Barlow v. SPS Select Portfolio Servicing, Inc.
Docket: CIVIL ACTION NO. 18-40196-TSH
Court: District Court, District of Columbia; November 28, 2018; Federal District Court
Karen Barlow filed a motion for a preliminary injunction to block the foreclosure sale of her property at 4 Southview Road, Worcester, Massachusetts. The motion was denied by the court. Barlow alleged improper notice regarding the default, her right to cure, and the foreclosure process, claiming the foreclosing entity lacked authority to proceed and failed to comply with Massachusetts law. On November 21, 2018, she also sought a temporary restraining order (TRO) to prevent the foreclosure sale, arguing that SPS Select Portfolio Servicing, Inc. did not adhere to regulatory requirements and ignored her requests for a loan modification. However, the court denied the TRO, allowing the property to be sold at auction that same day while agreeing to consider her motion as one for a preliminary injunction. The court evaluated the motion based on four standard factors: likelihood of success on the merits, irreparable harm without relief, balance of equities, and public interest. The court emphasized that the likelihood of success is the most critical factor. The principle of mootness was also discussed, asserting that if a case no longer presents an actual controversy, it must be dismissed. Since the property had already been sold at auction, the court concluded it lacked the authority to reverse the sale, rendering Barlow's request for injunctive relief moot. Therefore, the motion for a preliminary injunction was denied, as the sale had already occurred.