputy director shall be made by certified mail addressed to the deputy director. Service on a judgment debtor shall be made pursuant to Section 6-991.12 and shall include the following notice:
NOTICE
An application has been filed with the court for a payment from the mortgage recovery fund that was previously denied by the deputy director of the financial institutions division of the department of insurance and financial institutions. If you wish to defend in court against this claim, you must file a written response with the court within thirty 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 deputy director 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 set the matter for hearing on the petition of the claimant. The court shall grant a request of the deputy director 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 a time that the court considers to be appropriate.
D. At the hearing, the claimant must establish compliance with the requirements of Section 6-991.11.
E. If the judgment debtor fails to file a written response to the application, the deputy director may compromise or settle the claim at any time during the court proceedings and, on joint petition of the applicant and the deputy director, the court shall issue an order directing payment out of the mortgage recovery fund.