195 results for 'cat:"Foreclosure"'.
J. Logue finds the trial court erred in its judgment in favor of the lender in the borrowers' lawsuit over a judgment of foreclosure allowing $20 million in default interest to be retroactively calculated and added to the $41,793,694 principal balance of the underlying mortgage loan. There are disputes of fact regarding whether the borrowers' use of hurricane insurance proceeds to fix damages to their hotel caused by Hurricane Irma in 2017 violated the terms of the mortgage note or was approved by the lender, so the trial court's summary judgment order in the lender's favor is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: May 8, 2024, Case #: 23-0071, Categories: foreclosure, Contract
J. Boulware grants a bank's post-remand motion for summary judgment. After borrowing more than $340,000 to purchase a home, the borrower stopped paying federal taxes, accruing $250,000 in income tax liability, plus interest. She then fell behind on her HOA payments and the HOA held a foreclosure sale on the property. The deed of trust was assigned to the bank, and the trust sought declaratory judgment that the property is not encumbered by the deed of trust. The deed of trust was recorded four years prior to the foreclosure sale. Despite this notice, the trust failed to inquire as to whether the title would be encumbered following that foreclosure sale.
Court: USDC Nevada, Judge: Boulware , Filed On: May 6, 2024, Case #: 2:16cv2276, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Tax, Banking / Lending, foreclosure
J. Mathias finds that the trial court properly ruled in foreclosure claims because the bank was within its power to seek foreclosure of a surety agreement used to secure a farm loan. Meanwhile, one contracted party cannot be absolved of his obligations simply because the bank and other parties made modifications to the contract. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: May 1, 2024, Case #: 23A-MF-1986, Categories: Banking / Lending, foreclosure
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. Rodriguez mostly adopts a magistrate judge’s recommendations and grants a loan company’s motion for summary and default judgment after it was sued by a homeowner seeking to stop a foreclosure. That company, which countersued to quiet title, is the valid owner of the property and is “authorized to enforce the power of sale through foreclosure.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: April 24, 2024, Case #: 5:22cv1234, NOS: Foreclosure - Real Property, Categories: Property, Real Estate, foreclosure
J. Fernandez finds the lower court properly granted a bank’s motion for surplus funds. Homeowners appeal the lower court’s decision granting a bank the distribution of funds that originated as an overage from the foreclosure sale of the homeowners’ property. The lower court found the bank’s lien took priority over the homeowner’s rights and granted the bank’s request for distribution. The instant court finds no error in the lower court’s decision. Affirmed.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: April 17, 2024, Case #: 3D23-600, Categories: Real Estate, Banking / Lending, foreclosure
J. Logue finds the lower court improperly dismissed a property owner’s motion to enforce a settlement agreement. A loan company sought foreclosure on a piece of real estate owned by the property owners, upon which a settlement agreement was reached. Within the settlement agreement is language stating that the trial court will retain jurisdiction regarding enforcement of the settlement, but the loan company argues the lower court never approved the settlement, only a joint stipulation; the instant court disagrees. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: April 17, 2024, Case #: 2022-1872, Categories: Settlements, Jurisdiction, foreclosure
J. Landau finds the lower court properly rendered judgment for a buyer in this matter concerning possession of real estate. A borrower secured a loan by deed of trust, and when he stopped paying on the loan, the lender followed through with a foreclosure sale of the property. The borrower refused to vacate the property, so the buyer sued for possession, which the lower court granted. The borrower argues the lower court did not have jurisdiction over the matter because the district court had to resolve title first; the instant court disagrees and finds the lower court had jurisdiction over the matter. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 16, 2024, Case #: 01-22-00677-CV , Categories: Real Estate, Jurisdiction, foreclosure
J. Wright grants the bank's motion to strike the mortgagor's complaint seeking to invalidate two foreclosure sales of a duplex. The mortgagor, proceeding pro se, has not complied with the court's rules and orders, forcing the bank to delay discovery.
