Federal Home Loan Mortgage Corporation v. Gary E. Mitchell, John Doe

OPINION

SMITH, Judge.

We affirm the district court’s grant of summary judgment to respondent because appellants’ claims lie outside the scope of the summary nature of an eviction action. We also affirm the district court’s denial of an unconditional stay of the eviction because appellants do not contend that théy did not default on their mortgage or that they lack an alternative forum to litigate their other claims.

FACTS

In March 2002, appellants Gary and Leila Mitchell executed a mortgage of their home in favor of Signal Bank. Shortly afterward, Signal Bank assigned its interest to Wells Fargo…