36 results for 'cat:"Civil Procedure" AND cat:"Foreclosure"'.
Per curiam, the appellate division finds that the lower court properly denied the property owner's motion to enter a default judgment in a foreclosure action. The lender showed a reasonable excuse for its short delay in answering the complaint based on law office miscommunication. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02722, Categories: civil Procedure, 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
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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. 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. Egan finds that the lower court properly allowed a borrower to file a late answer to mortgage foreclosure claims because the borrower had been involved in unsuccessful pro se negotiations with the lender, which could not argue prejudice. The original 2011 foreclosure action had been dismissed in 2015 for neglect to prosecute, and no grace period applied the 2020 filing. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: February 29, 2024, Case #: 534805, Categories: civil Procedure, Banking / Lending, foreclosure
J. Aarons finds that the lower court properly declined to vacate default judgment of foreclosure for back property taxes. The property owner contends he did not receive notice since a similar action had been withdrawn, but no new petition was required to reinstate foreclosure. Meanwhile, the appeal was not mooted by the county's sale of one of the parcels to a third party. Affirmed in part.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: February 29, 2024, Case #: 535873, Categories: civil Procedure, Tax, foreclosure
J. Easterbrook finds that the lower court properly dismissed the real estate owners' attempt to move their appeal of a state court decision in the banks' favor to federal court. Illinois law forbids sequential litigation about the same claim even when the plaintiff offers new arguments in the second case. The state litigation is over, and the state court trial judge is entitled to immunity for his role in the case based on judicial immunity. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: February 21, 2024, Case #: 22-3265, Categories: civil Procedure, Jurisdiction, foreclosure
Per curiam, the appeals court finds it is compelled to affirm the trial court's order vacating a previous order from a different judge dismissing the bank's foreclosure action against the homeowner for failure to prosecute, as there are no transcripts or other records to determine whether the trial court lacked authority to enter the vacatur order. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: February 14, 2024, Case #: 23-0819, Categories: civil Procedure, foreclosure
J. Clark finds that the lower court properly dismissed residential foreclosure claims as time-barred. The borrowers tolled the action for a time with the bankruptcy filing, but the original lender's voluntary discontinuance of the action did not de-accelerate the debt prior to the expiration of the six-year statute of limitations. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: January 11, 2024, Case #: 535925, Categories: Bankruptcy, civil Procedure, foreclosure
J. Egan finds that the lower court properly dismissed the city's attempt to penalize a lender for failing to maintain a vacant residential "zombie" property awaiting foreclosure. Squatters continued to access the home, from which an "incredible stench" emanated, but the lender offered evidence of expenditures that had been made to secure the site, which met the requirements of real property law. Since a foreclosure sale occurred during pendency, the lender no longer remained obligated to maintain the property. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: January 11, 2024, Case #: 536057, Categories: civil Procedure, Property, foreclosure
J. Soto finds a lower court erred in dismissing a lawsuit brought by a homeowner against Bank of America in a dispute over a loan. The homeowners raised a number of genuine factual disputes that should have defeated the bank’s motion to dismiss in lower court, including questions of whether lenders had “provided a constitutionally required notice” before starting foreclosure proceedings.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: October 25, 2023, Case #: 08-20-00184-CV, Categories: civil Procedure, Banking / Lending, foreclosure
J. Bowes finds that the lower court properly dismissed a blight-fighting company’s conservatorship action that had been filed pursuant to the Abandoned and Blighted Property Conservatorship Act regarding defendant’s Pittsburgh property. The company could not prove at the time it filed the petition for appointment of a conservator that a mortgage foreclosure action was not pending on the property. Affirmed.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: September 29, 2023, Case #: J-S09018-23, Categories: civil Procedure, Property, 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