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Moss-Schulze v. EMC Mortgage Corp.

When the judgment of an appellate court can have no effect on an existing controversy, a case becomes moot and should be dismissed. Moss-Schulze v. EMC Mortgage Corp., El Paso Court of Appeals, No. 08-07-00098-CV.

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OPINION

Pending before the Court is Appellee, EMC Mortgage Corporation’s (“EMC”) motion to dismiss this appeal. Finding that the property which was the subject of the underlying lawsuit has been sold, we will dismiss the appeal as moot.

Appellant, Ms. Barbara Moss-Schulze purchased the property at issue in January of 2003. She financed the purchase with a mortgage loan from EMC. This appeal arises from EMC’s attempt to foreclose on the property after Ms. Schulze failed to make payments. In its motion to dismiss, EMC represents to the Court that the foreclosure proceeded and the property has been sold. The motion includes an authenticated copy of the Substitute Trustee’s Deed executed at the foreclosure sale.

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