Federal Home Loan Mortgage Corp. v. Willette
Annotate this CaseDefendant Michelle Willette appealed a circuit court decision issuing a writ of possession in favor of plaintiff, Federal Home Loan Mortgage Corporation (Freddie Mac). In February 2013, Freddie Mac purchased Willette's property through a foreclosure sale. Freddie Mac subsequently filed a landlord and tenant writ in the district division seeking possession of the premises. After a hearing, Willette filed the required recognizance with the district division and then filed a title action in superior court. In April 2014, Freddie Mac removed the title action from the superior court to the federal district court. The federal district court granted Freddie Mac’s motion to dismiss Willette’s title action. Afterward, Freddie Mac filed a motion in superior court for the issuance of a writ of possession, which was denied. Freddie Mac then requested a hearing in the district division on the merits of its possessory action. At the hearing, Willette argued that the district division lacked jurisdiction to issue a writ of possession. The district division disagreed and issued the writ. On appeal, Willette argued that the district division erred in issuing the writ of possession because: (1) it lacked jurisdiction over the possessory action; and (2) Freddie Mac failed to obtain judgment pertaining to its possessory action in both the superior court and the federal district court. Finding no reversible error, the Supreme Court affirmed.
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