HSB Attorneys Trent Bond and Bradley Mitchell represented the purchaser of real property at a foreclosure sale in an action seeking to set aside that foreclosure sale and to quiet title in his name. The Plaintiff brought his claim because he believed that the sale was procedurally improper due to an alleged lack of notice and because the Plaintiff, the Lender, and a third-party had an alleged preexisting agreement whereby the third-party would purchase the defaulted Note from the Lender to avoid foreclosure. Trent and Brad ultimately moved for Summary Judgment in favor of the foreclosure purchaser. Upon hearing argument, the Court granted the Motion for Summary Judgment determining that Plaintiff not only had proper notice of the foreclosure sale but was present when the sale was being called. The Court further determined that even had there been some preexisting lender-borrower agreement to sell the Note in lieu of foreclosure, it was not binding on the foreclosure sale purchaser nor on the subsequent purchasers who now hold title to the property because they had no knowledge of such arrangement.
HSB Attorneys Obtain Summary Judgment