Cavanaugh v. Citimortgage, Inc.
Annotate this CaseAfter Susan Cavanaugh defaulted on her loan, which was secured by a deed of trust on the home she shared with her husband, the bank that was the beneficiary of the deed of trust made two forestalled attempts at a trustee's sale. The bank then elected to proceed by judicial foreclosure. The district court entered a judgment and decree of foreclosure, finding that the Cavanaughs were not entitled to a statutory right of redemption. The Supreme court affirmed, holding (1) the Cavanaughs were not entitled to a one-year right of redemption because their property was foreclosed by judicial procedure rather than by advertisement and sale; and (2) the Cavanaughs were not entitled to a right of redemption because their property was a multi-family residence, as the Cavanaughs' home was a single family residence at the time the deed of trust was executed.
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