45 results for 'nos:"Foreclosure - Real Property"'.
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. 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
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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
J. Calabretta denies, in part, a company’s motion for summary judgment on a homeowner’s wrongful foreclosure and emotional distress claims. There are questions of fact regarding one of the homeowner's claims under the California Homeowner Bill of Rights, along with his wrongful foreclosure and emotional distress claims.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: June 20, 2023, Case #: 2:15cv2204, NOS: Foreclosure - Real Property, Categories: Property, Emotional Distress, Banking / Lending
J. Alvarez finds for a group of lenders on a homeowner's fraud, contract and related claims in a foreclosure case. Although the homeowner recites the elements of each claim, he fails to plead any facts to support the claims.
Court: USDC Southern District of Texas, Judge: Alvarez, Filed On: June 12, 2023, Case #: 7:22cv422, NOS: Foreclosure - Real Property, Categories: Fraud, Negligence, 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