FORECLOSURE: $190,673.89 deficiency plus $36,088.50 fees/costs affirmed following remand from finding by Lympus of 0 deficiency, urging of $740,673.89 by Credit Union… Allison affirmed (IOR I-3(c)). [Read more…]
Foreclosure, $190,674 deficiency, $36,089 fees/costs
FORECLOSURE: $190,673.89 deficiency plus $36,088.50 fees/costs affirmed following remand from finding by Lympus of 0 deficiency, urging of $740,673.89 by Credit Union… Allison affirmed (IOR I-3(c)). [Read more…]
Homestead exemption, fraudulent transfer
HOMESTEAD EXEMPTION: Claimant does not have to own the property when exemption is filed as long as it could have been claimed… Claimant’s title derived from fraudulent transfer and thus he never owned the property and could not claim exemption… equitable interest for labor/improvements may be possible but Claimant failed to show principles relied on… Wheelis affirmed. [Read more…]
Easement, express by implication survey reference
EASEMENT: 60-foot express easements by implication created by reference to surveys of record, not limited to 10-foot roadbed pursuant to implied or prescriptive easements, extinguishment, or abandonment… Allison. [Read more…]
Subdivision, private road gates, City ordinance
SUBDIVISION: HOA not allowed to intervene in gate controversy between City and other HOA… summary judgment properly granted to HOA as to vested right to gate private road v. Resolution prohibiting gates, justiciable controversy… Allison affirmed (IOR I-3(c)). [Read more…]
Foreclosure, deficiency, valuation hearing
FORECLOSURE: Hearing not required as matter of law to value property to determine deficiency, but properly held as matter of equity… standard for determining market value elucidated… evidentiary errors as to appraisals require remand of finding of 0 deficiency over requested $745,366… Lympus affirmed, reversed. [Read more…]
Fraudulent transfers, debt collection
FRAUDULENT TRANSFER claims properly resolved against debt collection Defendants… Wheelis affirmed (IOR I-3(d)). [Read more…]
Jurisdiction, Florida wire fraud Defendants
JURISDICTION: Personal jurisdiction over Florida wire fraud Defendants not established by Montana Plaintiff’s single act of authorizing Montana bank to wire funds to Defendant in Florida… Wheelis affirmed. [Read more…]
Easement foreclosure, 2nd trustee’s sale
EASEMENT FORECLOSURE: 1st trustee’s sale void for inadequate notice to lake access easement holder (1st impression), easement properly extinguished by 2nd sale, “one-action” [Read more…]
$41,000 verdict, $2.5 million consent, home defects
VERDICT: $41,000, construction defects alleged by subsequent purchasers of $11.5 million vacation home, $2.5 million consent judgment by previous owners. [Read more…]