LENDING BREACH claims relating to re-fi foreclosure properly rejected on summary judgment… Allison affirmed. [Read more…]
Foreclosure, lake house treated as abandoned
FORECLOSURE: Verdict affirmed that loan servicer on million-dollar lake house that it treated as abandoned breached deed of trust but owner suffered no damages… Ulbricht affirmed (IOR I-3(c)). [Read more…]
Foreclosure, remand from law of case Opinion
FORECLOSURE: Rule 60 motion for relief from judgment properly denied, summary judgment for Lenders properly granted, on remand from law of case Opinion… Wilson affirmed (IOR I-3(c)). [Read more…]
Foreclosure, alleged Fannie Mae bid rigging challenge
FORECLOSURE: Challenge by lessee to Fannie Mae’s interest in property via alleged bid rigging properly dismissed as moot after it sold the property to a 3rd-party and lessee effectively obtained relief requested by not vacating, voluntary cessation exception to mootness doctrine inapplicable… leave to amend counterclaim to add quiet title for a complete ownership interest and several defendants including the 3rd-party purchaser properly denied… Newman affirmed (IOR I-3(c)). [Read more…]
Foreclosure, no legal duty by bank to homeowner
FORECLOSURE: Bank owed no cognizable legal duty to homeowner… MCPA claims time-barred or not unfair/deceptive… Lovell affirmed (memorandum). [Read more…]
Default judgment, bank/Trustee, underground tank leak
DEFAULT JUDGMENT against Trustee/Seller bank as to underground tank leak contamination liability and fees/costs to ranch Buyers under buy-sell set aside. . . motion to hold bank in contempt for failing to comply with default judgment denied. . . bank’s motion to file answer out of time granted. . . Best. [Read more…]
Foreclosure negligence, CPA, pass-through certificate
FORECLOSURE: Negligence/CPA claims properly dismissed, pass-through certificate assignment declaratory judgment request properly disposed of by judgment on pleadings. . . Molloy affirmed (memorandum). [Read more…]
Foreclosure, deed of trust statute of limitations
FORECLOSURE: Enforcement of deed of trust not time-barred, but breach of contract/covenant, FDCPA, CPA claims improperly dismissed pursuant to Rule 12(b)(6). . . NIED/IIED claims properly dismissed. . . Wilson affirmed, reversed. [Read more…]
Lending breach, 12(b)(6) v. summary judgment
LENDING BREACH claims properly dismissed under 12(b)(6)… supplemental affidavit did not require conversion to summary judgment… Ortley affirmed. [Read more…]
Foreclosure, 2005 interspousal deed
FORECLOSURE: Widow’s pro se challenge of foreclosure based on alleged irregularities underlying 2005 note in husband’s name rejected as time-barred despite 2013 DOJ letter alerting borrowers to interspousal transfer deed practice… Haynes affirmed. [Read more…]