Hart v. Nationstar Mortgage CA2/8
A mother and her adult son, Sara and Guy Hart, assert an interest in a piece of real property whose title is in the name of another son, Don Hart. The property is in foreclosure, and Sara and Guy seek to stay the foreclosure until such time as they can obtain legal title to the property and then, as owners, remedy the default by negotiating a loan modification. While their title suit against Don was pending, they brought this action against the foreclosing lender, Nationstar Mortgage LLC, seeking a declaration that Nationstar could not proceed with the foreclosure until their title dispute was resolved. The trial court concluded Sara and Guy had no right to delay the foreclosure, and granted summary judgment to Nationstar. Sara and Guy appeal; we affirm.
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