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ADVANCED PROPERTY TAX LIENS v. SHERMAN

No. 1 CA-CV 10-0371.

260 P.3d 1093 (2011)

ADVANCED PROPERTY TAX LIENS, INC., an Arizona corporation, Plaintiff/Counterdefendant/Appellee, v. Allan SHERMAN and Heidi Sherman, his wife, Defendants/Counterclaimants/Appellants.

Court of Appeals of Arizona, Division 1, Department D.

July 26, 2011.

Attorney(s) appearing for the Case

Kessler Law Offices by Eric W. Kessler, Mesa, Attorneys for Plaintiff/Counterdefendant/Appellee.

Mack Drucker & Watson, P.L.C. by Chad R. Kaffer, Phoenix, Attorneys for Defendants/Counterclaimants/Appellants.

OPINION

GEMMILL, Judge.

¶ 1 Allen and Heidi Sherman (collectively "Shermans") appeal the denial of their motion to set aside Advanced Property Tax Liens, Inc.'s ("APT's") default judgment for the foreclosure of real property owned by the Shermans. Because we conclude that APT did not comply with the statutory notice requirement, we reverse the denial of the Shermans' motion.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 On May 5, 2000,...

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