Federal Home Loan Mortgage Corporation v. Parker
4:10-cv-02565
N.D. Ala.Sep 20, 2011Background
- Freddie Mac filed ejectment action against Parker in ND Alabama (Case 4:10-CV-2565-VEH) on Sept 20, 2010; jurisdiction under 12 U.S.C. §1452(f)(2) due to Freddie Mac’s status; Parker answered with counterclaims; Freddie Mac moved for summary judgment on Apr 1, 2011; Parker opposed with documents and affidavits; Bankruptcy proceedings initiated by Parker on Jan 8, 2010; relief from stay granted Sept 14, 2010 allowing Freddie Mac to pursue possession; Freddie Mac asserts ownership via Mortgage, Warranty Deed, and Foreclosure Deed; foreclosure completed June 23, 2008; Freddie Mac acquired title via Special Warranty Deed dated July 11, 2008; Parker’s state court complaint in 2008 challenging foreclosure due to alleged defects; Parker testified to default and partial payments; Parker’s subdivision description in Mortgage and Warranty Deed allegedly mismatched (McElrath vs Clothes/Subdivision).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Freddie Mac is entitled to ejectment under Alabama law. | Freddie Mac has superior title shown by Mortgage, Warranty Deed, and Foreclosure Deed. | Parker contends foreclosure invalid due to subdivision description error and lack of proper ownership chain. | Freddie Mac is entitled to summary judgment for ejectment. |
| Whether Parker’s counterclaims, including alleged improper hazard insurance charges, survive. | Freddie Mac argues counterclaims are abandoned or insufficiently supported. | Parker asserts improper hazard insurance charges increase debt owed. | Counterclaims largely abandoned; hazard insurance claim insufficient to defeat summary judgment. |
| Whether alleged typographical/subdivision description errors in the Mortgage invalidate the deed or foreclosure. | Mortgage covers property described in Warranty Deed; typos do not invalidate. | Discrepancy between McElrath and Clothes subdivisions creates ambiguity and potential invalidation. | Typographical error does not invalidate Mortgage/foreclosure; Freddie Mac’s title remains valid. |
Key Cases Cited
- Flanigan's Enters., Inc. v. Fulton County, Ga., 242 F.3d 976 (11th Cir. 2001) (arguments not developed may be waived in summary judgment)
- Ordower v. Feldman, 826 F.2d 1569 (7th Cir. 1987) (abandoned or inadequately briefed issues may be treated as waived)
- Wilkerson v. Grinnell Corp., 270 F.3d 1314 (11th Cir. 2001) (claim abandonment or failure to brief)
- Resolution Trust Corp. v. Dunmar Corp., 43 F.3d 587 (11th Cir. 1995) (grounds for abandoning claims when not argued on summary judgment)
- Road Sprinkler Fitters Local Union No. 669 v. Independent Sprinkler Corp., 10 F.3d 1563 (11th Cir. 1994) (court may treat as abandoned a claim not argued)