45 results for 'nos:"Foreclosure - Real Property"'.
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. Wright grants the bank's motion to strike the mortgagor's complaint seeking to invalidate two foreclosure sales of a duplex. The mortgagor, proceeding pro se, has not complied with the court's rules and orders, forcing the bank to delay discovery.
Court: USDC Minnesota, Judge: Wright, Filed On: April 15, 2024, Case #: 0:23cv271, NOS: Foreclosure - Real Property, Categories: Banking / Lending, Foreclosure
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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. Edison finds for a lender on its counterclaims for breach of contract and foreclosure. The borrower is in default of her loan, as she has failed to make a payment in seven years, and the lender has provided the required notices of default.
Court: USDC Southern District of Texas, Judge: Edison , Filed On: February 20, 2024, Case #: 3:22cv172, NOS: Foreclosure - Real Property, Categories: Property, Banking / Lending, Contract
J. Bell grants Bank of America’s motion to dismiss a slew of allegations including fraud, breach of contract and wrongful eviction brought by a borrower after she defaulted on a mortgage. The borrower argues that the magistrate’s recommendation to grant Bank of America’s motion to dismiss should be nixed because the magistrate judge, as well as the entire judicial system, has no legitimacy and, therefore, cannot enforce any laws. However, the mortgagor's argument, which is one forwarded by others around the country calling themselves “sovereign citizens,” has no grounding in the practice of law.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: January 29, 2024, Case #: 3:23cv492, NOS: Foreclosure - Real Property, Categories: Fraud, Banking / Lending, 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. Edison recommends granting summary judgment to a bank in a foreclosure case. The bank holds a valid claim on the property at issue as the legal holder of the note, and, contrary to the property owner's argument, the statute of limitations has not run on the bank's right to foreclose on the property.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: January 2, 2024, Case #: 3:20cv354, NOS: Foreclosure - Real Property, Categories: Property, Banking / Lending
J. Horan denies a trustee's motion for summary judgment in its foreclosure case against the homeowners due, in part, to inconsistencies in the payment transaction history.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: December 29, 2023, Case #: 3:23cv237, NOS: Foreclosure - Real Property, Categories: Property, Banking / Lending, Contract
J. Bell denies a homebuyer’s motion for summary judgment against a real estate law firm and Bank of America after they foreclosed on her property. Initially, the homebuyer sued the firm and bank, alleging fraud, deceptive trading practices and breach of contract among others, then filed the current motion. However, the initial litigation has not yet resolved, and, therefore, the motion for summary judgment is premature.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 7, 2023, Case #: 3:23cv492, NOS: Foreclosure - Real Property, Categories: Fraud, Banking / Lending, Foreclosure
J. Nunley finds for a pair of banks on two individuals’ wrongful foreclosure claims. The individuals received sufficient notice of the foreclosure, and evidence indicates they had more than five years to resume making payments on the property but failed to do so, despite making $9,000 a month in gross income.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: September 29, 2023, Case #: 2:18cv2811, NOS: Foreclosure - Real Property, Categories: Property, Banking / Lending
J. Robart denies the loanee's motion to add a Fair Housing Act claim in her amended complaint alleging that the loan agency falsely mischaracterized an "exorbitantly priced mortgage loan" as a commercial loan. The loanee's claims that the loan agency discriminated against her when issuing her loans in January 2018 and January 2019 are barred by the FHA's two-year statute of limitations for discrimination claims.
Court: USDC Western District of Washington, Judge: Robart, Filed On: September 21, 2023, Case #: 2:22cv531, NOS: Foreclosure - Real Property, Categories: Housing, 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. 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. Menendez grants the mortgage holder's motion for sanctions against the mortgagor for filing frivolous litigation and vexatiously removing actions to federal court without adequate justification and well after receiving service in state court actions. The mortgagor is ordered to pay the mortgage holder's costs and expenses incurred by his filing of a notice of removal in this action, and is placed on the list of restricted filers in the District of Minnesota.
Court: USDC Minnesota, Judge: Menendez, Filed On: July 19, 2023, Case #: 0:22cv3117, NOS: Foreclosure - Real Property, Categories: Sanctions, Foreclosure
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