Knapp v. Doherty

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• upholding a sale where the borrower did not have any written notice because the borrowers actual notice negated any claim of prejudice
• to attack a nonjudicial foreclosure sale, a plaintiff must plead and prove “an improper procedure and the resulting prejudice” (citation and internal quotation marks omitted)
• “To the extent that plaintiff seeks to quiet title ‘now,’ he lacks standing to do so, because the property at issue has already been sold.”
• presumption that foreclosure was conducted regularly and fairly must prevail when record lacks substantial evidence of prejudicial procedural irregularity
• “courts have rejected claims of deficient notice where no prejudice was suffered as a result of the procedural irregularity,” reasoning “[w]e refuse to elevate form over substance”
• “A nonjudicial foreclosure sale is presumed to have been conducted regularly and fairly; one attacking the sale must overcome this common law presumption ‘by pleading and proving an improper procedure and the resulting prejudice.’ ”

Source: CourtListener parenthetical corpus (CC0).