Court Report

After a man purchased property at a homeowners’ foreclosure sale, the beneficiary on the first deed of trust filed an action to quiet title and for declaratory relief against the man in federal court. When the court confirmed the beneficiary’s deed of trust was not extinguished, the man filed a petition in state court for foreclosure mediation assistance, and had his daughter appear on his behalf at the mediation proceedings. The mediator, and later the state court, said the electronically signed power of attorney provided was not valid because it did not have his signature and eventually dismissed his petition for foreclosure mediation assistance. The man appealed to the Court of Appeals of Nevada.

After a foreclosure and sale of a condominium unit, the former owner appealed after the circuit court, on remand from the Court of Appeals of Michigan, entered an order affirming the district court’s order denying the former owner’s motion for relief from judgment and dismissing his third amended complaint, which raised claims against the purchaser at the foreclosure sale as well as subsequent third-party purchasers.

After purchasing property in Mohave County, Ariz., the purchaser’s title company provided the lienholder with funds to release its lien. The lienholder failed to release its lien and the lien was eventually assigned to a third party. The assignee then conducted a trustee’s sale and was the accepted bidder. After discovering she no longer owned the property, the purchaser filed suit.

After initially agreeing to sell an office building, one of the brothers that owned it had reservations about selling and refused to provide the buyer with an extension to the financing contingency. The parties disputed whether, despite the seller’s rejection of the request, the agreement was still valid and in effect. The buyer sued and the parties entered an arbitration agreement, which the lower court confirmed. The seller appealed the arbitration award.

When selling their property in a homeowners association (HOA), a couple received a statement certifying they were current on their HOA dues. The HOA also notified them they owed the management company a certification fee. The couple filed suit, arguing the certification fee was an unlawful transfer fee under state law.

After the owner of property in Mississippi died, the servicer of his reverse mortgage sought to foreclose on the property. His daughter and only heir argued she had an interest in the property under a warranty deed the man signed, but his then-wife did not. The servicer filed an action in Mississippi state court, arguing the warranty deed was void because of the lack of the wife’s signature. The case eventually went before the Supreme Court of Mississippi.

A man obtained judgment liens against a couple on property the wife owned in Indianapolis, Ind. The couple refinanced their mortgage and did not make any payment on the judgments against them. The man filed suit against the couple and its lender, who argued its lien had priority over the judgment liens. All the parties entered into settlement talks and eventually an agreement, which the man refused to sign. The case eventually went before the Court of Appeals of Indiana.

A title insurer filed a dischargeability action against a man in his bankruptcy case, arguing the settlement funds it was owed in a state court action were nondischargeable. The man had been sued for fraudulent actions against the title insurer’s predecessor-in-interest.

After a disagreement with the general contractor on a condominium project in Washington, D.C., a subcontractor filed a mechanic’s lien on the property. After the property owner and general contractor filed a consent petition to replace the lien with an undertaking and bond, the subcontractor filed suit. The case eventually went before the District of Columbia Court of Appeals.

Three lien holders dispute the priority of their deeds on a 12-unit apartment building in Ontario, Calif. The second lien holder paid off the first lien holder’s lien and sought to foreclose. The holder of the third deed of trust then filed suit.