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In re Hoffman

280 B.R. 234 (2002)

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In re Hoffman

United States Bankruptcy Court for the Western District of Missouri
280 B.R. 234 (2002)

RW

Facts

Lisa Helen Hoffman (defendant) purchased her house with a loan from Ameriquest Mortgage Company (Ameriquest) (plaintiff). The loan was secured by a deed of trust on the property. When Hoffman defaulted on the loan, Ameriquest notified Hoffman by certified mail that the trustee would auction off her house at a foreclosure sale. Hoffman remained in the house after the sale, so Ameriquest notified Hoffman, again by certified mail, that it was suing her for unlawful detainer. Ameriquest sent both notices to the address specified in the deed of trust, which slightly misspelled Hoffman’s street address. Despite the misspelling, the notices arrived at the correct post office, and the mail carrier left cards at Hoffman’s correct address notifying Hoffman that she had certified mail awaiting her pickup at the post office. Hoffman never claimed either notice. A trial court entered judgment for Ameriquest on its unlawful-detainer charge. Hoffman declared bankruptcy after the local sheriff posted an eviction notice on her door. Hoffman moved the bankruptcy court to set aside the foreclosure sale, claiming that the sheriff’s posting provided Hoffman with her only notice of the foreclosure and subsequent unlawful-detainer action.

Rule of Law

Issue

Holding and Reasoning (Venters, J.)

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