No. 23-99

Wendy B. Adelson v. Ocwen Loan Servicing, LLC, nka PHH Mortgage Corporation, et al.

Lower Court: Sixth Circuit
Docketed: 2023-08-02
Status: Denied
Type: Paid
Tags: bankruptcy-stay civil-procedure due-process foreclosure foreclosure-sale mortgage-acceleration mortgage-lender post-acceleration-charges procedural-exception sheriff-sale time-bar
Latest Conference: 2023-10-06
Question Presented (from Petition)

If after a mortgage lender's acceleration of the entire balance of the loan terminates borrower's duty to make periodic payments, then.

I. Can the lender create a $270,583.00 post acceleration default representing future interest, late fees, and other charges? Are fraudulent sheriff sale adjournment notices in aid of the foreclosure sale violate the 11 USC §362 Stay? And if so, do the post-acceleration charges and fraudulent adjournment notices constitute irregularities in the foreclosure sale to warrant invalidating the Sheriff's Deed?

II. Can a Michigan district court create its own exception under Texas Law to the Michigan Fed. R. Civ. P. 13(a) to avoid a June 05, 2017, time-bar?

Question Presented (AI Summary)

Whether post-acceleration charges and fraudulent foreclosure sale adjournment notices constitute irregularities to invalidate the sheriff's deed

Docket Entries

2023-10-10
Petition DENIED.
2023-09-13
DISTRIBUTED for Conference of 10/6/2023.
2023-07-07
Petition for a writ of certiorari filed. (Response due September 1, 2023)

Attorneys

Wendy B. Adelson
Wendy B. Adelson — Petitioner