Curtis G. Snell Sr. and Tywanic L. Snell v. 21st Mortgage Corporation; John Does 1-10

Summary

The United States District Court for the Northern District of Mississippi granted 21st Mortgage Corporation’s motion for summary judgment and denied the plaintiffs’ competing motion in a dispute over a nonjudicial foreclosure sale. The court held that the lender complied with Mississippi Code section 89-1-55 regarding notice and was not required under section 89-1-59 or the deed of trust to accept or aggregate partial payments that did not cure the default. The case was closed, with a final judgment to follow.

Holdings

1. The Snells failed to provide competent summary-judgment evidence creating a genuine dispute that 21st Mortgage failed to post the required notice. Summary judgment was therefore proper for 21st Mortgage on this claim.
2. Partial payments that did not pay the full amount then due did not cure the Snells' default or reinstate the loan under section 89-1-59. 21st Mortgage was entitled to return the insufficient partial payments, and summary judgment was proper in its favor.
3. The Snells could not assert a new breach-of-contract claim for the first time in a memorandum supporting summary judgment; the claim had to be raised through an amended complaint.

Questions Presented

1. Whether 21st Mortgage violated Mississippi Code section 89-1-55 by failing to post notice of the foreclosure sale at the county courthouse.
2. Whether the Snells' returned partial payments reinstated the mortgage or stopped the foreclosure sale under Mississippi Code section 89-1-59.
3. Whether the Snells could assert a breach-of-contract claim for the first time in summary-judgment briefing.

Disposition

other