Rehearing Denied In Appeal Over Lien’s Superpriority Status In Foreclosure Suit

Mealey's (March 15, 2023, 1:19 PM EDT) -- SAN JOSE, Calif. — A Ninth Circuit U.S. Court of Appeals panel on March 14 denied a homebuyer’s petition for panel rehearing in a foreclosure dispute, declining the homebuyer’s request to rehear the appeal after agreeing with a federal district court that while the trustee’s claims were time-barred under the statute of limitations, summary judgment was warranted on the homebuyer’s counterclaim to quiet title because the property was subject to the trustee’s “preserved first-position security interest.”...