8 results for 'cat:"Due Process" AND cat:"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. Hiraoka finds the lower court improperly denied reconsideration on the default of a lease as requested by a Department of Hawaiian Home Lands lessee because the order cancelling his lease was served by regular mail rather than first class mail. The court did not hold an evidentiary hearing to confirm when the lessee had actually received the document. The appeal was therefore timely, as it had been filed within the timeframe counting from when the lessee actually received the order, months after it was initially filed. Vacated.
Court: Hawai'i Court Of Appeals, Judge: Hiraoka, Filed On: December 20, 2023, Case #: CAAP-20-434, Categories: Property, due Process, foreclosure
J. Boulware grants the income fund’s motion to dismiss this suit brought by the property owner whose mortgage ownership was reassigned multiple times without notice to her, and then recorded as defaulted on and sold. The income fund was not the original note or deed of trust holder and took no action to enforce the deed. The foreclosure was properly brought by the substitute trustee. The property owner has not pointed to any law that requires the district court to consider anything beyond the date and order of recording to determine when the documents became enforceable.
Court: USDC Nevada, Judge: Boulware, Filed On: September 30, 2023, Case #: 2:22cv199, NOS: All Other Real Property - Real Property, Categories: Property, due Process, foreclosure
J. Brown tosses a self-represented litigant’s complaint brought against New York State and three state court judges stemming from a state mortgage foreclosure action and related eviction proceedings. The litigant alleges the defendants conspired to deprive him of his property without due process. The court had argued the defendants were all protected by judicial immunity, and his response to the court’s order to show cause largely fails to counter those arguments.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: August 31, 2023, Case #: 2:23cv3421, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, due Process, foreclosure
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J. Conner finds the trial court improperly entered judgment of foreclosure in favor of the borrowers. The court resolved the case after denying foreclosure, which established a balance due on the mortgage, ordering the borrowers to begin making payments on a constructed balance. Although the court properly exercised its equitable powers in denying the bank’s count for foreclosure, it exceeded these powers in rewriting the parties’ agreements, excluding certain amounts to which the bank may be entitled under the loan modification agreement. Affirmed in part. Reversed in part and remanded with instructions.
Court: Florida Courts Of Appeal, Judge: Conner, Filed On: August 30, 2023, Case #: 4D22-1658, Categories: due Process, Banking / Lending, 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. 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