16 results for 'cat:"Jurisdiction" AND cat:"Foreclosure"'.
J. Logue finds the trial court improperly vacated a prior judge's order enforcing a settlement agreement in the borrower and lender's foreclosure case, as the trial court's order was built upon the incorrect assumption that the prior judge did not have jurisdiction to enforce the settlement agreement. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: May 15, 2024, Case #: 23-1319, Categories: Settlements, jurisdiction, 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. 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
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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. 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
J. Contreras finds the trial court properly awarded a holding company possession of the property from the property owner’s son. The son argues three issues that the trial court did not have jurisdiction to grant the possession, the agreed judgment is void alleging the attorney’s signature was forged and there was still a temporary restraining order in effect. The question of subject matter jurisdiction cannot be waived or raised at any time during the first time on appeal. The son has not challenged the validity of the deed of trust and the temporary restraining order had expired. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: January 18, 2024, Case #: 13-22-00595-CV, Categories: Property, jurisdiction, foreclosure
J. Cogburn grants a mortgage company’s motion to remand this foreclosure case because the homeowner did not file a notice of removal until nearly four months after she was required to do so. Additionally, because all parties reside or are based in North Carolina, diversity jurisdiction cannot be invoked, so the case must return to state court.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: January 12, 2024, Case #: 3:23cv373, NOS: Foreclosure - Real Property, Categories: jurisdiction, Banking / Lending, foreclosure
J. Donnelly dismisses, for lack of subject matter jurisdiction, a self-represented litigant’s wrongful foreclosure action and remands the action to a state court in New York, finding the complaint does not present any issues of federal law.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: October 24, 2023, Case #: 2:23cv5201, NOS: Other Civil Rights - Civil Rights, Categories: jurisdiction, foreclosure
J. Kobayashi grants the bank's motion to remand a foreclosure proceeding. Although one of the homeowners who asked for removal was only added as a defendant in an amended complaint a year after the initial complaint, the amended complaint is not considered an entirely new action. The request for removal was, therefore, untimely as it was filed more than a year since the initial foreclosure.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: September 19, 2023, Case #: 1:23cv44, NOS: Foreclosure - Real Property, Categories: jurisdiction, foreclosure
J. Edwards finds that the trial court erred by awarding the bank's assignee a deficiency judgment in a 2014 lawsuit seeking to foreclose the homeowner's mortgage. The trial court did not have procedural jurisdiction to award the judgment in that lawsuit in light of judgments entered and other action in at least two related lawsuits over the years. Reversed.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: August 18, 2023, Case #: 22-3079, Categories: jurisdiction, foreclosure
J. Hecht finds the court of appeals improperly ruled against a home loan company, dismissing its foreclosure case filed against a property owner. The court of appeals ruled that the county court lacked jurisdiction. However, the county court was acting per a county-specific statute, giving it the authority to rule on the matter. Reversed.
Court: Texas Supreme Court, Judge: Hecht, Filed On: May 19, 2023, Case #: 21-1109, Categories: Property, jurisdiction, foreclosure