Affirmed District Court judgment dismissing Plaintiff/former debtor's contract and tort claims against creditors that foreclosed on former debtor's condo, and granting partial summary judgment on...
Sixth Circuit held that, under the Ohio UFTA, payments subject to a valid lien cannot be subject to being recovered from a transferee. The Court also held that a lender that is aware of the...
In a lengthy opinion, Sixth Circuit affirmed a district court's determination that a bank was liable as a transferee of direct and indirect loan payments it received after its good faith defense...
Judge(s):
Moore, Rogers and Sentelle (D.C Circuit-sitting by designation)
File Name: 16a0524n.06; case No. 15-3524 (Sept. 9, 2016)
Ruling:
The Sixth Circuit granted the mortgagee's motion dismiss the appeal as moot. The mortgagor's appeal of a foreclosure judgment (after the property was sold by a special master) was moot as the...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
9 years 6 months ago
Citation:
2016 WL 4437606 (6th Cir. 2016)
Ruling:
District Court erred in dismissing Trustee's Complaint to recover alleged fraudulent transfers and civil conspiracy charges. Case remanded for further proceedings.
Judge(s):
Moore, Gibbons and Davis (Senior Circuit Judge from Fourth Circuit Court of Appeals)
After the district court dismissed a lender-liability action by a former Borrower against the Bank, the Court of Appeals affirmed the dismissal based on res judicata because during the time that...
District Court's summary judgment in favor of Huntington National Bank ("HNB") and its wholly owned subsidiary Fourteen Corp. ("14") was reversed and remanded on the grounds that there were...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
10 years 9 months ago
Citation:
Case No. 14-3837 (6th Cir. 2015)
Ruling:
Borrower precluded from contesting foreclosure based on estoppel or misrepresentation based on lender's alleged statements that borrower did not need to defend foreclosure or that lender would...
Rogers v. Bank of America, N.A., et al., No. 14-2841 (8th Cir. June 1, 2015)
Ruling:
The 8th Circuit affirmed the ruling of the district court (D. Minn.) granting defendants' motion to dismiss. The 8th Circuit agreed that plaintiff lacked standing to seek declaratory judgment that...