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Trial court properly orders eviction after foreclosure proceeding

The court held that the trial court properly ordered defendants' eviction after foreclosure of their home, and properly dismissed their cross-claims against plaintiff-Fannie Mae. Non-party-Bank of America foreclosed on defendants' home and transferred it to Fannie Mae. At the end of the statutory redemption period, Fannie Mae instituted eviction proceedings. Defendants filed a cross-complaint, alleging breach of contract, promissory estoppel and wrongful foreclosure, and seeking exemplary damages. The trial court dismissed defendants' claims and ordered their eviction. On appeal, the court rejected their argument that the trial court should have taken judicial notice of a consent order between Bank of America and the Board of Governors of the Federal Reserve System. "There is no record indication that the [trial] court did not take judicial notice of the existence of the consent order when rendering its ruling. Rather, the court implied that it acknowledged the existence of the consent order but found it irrelevant because it was not entered until three months after the foreclosure sale . . . ." It also rejected their argument that the trial court should have set aside the foreclosure sale based on various defects and irregularities in the foreclosure process. Defendants' "act of securing the division of the property into two tax identification numbers and failing to notify [Bank of America] of this new tax structure caused the accumulation of unpaid property taxes," so their claim "that the bank caused this error is unavailing," and they were not prejudiced. Further, as a result of defendants' breaches of the forbearance agreement, Bank of America "was not required to 'offer to modify [the] loan,' and continue the 'suspen[sion of] of any scheduled foreclosure sale' as promised in the agreement." Finally, the court held that defendants were not entitled to exemplary damages, noting that because the trial court did not err in dismissing their challenges to the foreclosure process, it did not err in dismissing their statutory claim for exemplary damages, and because they presented no evidence of emotional suffering and made no factual allegations to support such a recovery, the trial court properly dismissed this claim under common law. Affirmed.

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