When Summary Possession and Ejectment Make Sense

by Isaac Benmergui, Esq on February 10, 2014

There’s one defining moment in real estate law you should always avoid: defaulting on your loan. Don’t do it. Avoid it like the plague. Respondents, the Castro family, versus U.S. Bank National Association, saw that coming, and the writing on the wall wasn’t pretty when the Castros executed a mortgage property encumbrance assigned to the petition, the U.S. Bank, only to default on the loan. What happened after that?foreclosure

Due process happened. U.S. Bank effectively purchased the property during a foreclosure auction. That’s what happens when you default on your loan. To make things worse, the Castros actually failed to vacate the property as appropriately instructed. Of course, real estate law allows a plaintiff to file complaints, in this case specific actions called summary possessions and ejectments. That simply means an order was placed to literally remove the defendants from the dwelling, by authority of law enforcement if necessary.

It gets even more interesting as the Castros filed with the intermediate court of appeals, and the justices vacated that judgment, surmising that the district court didn’t have enough jurisdiction to claim either party had legal title over the property. U.S. Bank, of course, approached the Supreme Court, and they reversed that decision effectively, concluding that the Castros actually failed to show proof as to why title was an issue in question.

It’s definitely as a process, as you can see. Overall, though, ultimately, loan defaults, however complex they may be depending on the situation, ultimately rests with the plain statutory language. If you don’t pay back your loan, you lose your property. Plain and simple. The law is the law.

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