Court of Appeals Holds that Condo Owner Received Adequate Notice of Foreclosure

On May 24, 2012, the District of Columbia Court of Appeals decided Harris v. Northbrook Condominium II, No. 10-CV-189, slip op. (D.C. May 24, 2012) in which it considered a case arising from a foreclosure on a condominium owned by the plaintiff-appellant. Following the foreclosure, the plaintiff filed suit against various entities alleging, inter alia, that he did not receive adequate notice of the foreclosure. The Superior Court granted judgment to the defendants based upon its factual findings regarding the adequacy of the notice. The plaintiff appealed. The sole issues on appeal were whether the notice complied with the requirements of the due process clause of the United States Constitution and whether the notice complied with the District of Columbia Condominium Act. The Court of Appeals held that there was no due process violation because the due process clause limits only state action and there was no state action in this case as it involved only private parties. It further concluded that the Superior Court’s factual findings regarding the adequacy of the notice were supported by the record and not clearly erroneous and that, based on those findings, the notice complied with the requirements of the Condominium Act and probably due process as well.