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Neutral Court Opinion Apr 15, 2026

ROFF v. GRANT/J AND J

── ROFF v. GRANT/J AND J ── Court: Court of Appeals of Arizona Date: April 13, 2026 Category: General NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE SUSAN I. ROFF, Plaintiff/Appellant, v. MANDY ANN GRANT; RONALD W. JACKSON AND ANGELA YVONNE SMITH; YUMA COUNTY TREASURER, Defendants/Appellees, and J AND J PROPERTY HOLDINGS, L.C., an Arizona limited liability company; NOMAR DEVELOPMENTS, INC., Intervenors/Appellees No. 1 CA-CV 25-0220 FILED 04-13-2026 Appeal from the Superior Court in Yuma County No. S1400CV202000252, S1400CV202000569 The Honorable Eliza Johnson, Judge Pro Tempore AFFIRMED COUNSEL Susan I. Roff, Yuma Plaintiff/Appellant Office of the Yuma County Attorney, Yuma By William J. Kerekes Counsel for Defendant/Appellee Yuma County Treasurer Barry Becker, P.C., Phoenix By Barry C. Becker Counsel for Intervenors/Appellees MEMORANDUM DECISION Judge Andrew J. Becke delivered the decision of the Court, in which Presiding Judge Samuel A. Thumma and Judge Kent E. Cattani joined. B E C K E, Judge: ¶1 Susan Roff appeals an order denying her request for attorneys’ fees and costs and denying her motion for a new trial, arising from an action to quiet title and foreclose the right of redemption of a tax lien. For the reasons that follow, we affirm. FACTUAL AND PROCEDURAL HISTORY ¶2 In 2019, Roff purchased a tax lien on a property in Yuma County (“the Property”). Mandy Grant (“Grant”) owned the Property at that time. In April 2020, Roff filed a complaint to foreclose the right of redemption of the tax lien and to quiet title. Roff named Grant and the Yuma County Treasurer as defendants. See A.R.S. § 42-18201(A) (county treasurer must be named as a party in a foreclosure of the right of redemption action). ¶3 A few days later, Roff recorded a lis pendens against the Property, giving notice of the lawsuit. Grant did not file an answer, so Roff moved for an entry of default. A default hearing was held on July 23, 2020. During the hearing, Roff stated that “[t]he quiet title is based on the treasurer’s issuing the deed.” No other basis for her quiet title action was stated in court or pled in her complaint. The court issued various orders, including that the rights of defendants to redeem were barred, title was quieted in favor of Roff, and directing the treasurer to deliver a treasurer’s deed to Roff. In the minute entry following the hearing, the court stated that it “takes this matter under advisement and shall issue a written order.” The court’s subsequent judgment quieted title in favor of Roff and foreclosed 2 ROFF v. GRANT, et al./J AND J, et al. Decision of the Court Grant’s right to redeem. The court signed the default judgment on July 29, 2020. However, it was not entered until July 31, 2020. ¶4 On July 29, the day the court signed the default judgment, Grant conveyed the Property via warranty deed to J and J Property Holdings, LLC (“J&J”) and Nomar Developments, Inc. (“Nomar”). A representative of Nomar then redeemed the tax lien on the Property and recorded the warranty deed later on July 29. ¶5 On July 30, Roff filed a motion to “correct clerical omissions and mistakes” in the court’s July 23, 2020 minute entry nunc pro tunc1 to make the order effective on an earlier date. She filed an amended motion a few days later seeking similar relief. Both motions requested that the court sign the minu
CourtListener · Apr 13, 2026
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