Hogan v. Washington Mutual Bank, N.A.

Hogan (plaintiff) defaulted on loans secured by deeds of trust in favor of WaMu and Deutsche Bank (defendants), and the trustee began non-judicial foreclosure proceedings; Hogan sued to enjoin the sales, arguing the banks had to first prove they owned the original notes before foreclosing, without actually disputing that they were the true owners. The superior court dismissed his claims, the court of appeals affirmed, and the Arizona Supreme Court granted review.