Secretary of Housing & Urban Development v. Sky Meadow Ass'n

ORDER GRANTING GOVERNMENT’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT

RICHARD A. PAEZ, Circuit Judge, Sitting by Designation.

I

Introduction

In this case, the Secretary of Housing and Urban Development (“HUD”), seeks to quiet title in property it acquired under the Single Family Mortgage Insurance Program, but that was subsequently sold through a private non-judicial foreclosure sale initiated by defendant Sky Meadow Association (“Sky Meadow”) when HUD failed to pay homeowner association assessment fees. HUD maintains that although the foreclosure…