Chase Home Finance, LLC v. Hobson
2012 Miss. LEXIS 106
| Miss. | 2012Background
- Hobson sued Chase for breach of contract after a foreclosure sale in Warren County, Mississippi.
- Foreclosure was scheduled March 20, 2008; Quimby allegedly reinstated her loan before the sale, though record is vague.
- Chase canceled the sale and refused to convey deed after Hobson bid $60,948.82 and tendered payment.
- County court granted Hobson summary judgment for damages and fees, finding gross negligence, without addressing reinstatement.
- Circuit court affirmed liability but ordered a trial on damages; both courts avoided ruling on whether reinstatement voided the sale.
- This Court reverses summary judgment on liability and remands to determine if Quimby reinstated prior to sale; otherwise Hobson prevails.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Quimby’s reinstatement before the sale creates a liability issue | Hobson: reinstatement, if proven, voids sale and defeats liability | Chase: no reinstatement proven; sale valid | Genuine issue exists; remand for determination of reinstatement |
| If reinstatement occurred, whether Hobson can recover damages | Hobson: damages appropriate despite reinstatement status | Chase: no damages if sale voided or no breach | Dependent on reinstatement finding; liability still unresolved |
| Appropriate appellate remand after reversing summary judgment on liability | Hobson seeks reinstatement of county court damages | Chase seeks circuit court handling or de novo reconsideration | Remand to county court for further proceedings |
Key Cases Cited
- Hill v. Thompson, 564 So.2d 1 (Miss. 1989) (foreclosure reinstatement rights before sale)
- In re Martin, 276 B.R. 552 (Bankr.N.D. Miss. 2001) (debtor may stop foreclosure by curing debt prior to final sale)
- Osborne v. Neblett, 65 So.3d 311 (Miss. Ct. App. 2011) (foreclosure sale void if not conducted with statutory authority)
- Lake Hillsdale Estates, Inc. v. Galloway, 473 So.2d 461 (Miss. 1985) (sale must meet statutory requirements)
- Scott v. City of Biloxi, 592 So.2d 1003 (Miss. 1991) (summary judgment proof must be competent and nonconclusory)
- Waggoner v. Williamson, 8 So.3d 147 (Miss. 2009) (summary judgment standard and deference to nonmovant)
- Allen v. Mayer, 587 So.2d 255 (Miss. 1991) (procedural remand standards for county-to-circuit appeals)