United States of America, Cross-Appellant in No. 87-1777 v. Marcus Spears and Doris E. Spears. Appeal of Doris Spears, in No. 87-1735

859 F.2d 284, 1988 U.S. App. LEXIS 14024
CourtCourt of Appeals for the Third Circuit
DecidedOctober 13, 1988
Docket87-1735, 87-1777
StatusPublished
Cited by46 cases

This text of 859 F.2d 284 (United States of America, Cross-Appellant in No. 87-1777 v. Marcus Spears and Doris E. Spears. Appeal of Doris Spears, in No. 87-1735) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States of America, Cross-Appellant in No. 87-1777 v. Marcus Spears and Doris E. Spears. Appeal of Doris Spears, in No. 87-1735, 859 F.2d 284, 1988 U.S. App. LEXIS 14024 (3d Cir. 1988).

Opinions

OPINION OF THE COURT

WEIS, Circuit Judge.

Pennsylvania statutes require that notice be given to a mortgagor before foreclosure proceedings may begin. The question on this appeal is whether a federal agency must comply with those statutes before foreclosing on a mortgage acquired in the course of a federal loan program. No-third party commercial interests are affected, and so we find no compelling reason to incorporate state law as the rule of decision. Accordingly, we will vacate a district court order directing the agency to comply with the state statutes.

In 1981, defendant Doris Spears (now Doris Rivera)1 and her husband Marcus Spears (now deceased) purchased property located in Alburtis, Pennsylvania. The purchase was financed by a mortgage in the amount of $43,500 given by the Spears to the Farmers Home Administration (FmHA). Because of their modest income, the Spears received an “interest credit” subsidy from the FmHA, reducing the monthly payments from $487 to $130. Payments were made until June 1982, but none has been received since that time.

In July 1982, as the result of a marital dispute, the couple separated. Mr. Spears moved to New York and Ms. Rivera moved to Puerto Rico, expecting, she said, to be gone for three or four months. While in Puerto Rico, Ms. Rivera underwent treatment for various physical ailments and severe depression. She secured a consensual divorce in December 1982.

On October 14, 1982, the FmHA wrote to Ms. Rivera in Puerto Rico, stating that “[i]t has come to our attention that you have vacated your property. This is a violation of your mortgage agreement_ Your interest credit has also been cancelled and payments increased....” She was advised that she could either sell the property or refinance the mortgage and pay the government in full. A corresponding communication was mailed to Mr. Spears. Letters to the same effect were also sent to [286]*286both parties on January 18, 1983. In July 1983 Ms. Rivera left Puerto Rico and moved to her daughter’s residence in Allentown, Pennsylvania.

In a letter dated March 16, 1984, the FmHA informed Ms. Rivera that default on the mortgage had occurred because of failures to make payments and to occupy the premises. The agency stated its intent to accelerate the loan and to begin foreclosure proceedings within thirty days. Once again Ms. Rivera was told that she could cure the default by making specified payments, transferring the property to another person in accordance with agency regulations, or refinancing the mortgage. The letter also gave notice of the right to an administrative hearing if she submitted a request within thirty days. The record contains no response by Ms. Rivera to any of these letters. Ms. Rivera moved back into the house in November 1985, and she has lived there since that time without paying any installment on the mortgage.

Foreclosure proceedings in the district court began in the summer of 1985. After disposing of some preliminary matters, the district court, with the consent of the parties, remanded the case to the FmHA for administrative determinations. Following a hearing and an appeal to the state director, the FmHA determined that the property had been abandoned in July 1982 and had remained so until December 1985. Consequently, the agency decided to continue with foreclosure.

The case then returned to the district court. On review, the court found that subtantial evidence supported the administrative decision on abandonment and that the agency, therefore, had properly denied relief to Ms. Rivera. The district judge, however, upheld the defendant’s contention that the FmHA was required to comply with two Pennsylvania statutes—Act 6 of 1974, 41 Pa.Stat.Ann. § 401-08 (Purdon 1988), and Act 91 of 1983, 35 Pa.Stat.Ann. § 1680.401c (Purdon 1988). These statutes direct that a mortgagor be given written notice of a mortgagee’s intention to begin foreclosure proceedings at least thirty days in advance. In addition, the mortgagor must be provided a list' of consumer credit counseling agencies and be notified of the right to apply for financial assistance from the state’s Homeowner Emergency Mortgage Program.

The district court observed that these statutes neither afforded additional substantive benefits to FmHA mortgagors nor imposed a substantial administrative burden on the government. State law did not interfere with, or frustrate the objectives of, the federal program, and there was no need for uniform administration on a national basis. Relying on United States v. Kimbell Foods, Inc., 440 U.S. 715, 99 S.Ct. 1448, 59 L.Ed.2d 711 (1979), the court again remanded to the FmHA, directing it to “comply with the provisions of Act 6 and Act 91, after which the [government’s] motion for summary judgment may be renewed.” Both parties’ motions for summary judgment were denied in the same order.

On appeal Ms. Rivera contends that the district judge erred in finding that the FmHA had produced substantial evidence to justify its abrogation of the financing arrangements. In its cross-appeal, the FmHA asserts that it is not required to comply with the state statutes which restrict a mortgagee’s remedies against its mortgagor.

I.

A.

Ms. Rivera cites 28 U.S.C. § 1291 as the basis for appellate jurisdiction because, she contends, her appeal is taken from a final order. Although the FmHA has not contested that statement, it is clear that the order lacks finality in the traditional sense.

The summary judgment motions of both Ms. Rivera and the FmHA were denied, and the case was remanded to the agency. The denial of a summary judgment motion is not a final order, Boeing Co. v. International Union, United Auto., Aerospace & Agric. Implement Workers of America, 370 F.2d 969, 970 (3d Cir.1967).

Moreover, an order remanding a matter to an administrative agency is no [287]*287more than an interlocutory step in adjudicative proceedings and is generally not ap-pealable. United Steelworkers of America, Local 1913 v. Union R.R., 648 F.2d 905, 909 (3d Cir.1981); Marshall v. Celebrezze, 351 F.2d 467, 468 (3d Cir.1965). An exception exists, however, to the nonap-pealability of such remand orders. In AJA Assoc. v. Army Corps of Engineers, 817 F.2d 1070, 1073 (3d Cir.1987), we stated that proposition as follows: “when a district court finally resolves an important legal issue in reviewing an administrative agency action and denial of appellate review before remand to the agency would foreclose appellate review as a practical matter, the remand order is immediately appealable.” See also Horizons Int’l, Inc. v. Baldrige, 811 F.2d 154 (3d Cir.1987); Union R.R., 648 F.2d 905.

The remand order here falls within the special exception articulated in our cases.

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859 F.2d 284, 1988 U.S. App. LEXIS 14024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-of-america-cross-appellant-in-no-87-1777-v-marcus-spears-ca3-1988.