Case Number: 2020-012310


In Appeals

The following case is an appeal from July 7, 2020, District Court Case. The case is for is a quiet title action / wrongful foreclosure action granting reconsideration of an earlier order regarding the appellant’s motion for a preliminary injunction. As background, the client’s residence was foreclosed upon in November 2019, apparently by the respondents. At the foreclosure sale, the property was purchased. After serving a 3-day notice to quit, the unlawful detainer proceedings commenced in the Justice Court, and a temporary writ of restitution was issued. Meanwhile, the client filed a quiet title/wrongful foreclosure. The district court’s complaint alleging several irregularities in the foreclosure process and immediately sought relief that would allow her to stay in residence pending a final decision, including a preliminary injunction. On April 14, the order acknowledged the governmental eviction moratoriums and directives. According to them, no lockout, notice to vacate, notice to pay or quit, eviction, foreclosure action, or other proceedings could issue. The client was evicted under the temporary writ of restitution; however, the adverse party moved for reconsideration on April 21st. The District Court resolved that motion by granting reconsideration in part on July 7 and determining that the Governmental Moratorium and directives did not apply to the applicant, entitled the adverse to the property’s sole legal and physical possession. The client appealed to the Court’s decision on July 16th.

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