Court: USDC Minnesota, Judge: Wright, Filed On: April 15, 2024, Case #: 0:23cv271, NOS: Foreclosure - Real Property, Categories: Banking / Lending, foreclosure
J. Fisher finds that the lower court improperly upheld an order dismissing a foreclosure action because the motion seeking vacatur was not untimely since status letter notice had not been sent to the lender to encourage prosecution; meanwhile, the lender did not require a reasonable excuse for the perceived delay. Reversed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: April 11, 2024, Case #: CV-22-2138, Categories: Civil Procedure, foreclosure
J. Brennan finds that the lower court properly found for the bank in a suit filed by two debtors seeking to reclaim an interest in their foreclosed home after it was sold to another couple. The record shows the debtors knew about the foreclosure proceedings prior to filing their bankruptcy petition but did not disclose that property as an asset at that time. Therefore, they clearly knew about the property's sale, which bars their current claim that they were never properly served. Affirmed.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: April 10, 2024, Case #: 230253, Categories: foreclosure
J. Pulliam remands to state court a convoluted contractual dispute concerning the foreclosure of several properties, because a nondiverse party in the case — a substitute trustee for the foreclosing bank — was properly joined, and therefore this court lacks jurisdiction.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: April 9, 2024, Case #: 5:23cv1527, NOS: Other Contract - Contract, Categories: Jurisdiction, foreclosure, Contract
J. Alvord finds the trial court improperly denied the homeowner’s evidentiary hearing request on his homestead exemption claim in this foreclosure. The homeowner argued that his extended homestead exemption had been amended and it should be afforded the protection funds. He raised this claim before the court awarded a judgement in favor of the lender. This case is remanded for further proceedings. Reversed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: April 5, 2024, Case #: AC45340, Categories: Property, Banking / Lending, foreclosure
J. Cradle finds the trail court properly granted summary judgment in favor of the lender in this third appeal for foreclosure. The homeowner argues that the summary judgement as to liability wrongfully relied on a loan officer’s affidavit determining the lender was in fact the holder of note at the time of commencement. The loan officer’s affidavit was based on personal knowledge of the records, so it is competent evidence. He also argues as a non-moving party the court erred by not drawing an adverse inference from the lender’s refusal to supply documents and witnesses, but he fails to establish any factual claims. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: April 5, 2024, Case #: AC45996, Categories: Discovery, Banking / Lending, foreclosure
J. Lynch finds that the lower court properly issued a duplicate order appointing a substitute referee in foreclosure claims and directed that a sale be held within the year. The original order had not been entered and could not be located, and gubernatorial action during the early days of the Covid-19 pandemic precluded residential foreclosures. Meanwhile, the homeowners were not prejudiced in the interim since they retained possession during the delay. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: April 4, 2024, Case #: 535862, Categories: Civil Procedure, foreclosure, Covid-19
J. Biggs grants the couple currently living on a contested property its motion to dismiss allegations, brought by the previous owners, that the couple is essentially squatting in their home. In previous state court proceedings, the previous owners lost the right to their home because it was foreclosed upon and they were prevented from reentering. The couple legally bought the home and moved in. The previous owners fail to show compelling evidence as to why the state court’s decision should be overturned, and even if they did, the case would need to return to state court to resolve it.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 30, 2024, Case #: 1:22cv908, NOS: All Other Real Property - Real Property, Categories: Property, foreclosure
J. Eagles dismisses a man’s allegations of conspiracy, extortion and Title 18 violations levied against the federal government for all manner of infractions against its citizens. The man claims that the U.S. is still controlled by the British Crown, which is, in turn, controlled by the “Mother of All Harlots known as the Roman Catholic Church.” His allegations seemingly arise from his house being foreclosed upon. His claims are considered frivolous and dismissed for a lack of subject matter jurisdiction.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: March 29, 2024, Case #: 1:23cv871, NOS: Other Civil Rights - Civil Rights, Categories: Property, Jurisdiction, foreclosure
J. Fleming grants a motion to dismiss claims by a land developer that Fairlawn, Ohio, conspired with owners of neighboring parcels to deprive the developer of the use their parcel and then foreclosed on the parcel for tax default. The land developer claims that Google Earth photos provide evidence that the owners of neighboring parcels transferred unpermitted fill dirt from the neighboring parcel to the developer’s parcel, rendering the property unusable and making the developer vulnerable to the tax default. The photos were dated prior to previous litigation which reviewed and ruled on the same claims. The judge found no reason why the evidence could not have been presented at the prior ruling and granted the motion to dismiss.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: March 22, 2024, Case #: 5:21cv1848, NOS: All Other Real Property - Real Property, Categories: Property, foreclosure
J. Elgo finds that the trial court properly granted a motion to remove evidence from consideration in a summary process action in which the plaintiff sought possession of a foreclosed property. In a separate case the trial court ruled that the defendant had engaged in a collateral attack on the foreclosure of the property and thus the inclusion of evidence connected to that case was procedurally irrelevant to the decision before the court. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: March 22, 2024, Case #: AC45702, Categories: Civil Procedure, Property, foreclosure
J. Moorer grants, in part, a bank’s motion for summary judgment in this wrongful foreclosure dispute. The borrower alleges that her signature if forged and that the bank failed to properly notify her of the default, acceleration and foreclosure. The bank alleges the borrower failed to establish enough evidence of her claims. The court concludes the borrower does show enough authenticity of her signature being forged. Therefore, the quiet title claim is denied, and all others are granted.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: March 22, 2024, Case #: 2:22cv144, NOS: All Other Real Property - Real Property, Categories: Real Estate, Banking / Lending, foreclosure