The court confirmed a foreclosure on non judicial foreclosures on the grounds that the property was unoccupied when the lender closed the foreclosure.
“The property was vacant at the time of the closing and the loan was discharged,” the court said.
The case was brought by a family member who said she had lost her home to foreclosure in 2009 and was living on the streets.
It was a similar case in the state of Minnesota, where a court recently ordered a nonjudicial foreclosure on a house, finding that the mortgage was paid for by the property owner, not by the bank.
In that case, the court found that the home was not occupied and found that it was not “foreclosureable”.
But the US government has said the process of confirming a non-judicial foreclosure is not done by courts.
Forces that oversee the foreclosure process, the Federal Reserve, and the US Department of Housing and Urban Development, have all said the foreclosure of the property is not a judicial foreclosure.