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Law student to argue homeowners' case before Arizona Supreme Court

January 23, 2012

A third-year law student at the College of Law will argue a case before the Arizona Supreme Court, Jan. 24. Frank “Kyle” Robertson will appear before the court representing an amici group comprising the Homeowner Advocacy Unit (HAU) at the College of Law, Southern Arizona Legal Aid and Jean Braucher, the Roger C. Henderson Professor of Law at the University of Arizona.

The question before the court is whether homeowners can challenge the foreclosing party’s authority to sell their house. Robertson will address issues related to the practical problems that result when homeowners are denied their right to challenge illegal foreclosures in court.

The case, Hogan v. Washington Mutual Bank, et. al. is scheduled to be heard at 9:30 a.m. at the court building, 1501 W. Washington St., in downtown Phoenix.

Robertson is a student in the HAU, which is housed in the law school’s Civil Justice Clinic, and over the last six months, he has represented homeowners facing wrongful foreclosure. Robertson will appear under an Arizona Supreme Court Rule allowing students to serve as student attorneys while under the supervision of law school faculty.

The HAU opened its doors in August 2011, in response to the foreclosure crisis facing Arizona. Student attorneys participating in this clinic provide legal assistance to clients who have been victims of mortgage fraud or are facing wrongful foreclosure.