Friedemann v. Kirk
In Friedemann v. Kirk, 197 Ariz. 616, 5 P.3d 950 (App. 2000), the purchaser of a tax lien obtained a default judgment foreclosing the owner's right to redeem.
After the judgment had been entered but before the purchaser had been able to obtain a deed from the treasurer, the treasurer accepted a redemption payment from the owner.
The treasurer then refused to issue the deed to the purchaser. Id. at 617-18, 5 P.3d 951-52.
The appellate court held that the treasurer was obligated to issue the deed to the purchaser, stating that upon entry of the judgment, the owner has lost the right to redeem and the purchaser had become entitled to delivery of the deed under A.R.S. 42-18204(A)(2). Id. at 618, 5 P.3d 952.
Not only does Friedemann stop short of "stating that the county treasurer lacks any discretion to refuse to issue deed," it demonstrates that a treasurer may contest whether a tax lien purchaser is entitled to a deed.