193 results for 'cat:"Foreclosure"'.
Per curiam, the appeals court finds it is compelled to affirm the trial court's order vacating a previous order from a different judge dismissing the bank's foreclosure action against the homeowner for failure to prosecute, as there are no transcripts or other records to determine whether the trial court lacked authority to enter the vacatur order. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: February 14, 2024, Case #: 23-0819, Categories: Civil Procedure, foreclosure
J. Warner finds the lower court erred in denying a motion to abate and ordering a final judgment of foreclosure without the deceased mortgagor’s legal representative being present at the hearing. “Failure to substitute the proper representative or guardian nullifies subsequent proceedings.” All action after the death is invalid, and this case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: February 14, 2024, Case #: 4D2022-2647, Categories: foreclosure
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J. Silva grants Pennymac's motion to dismiss this suit attempting to prevent foreclosure on the borrower's property loan. The borrower's complaint, alleging debt collection and consumer credit violations, does not enumerate the causes of action. The debt collection claim regarding this non-judicial foreclosure by a loan servicer does not constitute debt collection.
Court: USDC Nevada, Judge: Silva , Filed On: February 1, 2024, Case #: 2:23cv1020, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending, foreclosure
J. Oetken finds for the lender seeking enforcement of a loan guaranty on a $64 million loan secured by a 158-acre property in Austin, Texas. The guarantor failed to raise his defenses in his answer to the complaint, so he is barred from asserting them in his opposition to a motion for summary judgment. Further, there is no merit to his claim that the foreclosure sale of the property was "rigged."
Court: USDC Southern District of New York, Judge: Oetken, Filed On: January 29, 2024, Case #: 1:19cv8540, NOS: Other Contract - Contract, Categories: Banking / Lending, foreclosure
J. Bell grants Bank of America’s motion to dismiss a slew of allegations including fraud, breach of contract and wrongful eviction brought by a borrower after she defaulted on a mortgage. The borrower argues that the magistrate’s recommendation to grant Bank of America’s motion to dismiss should be nixed because the magistrate judge, as well as the entire judicial system, has no legitimacy and, therefore, cannot enforce any laws. However, the mortgagor's argument, which is one forwarded by others around the country calling themselves “sovereign citizens,” has no grounding in the practice of law.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: January 29, 2024, Case #: 3:23cv492, NOS: Foreclosure - Real Property, Categories: Fraud, Banking / Lending, foreclosure
J. Traver finds the trial court erred, in part, when it awarded summary judgment in favor of a former business partner in this commercial foreclosure case. The business partner argues he did not personally guarantee a restructured loan with the lender because the signatures and document fail to define “Borrower” or “Guarantors.” Wherefore, the lender argues it was signed on behalf of the borrower in the restructured loan because “Personally” is next to the signature block. The court finds there are genuine issues and remands this case back for further proceedings. Affirmed in part; Reversed in part.
Court: Florida Courts Of Appeal, Judge: Traver, Filed On: January 26, 2024, Case #: 6D23-644, Categories: Banking / Lending, foreclosure
J. Bower finds that a condominium association lacked authority to assess foreclosure fees or attorney fees after a unit was subjected to foreclosure because nothing in the bylaws or declaration allowed the association to impose fees following foreclosure. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: January 24, 2024, Case #: 23-0017, Categories: foreclosure
J. Du finds in favor of the bank in one of hundreds of cases to quiet title following a foreclosure sale conducted by a homeowners’ association. The property purchaser, an investment company, filed for declaratory judgment after the bank and title trustee indicated an intention to foreclose on a deed of trust encumbering the property. Because the association's agent had a "policy of rejecting... payment for less than the full lien amount," and the bank had knowledge of this, the excused tender doctrine applies. The investment company's arguments involving limitations and laches is unpersuasive.
Court: USDC Nevada, Judge: Du , Filed On: January 23, 2024, Case #: 3:20cv604, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending, foreclosure
J. Navarro grants Fannie Mae's motion to dismiss and expunge the pending suit. The investment company alleges Fannie Mae illegally made a credit bid over the allowable amount at the property foreclosure auction. The court dismissed the investment company's wrongful foreclosure and quiet title claims and, therefore, is not likely to succeed on the merits. The remaining claim involving alleged deed of trust violations is a claim for money damages and does not affect the title or possession of real property.
