Eun Hoi Hwang v. Stearns (In Re Eun Hoi Hwang)

MEMORANDUM OF DECISION ON SUMMARY JUDGMENT MOTION

SAMUEL L. BUFFORD, Bankruptcy Judge.

I. INTRODUCTION

Defendants James and Edna Stearns attempted to foreclose their deed of trust on property belonging to plaintiff Eun Hoi Hwang, even though she was not in default in her obligations under the note secured by the deed of trust. Only the filing of this chapter 11 bankruptcy ease on the eve of foreclosure prevented a wrongful foreclosure. Ms. Hwang then brought this adversary proceeding to determine the amount owing under the loan and for damages for wrongful foreclosure. The Stearns contend that…