AI Generated Opinion Summaries

Decision Information

BAC Home Loans Servicing, LP v. Henderson-Still (AI Generated Opinion Summaries)

Collection AI Generated Opinion Summaries
Date 06/01/2012
Docket Numbers 31,634
Relations See full-text opinion - BAC Home Loans Servicing, LP v. Henderson-Still - 06/01/2012 - Unreported Opinions

Decision Content

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

  • The case involves a foreclosure complaint against Defendants Jo B. Henderson-Still and Michael P. Still. A default foreclosure judgment was previously entered against the Defendants, who later filed a motion to set aside that judgment and subsequently a motion to dismiss the complaint, alleging the Plaintiff lacked the capacity to sue.

Procedural History

  • Default foreclosure judgment entered on August 17, 2010.
  • Defendants filed a motion to set aside the judgment in January 2011, which was denied on June 28, 2011.
  • Defendants then filed a motion to dismiss the complaint, which was also denied.

Parties' Submissions

  • Defendants: Argued that the Plaintiff lacked the capacity to sue and sought to dismiss the foreclosure complaint. They first raised the issue of standing in their reply to the response to their motion to set aside the default judgment.
  • Plaintiff: [Not applicable or not found]

Legal Issues

  • Whether the issue of a plaintiff’s capacity to sue is waived if not raised by motion or answer.
  • Whether Defendants waived their standing issue by waiting to raise it until after a post-judgment motion had been denied.

Disposition

  • The court affirmed the district court order denying Defendants' motion to dismiss the foreclosure complaint.

Reasons

  • TIMOTHY L. GARCIA, Judge (JAMES W. WECHSLER, Judge and CYNTHIA A. FRY, Judge concurring): The court held that the issue of a plaintiff’s capacity to sue is waived if not raised by motion or answer, citing Hugh K. Gale Post No. 2182 VFW v. Norris. Since a default judgment was entered and no answer was filed, and Defendants did not raise the standing issue in their motion to set aside the default judgment, the court concluded that Defendants had waived their standing issue. The court also noted that being pro se does not exempt Defendants from the requirement to timely raise issues.
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