Trustee Lien’s Superpriority Status In Foreclosure Dispute Upheld On Appeal

Mealey's (November 21, 2022, 1:29 PM EST) -- SAN JOSE, Calif. — A Ninth Circuit U.S. Court of Appeals panel on Nov. 18 affirmed a federal district court’s grant of summary judgment in favor of a trustee on a homebuyer’s counterclaim for summary judgment in a foreclosure dispute, agreeing that while the trustee’s claims were time-barred under the statute of limitations, summary judgment was warranted on the homebuyer’s counterclaim to quiet title because the property was subject to the trustee’s “preserved first-position security interest.”....