193 results for 'cat:"Foreclosure"'.
J. Seabright dismisses wrongful foreclosure and real estate fraud claims brought by several individuals against the state, court employees, including two judges, law firms, financial institutions and loan servicers. The complaint does not detail how each played a role in the foreclosure process. The state and court officials are immune to the claims.
Court: USDC Hawaii, Judge: Seabright, Filed On: June 21, 2023, Case #: 1:22cv432, NOS: Other Civil Rights - Civil Rights, Categories: Fraud, foreclosure
J. Clark finds that the lower court properly denied a lender's request to renew a residential foreclosure action. The lender failed to revoke mortgage acceleration in a prior foreclosure attempt, and thus its subsequent action was dismissed as time-barred. Meanwhile, the motion to renew was not timely filed after changes had been made to the relevant law. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: June 15, 2023, Case #: 535168, Categories: Civil Procedure, foreclosure
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J. Palafox denies motions for rehearings from both parties following a dispute between a resident and a condominium association over allegedly unpaid fees that resulted in a foreclosure judgment against the resident. However, the lower court did err in granting no-evidence summary judgment against the resident after he argued he had stopped paying fees because the condominium breached its duty to him by not performing repairs. While this alleged lack of repairs did not excuse defendant from paying fees, it did nonetheless provide him with his own valid cause of action. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: June 13, 2023, Case #: 08-21-00057-CV, Categories: Housing, foreclosure, Contract
J. Montalvo grants a motion to appoint an attorney ad litem in a foreclosure case. A company seeking the foreclosure has not been able to contact any heirs of a now deceased obligor on the loan, and while the company invokes a procedural rule from Texas courts, there is no reason why federal courts should not also honor this request and the costs associated with appointing such an attorney “will generally be minimal.”
Court: USDC Western District of Texas , Judge: Montalvo, Filed On: June 6, 2023, Case #: 3:22cv226, NOS: Foreclosure - Real Property, Categories: Civil Procedure, Guardianship, foreclosure
J. Kearney grants a bank’s motion to dismiss a pro se litigant’s allegations that it and its lawyers, as well as state actors, used a fictitious writ of possession to steal his property and force him to leave his home. The litigant failed to state a claim.
Court: USDC Eastern District of Pennsylvania, Judge: Kearney, Filed On: May 31, 2023, Case #: 2:23cv1604, NOS: Civil Rights - Habeas Corpus, Categories: Property, Banking / Lending, foreclosure
J. Gladwin finds the circuit court improperly ruled that a mortgage foreclosure was barred by the five-year statute of limitations. A cited case does not conflict with laws surround foreclosure limitations. It addresses only the point at which a foreclosure claim accrues — at the maturity of the debt — and not when the statute of limitations, once the cause of action has accrued, stops running. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: May 31, 2023, Case #: CV-20-508, Categories: Banking / Lending, foreclosure
J. Rowe, on certiorari, finds the Oklahoma court of civil appeals improperly affirmed the trial court’s granting of summary judgment to the mortgagor in this foreclosure action. The borrower, an attorney, filed an answer in an earlier foreclosure noting that his right of first refusal had expired, claiming that he had been improperly named as defendant and demanding the claims be dismissed with prejudice, with which the bank complied. For claim preclusion to be invoked, there must be a final judgment on the merits in a prior action. The bank’s dismissal of its claim based on the borrower’s right of first refusal does not amount to a final judgment on the merits. The court of civil appeals opinion is vacated. The trial court’s judgment is reversed.
Court: Oklahoma Supreme Court, Judge: Rowe, Filed On: May 31, 2023, Case #: 119609, Categories: Due Process, Banking / Lending, foreclosure
J. Davenport finds that the lower court improperly granted the homeowner's motion to vacate the court's prior order directing the county clerk to issue a tax deed to the petitioner. The petitioner properly published notice of the 2016 tax sale in the Herald News, even though it is not published in Crete, Illinois where the homeowner resides. The record established that no newspaper was published in Crete, so the petitioner could properly publish in a county newspaper. Reversed.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: May 25, 2023, Case #: 220226, Categories: Civil Procedure, foreclosure