Western & Southern Life Insurance v. Smith

KRUPANSKY, Circuit Judge.

George and Regina Smith, the defendants-third party plaintiffs-appellants in this action (collectively referred to as the Smiths or appellants), have appealed from the district court’s grant of summary judgment in favor of Samuel Pierce, the Secretary of the United States Department of Housing and Urban Development (hereafter referred to as the Secretary or as HUD). The Smiths had sought declaratory and injunctive relief mandating HUD to accept assignment of the appellant’s home mortgage.

The record disclosed the following underlying facts. The Smiths had executed a…