Which inability to eradicate the fresh lien allegedly avoided the heirs out-of selling the house and you may discharging the initial loan, the mortgage
This case is before the Court to your actions having sumend the complaint. Woodson ordered a house inside the Gordonsville, Virginia. She financed one purchase with a mortgage granted by a predecessor off Of use Financial I, Inc. (“Beneficial”). Around a year later, she received another financing of Useful based on their particular equity within the you to house. Helpful ended up selling one 2nd financing so you can Ditech Monetary, LLC (“Ditech”). But not, Woodson fundamentally dropped behind to make repayments during these money. Woodson passed away from inside the 2015, plus the around three plaintiffs contained in this suit (“new heirs”) handed down the house. Because of delinquencies to the financing, Useful moved to foreclose. Brand new heirs submitted so it suit to get rid of the foreclosure proceedings. From inside the pendency of your own fit, Carrington Mortgage loans Services, LLC (“Carrington”), who’s not a celebration compared to that match, ordered the original home loan away from Beneficial.
Possible try in the first place submitted on Louisa State Circuit Judge. (Dkt. 1). The defendants eliminated the outcome predicated on range legislation in order to federal judge, just before Court Conrad. Your situation was transferred to myself to your . (Dkt. 87).
New heirs, when you look at the an action to own silent identity, questioned the latest Legal to determine if or not Useful released the home collateral loan (Matter You to definitely). While they so-called that this mortgage was discharged, the heirs as well as contended Beneficial and you will Ditech improperly refused to beat a connected lien towards the possessions (Matters A couple of and Around three).
