55 results for 'cat:"Property" AND cat:"Foreclosure"'.
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
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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. 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. King dismisses the homeowners' complaint alleging that the bank is not allowed to sell their home because the homeowners never signed the loan securing note and thus the later foreclosure sale on their property was “bogus.” The homeowners already raised this claim in prior litigation, which was rejected, and they claim that their debt was forgiven in 2006 despite there being no evidence of that.
Court: USDC Western District of Washington, Judge: King, Filed On: February 28, 2024, Case #: 2:23cv1801, NOS: All Other Real Property - Real Property, Categories: property, Banking / Lending, foreclosure
J. Chambers grants in part the residential mortgage servicer's motion to dismiss the homeowner's complaint claiming it improperly foreclosed on the home she inherited from her parents three years earlier without confirming her status as successor-in-interest, then three months later transferred the mortgage to another servicer without still confirming her status as successor-in- interest or responding to her application to assume and modify the loan. Since she fails to allege she is a "borrower" or a "confirmed successor in interest" or meets the definition of a "consumer", her claims under the Real Estate Settlement Procedures and the West Virginia Consumer Credit and Protection acts are dismissed. However, the homeowner has demonstrated the company caused her harm when it intentionally interfered with the deed of trust securing the home to confirm her as successor in interest and assume the parents' home loan, and restricted her ability to qualify for loan mitigation options.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: February 21, 2024, Case #: 3:23cv525, NOS: Foreclosure - Real Property, Categories: property, Business Practices, foreclosure
J. Silva grants Pennymac's motion to dismiss this suit attempting to prevent foreclosure on the borrower's property loan. The borrower's complaint, alleging debt collection and consumer credit violations, does not enumerate the causes of action. The debt collection claim regarding this non-judicial foreclosure by a loan servicer does not constitute debt collection.
Court: USDC Nevada, Judge: Silva , Filed On: February 1, 2024, Case #: 2:23cv1020, NOS: All Other Real Property - Real Property, Categories: property, Banking / Lending, foreclosure
J. Du finds in favor of the bank in one of hundreds of cases to quiet title following a foreclosure sale conducted by a homeowners’ association. The property purchaser, an investment company, filed for declaratory judgment after the bank and title trustee indicated an intention to foreclose on a deed of trust encumbering the property. Because the association's agent had a "policy of rejecting... payment for less than the full lien amount," and the bank had knowledge of this, the excused tender doctrine applies. The investment company's arguments involving limitations and laches is unpersuasive.
Court: USDC Nevada, Judge: Du , Filed On: January 23, 2024, Case #: 3:20cv604, NOS: All Other Real Property - Real Property, Categories: property, Banking / Lending, foreclosure
J. Navarro grants Fannie Mae's motion to dismiss and expunge the pending suit. The investment company alleges Fannie Mae illegally made a credit bid over the allowable amount at the property foreclosure auction. The court dismissed the investment company's wrongful foreclosure and quiet title claims and, therefore, is not likely to succeed on the merits. The remaining claim involving alleged deed of trust violations is a claim for money damages and does not affect the title or possession of real property.
Court: USDC Nevada, Judge: Navarro , Filed On: January 22, 2024, Case #: 2:22cv1942, NOS: All Other Real Property - Real Property, Categories: property, Securities, 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. 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. 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. Donnelly declines to reconsider the court’s decision granting summary judgment to a mortgage lender on a property owner’s claims that seek to cancel and discharge a mortgage agreement. Since the ruling was issued the governing law was changed when New York passed the Foreclosure Abuse Prevention Act, which takes away the ability for lenders to restart the six-year statute of limitations for bringing foreclosure actions simply by decelerating the mortgage debt. However, the court finds the state court is better suited to address the controversy.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: November 30, 2023, Case #: 1:18cv4203, NOS: All Other Real Property - Real Property, Categories: property, Venue, foreclosure
Per curiam, the court of appeals denies in part the parties’ motion for dismissal of this appeal of a self-represented defendant on behalf of himself and a business of final judgment. The parties contend the self-represented defendant lacks a standing to appeal because he is not aggrieved by the confirmation order. However, when a judgment enters final judgment against “all defendants,” it is the court’s policy to give all litigants the right to be heard. The business is dismissed from the appeal unless it obtains counsel with in 45 days and files a valid notice of appearance.
Court: Hawai'i Court Of Appeals, Judge: Per curiam, Filed On: November 1, 2023, Case #: CAAP-23-468, Categories: property, Settlements, foreclosure
J. Aarons finds that the lower court should have dismissed quiet title claims in which borrowers sought to cancel a mortgage that the lender had twice sought to foreclose because the mortgage was not accelerated by either foreclosure or lack of bank standing, which indicates the statute of limitations had not been triggered and thus could not have expired. Reversed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: October 26, 2023, Case #: 534302, Categories: property, Banking / Lending, foreclosure