Court: USDC Nevada, Judge: Navarro , Filed On: January 22, 2024, Case #: 2:22cv1942, NOS: All Other Real Property - Real Property, Categories: Property, Securities, foreclosure
J. Contreras finds the trial court properly awarded a holding company possession of the property from the property owner’s son. The son argues three issues that the trial court did not have jurisdiction to grant the possession, the agreed judgment is void alleging the attorney’s signature was forged and there was still a temporary restraining order in effect. The question of subject matter jurisdiction cannot be waived or raised at any time during the first time on appeal. The son has not challenged the validity of the deed of trust and the temporary restraining order had expired. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: January 18, 2024, Case #: 13-22-00595-CV, Categories: Property, Jurisdiction, foreclosure
J. Kilbane finds the trial court improperly denied the trust's motion to intervene in a foreclosure case because the trust was not notified that its motion would be considered and ruled upon at a case management conference where no one appeared on its behalf. The notice sent to the trust regarding the conference said nothing about its motion being considered, and this lack of full notice and consent from both parties before hearing the trust's motion violated the trust's procedural due process rights. The case is remanded for a properly noticed hearing on the trust's motion. Reversed.
Court: Florida Courts Of Appeal, Judge: Kilbane, Filed On: January 12, 2024, Case #: 23-0152, Categories: Due Process, foreclosure
J. Cogburn grants a mortgage company’s motion to remand this foreclosure case because the homeowner did not file a notice of removal until nearly four months after she was required to do so. Additionally, because all parties reside or are based in North Carolina, diversity jurisdiction cannot be invoked, so the case must return to state court.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: January 12, 2024, Case #: 3:23cv373, NOS: Foreclosure - Real Property, Categories: Jurisdiction, Banking / Lending, foreclosure
J. Clark finds that the lower court properly dismissed residential foreclosure claims as time-barred. The borrowers tolled the action for a time with the bankruptcy filing, but the original lender's voluntary discontinuance of the action did not de-accelerate the debt prior to the expiration of the six-year statute of limitations. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: January 11, 2024, Case #: 535925, Categories: Bankruptcy, Civil Procedure, foreclosure
J. Egan finds that the lower court properly dismissed the city's attempt to penalize a lender for failing to maintain a vacant residential "zombie" property awaiting foreclosure. Squatters continued to access the home, from which an "incredible stench" emanated, but the lender offered evidence of expenditures that had been made to secure the site, which met the requirements of real property law. Since a foreclosure sale occurred during pendency, the lender no longer remained obligated to maintain the property. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: January 11, 2024, Case #: 536057, Categories: Civil Procedure, Property, foreclosure
J. Aaron finds that the lower court properly found for the owner of an apartment complex in claims contending legal malpractice resulted in sale of a property in foreclosure. The case was complicated by a bankruptcy filing represented by another law firm, and the attorney handling foreclosure failed to alert the owner of the sale when the bankruptcy stay was lifted. Furthermore, the law firm handling the bankruptcy matter lacked liability in the foreclosure action. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: January 4, 2024, Case #: CV-22-2238, Categories: Bankruptcy, foreclosure, Legal Malpractice
J. Reynolds Fitzgerald finds that the lower court improperly declined to find for lenders in foreclosure claims affecting mortgaged parcels tied to a settlement reached in another state. The lenders offered sufficient proof of the mortgage and unpaid note to demonstrate default, which the property owners conceded had occurred. Furthermore, the owners brought meritless claims in contending their ability to raise fact issues had been impacted by the lenders' failure to comply with discovery. Reversed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: January 4, 2024, Case #: 535897, Categories: Discovery, Banking / Lending, foreclosure
Per curiam, the court of appeals denies the insurer's petition for a writ of mandamus, which seeks to compel the trial court to vacate its order denying its motion to dismiss for want of prosecution a suit involving its role as escrow agent for a $2 million loan. The lender brought claims of wrongful foreclosure, fraudulent transfer and conspiracy, saying the escrow agent permitted proceeds to be disbursed in contravention of the closing instructions and failed to timely record a deed of trust securing the lender's first-lien position. The trial court found the lender adequately explained the delay in its prosecution, though there is no record of the explanation. No abuse of discretion can be determined without this record.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: December 21, 2023, Case #: 09-23-00260-CV, Categories: Banking / Lending, foreclosure, Contract