PHH Mortgage v. Nickerson

This case was the second appeal following a judicial foreclosure. Charles and Donna Nickerson initially appealed the district court’s decision to grant summary judgment in favor of PHH Mortgage and J.P. Mortgage Chase Bank in a judicial foreclosure proceeding involving the Nickersons’ approximately fifty acres of land in Clearwater County, Idaho (the “Property”). The Idaho Supreme Court affirmed the district court’s summary judgment grant in PHH Mortgage v. Nickerson, 374 P.3d 551 (2016) (“Nickerson I”). Following the Supreme Court’s decision, the district court issued an order lifting the stay on its prior judgment, as well as an order of sale and decree of foreclosure. The district court also denied the Nickersons’ post-appeal motions for sanctions, to quash execution and judgment, and to vacate or amend the order of sale and decree of foreclosure. The Nickersons then challenged several issues previously decided in Nickerson I as well as the district court’s decisions on motions and orders subsequent to that decision. The Supreme Court found that the "law of the case" doctrine prevented the Supreme Court from addressing issues that were raised or could have been raised in Nickerson I, and that the district court did not abuse its discretion in denying the Nickersons' motion to quash execution and judgment, and the motion to reconsider. View "PHH Mortgage v. Nickerson" on Justia Law