Richard Sibert v. Wells Fargo Bank, N.A.

863 F.3d 331, 2017 WL 3013008, 2017 U.S. App. LEXIS 12739
CourtCourt of Appeals for the Fourth Circuit
DecidedJuly 17, 2017
Docket16-1568
StatusPublished
Cited by2 cases

This text of 863 F.3d 331 (Richard Sibert v. Wells Fargo Bank, N.A.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Richard Sibert v. Wells Fargo Bank, N.A., 863 F.3d 331, 2017 WL 3013008, 2017 U.S. App. LEXIS 12739 (4th Cir. 2017).

Opinions

Affirmed by published opinion. Judge Niemeyer wrote the majority opinion, in which Judge Duncan joined. Judge King wrote a dissenting opinion.

NIEMEYER, Circuit Judge:

While serving in the U.S. Navy, Richard Sibert obtained a loan secured by a mortgage to purchase a house in Virginia Beach, Virginia. Soon after his discharge from the Navy, he defaulted on the loan, and the lender began foreclosure proceedings. During those proceedings, however, and before any foreclosure sale was held, Sibert enlisted in the U.S. Army. The lender continued to pursue foreclosure and sold Sibert’s house at a foreclosure sale shortly after Sibert had begun his service in the Army.

Sibert commenced this action against Wells Fargo Bank, N.A., alleging , that the foreclosure sale was invalid under the Ser-vicemembers Civil Relief Act (“SCRA”), which requires a lender to obtain a court order before foreclosing on or selling property owned by a current or recent service-member where the mortgage obligation “originated before the period of the, servicemember’s military service.” 50 U.S.C. § 3953(a); see id. § 3953(c). The district court granted summary judgment to Wells Fargo, concluding that, because Sibert incurred his mortgage obligation during his service in the Navy, the obligation was not subject to SCRA protection.

For the reasons that follow, we affirm.

I

Sibert entered the Navy in July 2004, and while in the Navy—on May 15, 2008— he purchased a house in Virginia Beach, financing the purchase with a loan of $174,650 from Advance Mortgage, which was secured by a deed of trust on the house. Sibert’s loan was subsequently acquired by Wells Fargo Bank, N.A.

After his discharge from the Navy in July 2008, Sibert went into default on his loan, and, several months later, Wells Fargo mailed him a notice a default. In March 2009, Wells Fargo notified Sibert that it had begun steps to foreclose on his house. But, a month later, before the foreclosure sale, Sibert enlisted in the Army. In May 2009, just after Sibert entered the Army, Wells Fargo sold Sibert’s house at 'a foreclosure sale. After signing a move-out agreement; Sibert also executed a “Ser-vicemembers’ Civil Relief Act Addendum to Move Out Agreement,” in which he stated that he was “affirmatively waiving] any rights and protections provided by [50 U.S.C. § 3953] with respect to the May 15, 2008 Deed of Trust ... and the May 13, 2009 foreclosure sale.”

Over a year later, Sibert and his wife filed a voluntary Chapter 7 bankruptcy petition. In their filings, they did not list any potential claims against Wells Fargo, nor did they advise the bankruptcy court [333]*333or the trustee of any such possible claim. The bankruptcy court granted Sibert and his wife a discharge on May 9, 2011.

Sibert commenced this action on October 29, 2014, more than five years after the foreclosure sale, alleging that Wells Fargo, by foreclosing on his property and selling his house without a court order while he was in the Army, violated the SCRA, rendering the foreclosure invalid. See 50 U.S.C. § 3953(c). The parties filed cross-motions for summary judgment, and, in its motion, Wells Fargo argued, as threshold matters, that Sibert was judicially estopped from bringing an SCRA claim against Wells Fargo because he failed to list the claim in his bankruptcy proceedings and that, because his debts had been discharged, he lacked standing to bring the claim. After conducting an evidentiary hearing, the district court held that Si-bert’s claim was not barred by judicial estoppel and entered an order staying the action pending the reopening of Sibert’s bankruptcy case to allow the trustee to decide whether to pursue the SCRA claim. The trustee filed á motion to substitute herself as the real party-in-interest, and the district court granted the motion and lifted the stay, allowing this case to proceed.

In an opinion and order entered in this case, the district court granted Wells Fargo’s motion for summary judgment, concluding that Sibert’s mortgage obligation was not protected by the SCRA. The court stated that resolution of the case “turn[ed] on the interpretation of the phrase ‘originated before the period of the servicemem-ber’s military service’” .in 50 U.S.C. § 3953(a), and noted that the application of that language to multiple periods of military service was an issue of first impression. “On its own,” the court explained, “the language ... is unclear on whether it contemplates multiple periods of military service,” but the court found that “the specific context of the language indicates that the statute does not apply to obligations incurred while one is in the military, because the underlying concern is the impact military service may .have on a servicemember’s income and status, uncon-templated at the time when they incurred the obligation.” The court accordingly concluded that “[bjecause it is undisputed that Sibert’s mortgage originated while he was in the military, that obligation does not qualify under [§ 3953(a) ]” and, “[a]s a result, Sibert cannot claim the remedy provided in [§ 3963(c) ].” Because of its ruling, the court , did not reach Wells Fargo’s alternative argument that Sibert had waived his rights under the SCRA by executing the addendum to his move-out agreement.

From the district court’s judgment dated May 4,-2016, Sibert filed this appeal. After Sibert filed his opening brief, Wells Fargo filed a motion to dismiss the appeal, contending that Sibert was not a proper party to the appeal and therefore lacked standing. We denied the motion by an order dated November 30, 2016.

II

The relevant section of the SCRA provides protection to servicemembers’“obli-gation[s] on real or personal property” only when the obligation “originated before the period of the servicemember’s military service.” 50 U.S.C. § 3953(a). The protections afforded by the SCRA include stays of enforcement, adjustments to preserve the interests of the parties, and the invalidation of foreclosures and sales pursued without a court order while the ser-vicemember is in service and for one year thereafter. Id. § 3953(b), (c).

In this case, Sibert incurred his obligation during his service in the Navy, and Wells Fargo began foreclosure proceedings after Sibert left the Navy. Before [334]*334the sale of his house in foreclosure, however, Sibert entered the Army, and his house was sold while he was in the Army.

The district court concluded that 50 U.S.C. § 3953(a) “does not apply to obligations that originate while a servicemem-ber is already in the military” and that therefore it did not provide protection to Sibert’s mortgage, which was incurred while he was in the Navy.

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Cite This Page — Counsel Stack

Bluebook (online)
863 F.3d 331, 2017 WL 3013008, 2017 U.S. App. LEXIS 12739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-sibert-v-wells-fargo-bank-na-ca4-2017.