HEARING ON MOTION FOR ENTRY OF JUDGMENT PURSUANT TO STIP. SETTLEMENT
FILED BY FREDERICK L. MCCAULEY
* TENTATIVE RULING: *
This case arose over plaintiff’s sale of a house to defendants. The parties settled the case in 2014. The settlement called (1) for plaintiff to quitclaim his interest in the house to defendants; (2) for defendants to cure the existing default on the mortgage (which defendants were supposed to pay, but on which plaintiff was the obligor); and (3) for defendants, if possible, to arrange to refinance the house or assume the mortgage, so as to relieve plaintiff of any debt obligation as to the property. If defendants did not cure the mortgage default, or if they did not or could not arrange to get plaintiff off the loan, the settlement called for the property to be sold on specified terms. The parties agreed that the Court would retain jurisdiction to enforce the settlement under Code of Civil Procedure § 664.6.
Plaintiff now moves to enforce the settlement by orde
Hearing Date
November 17, 2017
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HEARING ON MOTION FOR ENTRY OF JUDGMENT PURSUANT TO STIP. SETTLEMENT
FILED BY FREDERICK L. MCCAULEY
* TENTATIVE RULING: *
This case arose over plaintiff’s sale of a house to defendants. The parties settled the case in 2014. The settlement called (1) for plaintiff to quitclaim his interest in the house to defendants; (2) for defendants to cure the existing default on the mortgage (which defendants were supposed to pay, but on which plaintiff was the obligor); and (3) for defendants, if possible, to arrange to refinance the house or assume the mortgage, so as to relieve plaintiff of any debt obligation as to the property. If defendants did not cure the mortgage default, or if they did not or could not arrange to get plaintiff off the loan, the settlement called for the property to be sold on specified terms. The parties agreed that the Court would retain jurisdiction to enforce the settlement under Code of Civil Procedure § 664.6.
Plaintiff now moves to enforce the settlement by orde