Henderson v. Copper Ridge Homes, LLCAnnotate this Case
John and Cindy Henderson filed suit against Copper Ridge Homes (“Copper Ridge”) and First Bank regarding the construction of their new home in Magnolia, Mississippi. The case quickly spiraled into foreclosure proceedings upon the Hendersons’ defaulting on their loan with First Bank. The judge granted First Bank’s motion for judicial foreclosure. After that, the Hendersons unsuccessfully moved multiple times to amend their complaint to add wrongful foreclosure. The judge granted Copper Ridge’s and First Bank’s motions for summary judgment on the Hendersons’ claims, finding that the claims, which arose from the alleged faulty construction of the house traveled with the title to the property. Because the Hendersons no longer owned any interest in the house and land, the judge found that they had lost their right to seek damages. On appeal, the Hendersons argued the trial court erred by granting First Bank a judicial foreclosure, by granting Copper Ridge’s and First Bank’s motions for summary judgment, and by denying their motions for leave to amend and to add wrongful foreclosure to their complaint. Finding that the trial court erred in granting Copper Ridge’s and First Bank’s post-foreclosure motions for dismissal of the Hendersons’ claims, The Mississippi Supreme Court affirmed the grant of judicial foreclosure, reversed the grant of summary judgment to both parties, and remanded the case to the trial court for determination of the Hendersons’ claims.