Court of Appeals of Arizona, First Division, Department A
(Not for Publication-Rule 28, Arizona Rules of Civil Appellate Procedure)
Appeal from the Superior Court of Yavapai County Cause No. V1300CV820090493 The Honorable Patricia A. Trebesch, Judge
Harold Lang, In Propria Persona Sedona Plaintiff/Appellant.
Bryan Cave LLP Phoenix By Robert W. Shely And Rodney W. Ott Attorneys for Defendant/Appellee
JON W. THOMPSON, Presiding Judge
¶1 Harold Lang (Lang) appeals from the trial court's grant of summary judgment in favor of defendant/appellee ReconTrust Co. (trustee). For the reasons that follow, we affirm.
¶2 Lang owned a house in Sedona. In April 2007, he took out a thirty-year fixed rate refinance loan on the house. The lender was Countrywide Home Loans, Inc., which subsequently was taken over by Bank of America (the lender). In early 2009, Lang stopped paying the full amount of his mortgage payment. He has not paid any amount to the lender since March 2009.
¶3 In June 2009, trustee noticed a trustee's sale on Lang's house. Lang filed a complaint in superior court to prevent the trustee's sale. He maintained that the lender had refused his tendered payments and to explain an increase in his monthly payments. In September 2009, the trial court issued a preliminary injunction preventing the trustee's sale, and ordered Lang to deposit the undisputed amount of his mortgage payment, $3027.20 per month, with the court "as additional bond to the Court."
¶4 By December 2009, Lang stopped making the required monthly deposit with the court. He advised the court that he had run out of money. Trustee filed a motion for summary judgment in April 2010.
¶5 In June 2010, the trial court held oral argument on trustee's motion for summary judgment and dismissed Lang's claim for declaratory relief. The court found that there were factual issues in dispute regarding whether or not Lang had been presented with a complete accounting, and denied the motion for summary judgment as to count one of the complaint. Trustee filed a motion for reconsideration, which the trial court denied.
¶6 In September 2010, trustee filed a motion to quash the preliminary injunction. The same month, Lang filed a "motion for order to dismiss foreclosure, " which the trial court denied. Lang failed to respond to the motion to quash the preliminary injunction, and the trial court granted the motion. In December 2011, the trial court issued an order granting trustee's motion to compel Lang's responses to discovery and to deem admissions admitted based on Lang's failure to respond to trustee's discovery requests. The requested admissions included:
1. Bank of America sent you a letter explaining . . . why your mortgage payment increased in early 2009 . . . on September 9, 2009.
2. Bank of America sent you a full accounting of your mortgage loan account in October 2009 through your former attorney Scott Miskel.
3. Undersigned counsel sent you a copy of the accounting of your mortgage loan account as an attachment to the Motion for Summary Judgment ...