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Larman v. U.S. Dept. of Housing & Urban Development et al. (In re Larman) (Case No. 16-71624; A.P. No. 17-07001) 8/17/17

This adversary proceeding was filed by the debtor against HUD and the holder of a reverse mortgage, as well as other parties, seeking declaratory judgment against HUD stating that it failed to implement certain anti-displacement protections into the Home Equity Conversion Mortgage program in contravention of enabling legislation.  The debtor also asked the Court to order HUD to accept assignment of the deed of trust at issue in the case, to quiet title to the property voiding the reverse mortgage and enjoining the holder of the mortgage from proceeding with a foreclosure sale under the reverse mortgage.  After an in depth discussion of the issues of mootness and standing, the Court granted HUD’s Motion to Dismiss and dismissed the complaint against HUD as redressability was absent as to HUD to support Article III standing.   The Court denied the holder of the reverse mortgage’s motion to dismiss for failure to join a necessary party as the Court found that party not to be a necessary party under Rule 19(a) of the Federal Rules of Civil Procedure. The Court also denied that creditor’s motion to dismiss on the grounds of statute of limitations as the Court believed there were significant questions of fact as to when the debtor’s cause of action accrued.

Date: 
Thursday, August 17, 2017
Category: 
Adversary Proceedings
Burden of Proof
Jurisdiction
Standing
Statute of Limitations
Chapter: 
13