193 results for 'cat:"Foreclosure"'.
J. Powers finds the trial court properly approved a foreclosure. The law “does not bar subsequent foreclosures on a property pursuant to a trust deed that is not extinguished by the prior foreclosure.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: August 9, 2023, Case #: A175707, Categories: foreclosure
J. Logue finds that the trial court properly denied the trustee's motion for joinder allowing her to add another capacity under which she was suing two homeowners in a foreclosure action based on a promissory note they assigned to the decedent whose revocable trust she represents. The trial court did not err by barring the trustee from joining her lawsuit in both her individual capacity and in her capacity as executor of the decedent's estate, as under the relevant precedent she is not allowed to join herself to her lawsuit in multiple new capacities years after she initially sued. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: August 9, 2023, Case #: 22-0902, Categories: Civil Procedure, foreclosure, Contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Shah denies a mortgage firm’s motion to stay this foreclosure case pending a parallel case in state court, but grants its motion to dismiss a homeowner’s fraud claim against it. The court finds that the homeowner’s fraud case is time-barred, as she was aware of the mortgage firm’s allegedly fraudulent tactics to foreclose on her property more than three years prior to filing suit.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: July 31, 2023, Case #: 1:22cv6139, NOS: Insurance - Contract, Categories: Fraud, Insurance, foreclosure
J. Aarons finds that the lower court properly declined a borrower's request to set aside a foreclosure sale for being at too low a price. Although the $100 paid by the bank holding the mortgage might seem low, it was owed more than $300,000 and sought no deficiency judgment, making its bid the equivalent of the mortgage balance plus sale expenses. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: July 27, 2023, Case #: 535614, Categories: foreclosure
J. Lynch finds that the lower court properly denied a lender's request to vacate a prior order dismissing a foreclosure action as abandoned and to restore it to the court's calendar. No abuse of discretion occurred, as the lender had been directed to move the case along by filing a foreclosure request by a particular date and did not do so. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: July 27, 2023, Case #: 535336, Categories: foreclosure
J. DiPentima finds that the lower court properly issued judgments of foreclosure by sale in favor of Pacific Funding Trust 1003 and PS Funding in three cases. In none of the cases did “the special defenses clearly allege a challenge to the amount of debt, nor did the defendant object at the hearings to the court’s determinations of the amounts of the debts due.” Affirmed.
Court: Connecticut Court Of Appeals, Judge: DiPentima, Filed On: July 21, 2023, Case #: AC 45425, Categories: foreclosure
J. Moll finds that the lower court properly issued a judgment of strict foreclosure in favor of the loan servicing company in this residential mortgage foreclosure case. The defendant lacks standing to raise her second special defense. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: July 21, 2023, Case #: AC 45926, Categories: foreclosure
Per curiam, the appellate division finds that the district court properly held that holding a "judicial sale" of foreclosed property would no longer be viable because title vested once the bond company sought to transfer legal title. Thus, the interests of the U.S. have not been foreclosed. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: July 20, 2023, Case #: 22-1894, Categories: Property, Banking / Lending, foreclosure
J. Menendez grants the mortgage holder's motion for sanctions against the mortgagor for filing frivolous litigation and vexatiously removing actions to federal court without adequate justification and well after receiving service in state court actions. The mortgagor is ordered to pay the mortgage holder's costs and expenses incurred by his filing of a notice of removal in this action, and is placed on the list of restricted filers in the District of Minnesota.
Court: USDC Minnesota, Judge: Menendez, Filed On: July 19, 2023, Case #: 0:22cv3117, NOS: Foreclosure - Real Property, Categories: Sanctions, foreclosure
J. Nelson enjoins the bank and the loan services corporation from directly or indirectly taking actions to advance a non-judicial sale of the property owner's property. The property owner will suffer irreparable harm without a preliminary injunction because although she would not lose a monetary interest in the property through foreclosure, "she would lose the opportunity to litigate the merits of her claim because a foreclosure sale would render this action moot."
Court: USDC Oregon, Judge: Nelson, Filed On: July 19, 2023, Case #: 3:23cv877, NOS: Foreclosure - Real Property, Categories: Property, foreclosure, Injunction
J. Burroughs grants a real estate company’s motion for a summary judgment, including a motion for a declaratory judgment stating its right to a property, a motion for it to possess the property at issue and payment for past use and occupancy. The real estate company bought the property at a foreclosure sale, but a corporation continues to possess the property. However, the corporation does not oppose the real estate company’s motion.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: July 18, 2023, Case #: 1:21cv10781, NOS: Foreclosure - Real Property, Categories: Property, Real Estate, foreclosure
J. Stanfill finds that the lower court improperly dismissed the bank's complaint for foreclosure following a bench trial. The debtor or debtor's estate was not a necessary party to the action. When the foreclosure does not involve a claim for a deficiency judgment, "any mortgagor or successor in interest is a necessary party but a deceased debtor is not." Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: July 18, 2023, Case #: 2023ME38, Categories: Civil Procedure, Real Estate, foreclosure
J. Gorton denies a mortgagee’s motion to dismiss a homeowner’s allegations of wrongful foreclosure and attempt to prevent foreclosure. The mortgagee’s motion is based on there being actions currently pending, to avoid inconsistencies, but because the pending actions are with the same court, potential inconsistencies between two courts is not a risk.
Court: USDC Massachusetts, Judge: Gorton, Filed On: July 6, 2023, Case #: 1:22cv10547, NOS: Foreclosure - Real Property, Categories: Real Estate, Due Process, foreclosure
J. Varlan grants summary judgment to the U.S. government in this case concerning certain federal tax liens and "the proceeds from the sale of real property." The tax liens against the decedent "remain in force" and encumber the property at issue, despite its transfer to a construction company. Further, the argument that the lien was "conclusively extinguished" is unavailing, and the defendant construction company "did not obtain priority over plaintiff's interest in the Real Property."
Court: USDC Eastern District of Tennessee , Judge: Varlan, Filed On: June 29, 2023, Case #: 4:21cv51, NOS: Foreclosure - Real Property, Categories: Property, Tax, foreclosure
J. DeSoto finds in favor of two financial corporations after an individual sued them to prevent them from foreclosing on his property. It is undisputed that the individual has been in default on his mortgage loan for more than a decade, and so all of the foreclosure proceedings have been just and are in line with state law.
Court: USDC Montana, Judge: DeSoto, Filed On: June 22, 2023, Case #: 1:22cv67, NOS: Foreclosure - Real Property, Categories: foreclosure