Arizona Magistrate Remands Foreclosure to State Court

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In a well reasoned decision, a Federal Judge reversed his prior position and remanded the case back to State Court, depriving the pretender lenders of a number of presumptions that they were using when they removed the case from State Court to Federal.

The decision recites the fact that there are “novel” issues of law, a concession that had been anathema to the courts and usually rejected out of hand. The Federal Judge said that the case did not belong in Federal Court because the Court would have to guess at what a state court judge would do and what the Arizona Supreme Court would say about the state judge’s decision.  In the interest of judicial economy and for the substantive reasons stated above, the Judge kicked the case back to state court. The wording of the opinion is such that the state court judge must take note that a federal judge recognized that there were meritorious and novel issues that were presented in construing state law within the context of so-called securitized loans.

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