AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves the Defendant, Pamela L. Lipper, being ordered to vacate a home following a foreclosure action initiated by the Plaintiff, Bank of America, N.A. The bank sought a writ of assistance from the court to have the sheriff remove the Defendant from the property after the foreclosure process was completed.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Plaintiff-Appellee (Bank of America, N.A.): Sought a writ of assistance for the removal of the Defendant from the home following a foreclosure action.
• Defendant-Appellant (Pamela L. Lipper): Filed a memorandum in opposition to the proposed summary disposition, challenging the issuance of the writ of assistance but failed to timely appeal the decree of foreclosure or the order confirming the sale of the property.

Legal Issues

• Whether the district court erred in issuing a writ of assistance to remove the Defendant from the home following the foreclosure action.

Disposition

• The Court of Appeals affirmed the district court's order granting the Plaintiff a writ of assistance to have the sheriff remove the Defendant from the home.

Reasons

• The decision was authored by Judge James J. Wechsler with Judges Michael D. Bustamante and Cynthia A. Fry concurring. The Court of Appeals found that the Defendant failed to timely appeal the decree of foreclosure or the order confirming the sale of the property, which rendered these orders final and unappealable. As a result, the Defendant waived any arguments regarding the merits of the underlying foreclosure and judicial sale. The Defendant's memorandum in opposition did not provide any authority to demonstrate that the writ of assistance should not have been issued under the circumstances of this case. Therefore, the Court of Appeals affirmed the district court's decision to issue the writ of assistance, finding no error in its issuance (paras 1-4).