Summary
LNV Corporation v. Hook (10th Cir. 2020) – Unpublished decision dismissing as frivolous an attorney’s pro se appeal from a foreclosure judgment. The district court properly ordered judicial foreclosure and sale of the appellant’s home, determined lien priorities including IRS tax liens, and rejected due-process and judicial-bias claims based solely on adverse rulings. The Tenth Circuit held the appeal wholly without merit, denied in forma pauperis status, and ordered immediate payment of all appellate fees. Key topics: foreclosure, deed of trust, tax liens, judicial bias, frivolous appeal, IFP denial.
Topics
Practice areas
Questions Presented
- Whether the district court lacked jurisdiction over the foreclosure action.
- Whether the district court denied Hook due process.
- Whether the district judge was biased against Hook.
Holdings
- The appeal is frivolous because Hook's arguments are wholly without merit and the result is obvious.
Key quotations
“An appeal is frivolous when the result is obvious, or the appellant's arguments of error are wholly without merit.” (at 3)
“To demonstrate a violation of due process because of judicial bias, a claimant must show either actual bias or an appearance of bias.” (at 3)
“Adverse rulings alone do not demonstrate judicial bias.” (at 3)
Factual background
LNV Corporation sought to foreclose a deed of trust on real property owned by Julia Hook in Denver, Colorado. The United States held tax liens on the property. Hook and her husband filed counterclaims contesting LNV's right to foreclose and their tax liability. The district court dismissed Hook's claims and ordered foreclosure. Hook appealed, arguing lack of jurisdiction and due process violations.
Procedural history
LNV Corporation brought a foreclosure action in Colorado state court; the United States removed to the United States District Court for the District of Columbia; the district court dismissed Hook's counterclaims and entered final judgment for LNV and the United States, ordering foreclosure and judicial sale; Hook appealed.