In this suit for declaratory relief, which concerns a dispute between a group of homeowners and the homeowners’ associations of two neighboring subdivisions, appellant, Wilchester West Concerned.
A plaintiff can’t file a judgment of foreclosure and sale unless a referee submits his report. It’s likely that the referee was unwilling or unable to submit the report, and that’s why the plaintiff is moving for a successor referee. It’s highly unlikely that this action would be dismissed for failure to move for judgment at this time.
· The Court of Appeals decided that although a foreclosure is generally recognized to be an equitable proceeding, and although Ohio has a statute authorizing a sale by a master commissioner in limited circumstances, those circumstances were not present in this case, and therefore, the trial court did not have authority to circumvent a judicial sale of the foreclosed property.
In Wells Fargo Bank v. Young, 2011-Ohio-122, the plaintiff filed a foreclosure and when the borrower failed to file an answer, the plaintiff filed a motion for default judgment.
· Young, the plaintiff filed a foreclosure, and when the borrower failed to file an answer, the plaintiff filed a motion for default judgment. Instead ofÂ granting the motion and ordering the usual sheriff’s sale as requested by the plaintiff, the trial judge issued a notice to all parties to appear and show cause as to why the property should not simply be conveyed to the plaintiff without a judicial sale.
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Service of the notice of foreclosure of the right of redemption bars the filing or continuance of any action to set aside, cancel, or in any way invalidate the tax deed referred to in the notice or.
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Paying that loan, he says, has dropped his net income to zero and two of his own properties have been forced into foreclosure. Cheatwood. "Not when it’s unwilling to pay." Cheatwood says he’s been.
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1 1 In this action involving a disputed real estate foreclosure, plaintiff, Charolyn KH Edwards, appeals the district court’s summary judgment entered in favor of defendant, Bank of America, N.A. We affirm.
Wells Fargo Bank, NA v Concepcion – 2013 NY Slip Op 50271 (U) [*1] Wells Fargo Bank, NA v Concepcion 2013 NY Slip Op 50271(U) Decided on February 22, 2013 supreme court, Suffolk County Whelan, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431.
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