The Ryan Firm substituted into litigation between a savvy borrower and his lender’s successor (“Successor”) after the court issued an order stopping the foreclosure sale in 2017.  The borrower was represented by a relentless and seasoned attorney who seemingly would stop at nothing to win.  In addition to the usual procedural foreclosure challenges, Plaintiff claimed that the Successor was not the true owner of the note and deed of trust and thus not entitled to foreclose. Upon entry into the case, The Ryan Firm immediately initiated aggressive discovery, and prepared the case for a bifurcated trial.  Litigation Manager Andrew Mase eliminated two claims through phase one of the trial and then was able to move for judgment on the pleadings as to the remaining claims.  The motion was granted, with the court allowing Plaintiff to file another amended complaint, to which The Ryan Firm successfully demurred. 

After losing the initial case, Plaintiff sued in the United States District Court for the Central District Court (“District Court”).  Judge Andrew Guilford granted The Ryan Firm’s motion to dismiss this action. 

Not yet giving up, on the evening before the foreclosure sale, the borrower’s son filed a Chapter 11 Bankruptcy Petition, claiming that an unrecorded grant deed from the Borrower prevented the foreclosure sale from moving forward.  The foreclosure sale occurred, with the Ryan Firm moving for relief from stay, nunc pro tunc thereafter and prevailing on that motion.  The borrower’s son appealed this loss to the District Court– but The Ryan Firm (with Mike Stoltzman leading the briefing charge) was able to show that this matter was mooted by eviction of borrower and his son from the property and the District Court dismissed the appeal.

The borrower’s son then sued the Successor in a bankruptcy adversary proceeding for many of the same claims adjudicated by the original trial court and for violation of the automatic stay.  The Ryan Firm challenged the complaint on res judicata grounds and prevailed.  Mike Stoltzman was key to this victory with clear, persuasive and comprehensive briefing to the bankruptcy court.  The borrower’s son appealed the ruling to the District Court.  Mike Stoltzman crafted a comprehensive brief providing the District Court with a clear roadmap of this litigation’s tortured history.  After extensive briefing, the District Court affirmed the trial court’s ruling in emphatic fashion on February 13, 2024