20 results for 'cat:"Real Estate" 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
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. 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. 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
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J. Hightower finds the lower court properly denied a property owner’s motion to dismiss. The property owner argues he was named a third party in a lawsuit because he filed a warranty deed for the property, but the party bringing the suit argues he was named because of his interest in the property, not because of the filing of the warranty deed; the instant court agrees. The property owner’s argument that the claims against him are a violation of his rights under the Texas Citizens Participation Act (TCPA) are without merit as the TCPA does not apply in this circumstance. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Hightower, Filed On: October 31, 2023, Case #: 01-21-00539-CV, Categories: real Estate, foreclosure, Contract
J. Molloy finds that a property owner defaulted on his mortgage by failing to pay principal and interest when it was due. The lien holder elected to seek the entire principal sum, accrued interest and late fees totaling $712,342. The instant court finds in favor of the lien holder and orders the real estate to be sold, with proceeds going toward satisfaction of the lien.
Court: USDC Virgin Islands, Judge: Molloy, Filed On: August 29, 2023, Case #: 3:21cv2, NOS: Foreclosure - Real Property, Categories: real Estate, foreclosure
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. Stanfill finds that the lower court improperly dismissed the bank's complaint for foreclosure following a bench trial. The debtor or debtor's estate was not a necessary party to the action. When the foreclosure does not involve a claim for a deficiency judgment, "any mortgagor or successor in interest is a necessary party but a deceased debtor is not." Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: July 18, 2023, Case #: 2023ME38, Categories: Civil Procedure, 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