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First-Quarter 2013 Mortgage Litigation Index

Commercial Mortgage Litigation

First-Quarter 2013 Mortgage Litigation Index

Cases related to commercial mortgage lending.

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Filed Date of Activity Link to Story
Miller Homes of Hudson, LLC, Samuel E. Miller, Leo A. Draveling and Monica J. Draveling, Defendants-Appellants,
McCullough & Sons, Inc. and Countrywide Bank, FSB
Associated Bank Court of Appeals of Wisconsin, District III na Judgment in favor of plaintiff reversed in part on appeal. Associated Bank, Plaintiff-Respondent,
v.
Miller Homes of Hudson, LLC, Samuel E. Miller, Leo A. Draveling and Monica J. Draveling, Defendants-Appellants,
McCullough & Sons, Inc. and Countrywide Bank, FSB, Defendants
APPEAL NO. 2012AP1976-FT na 1/29/2013 www.mortgagedaily.com/CommercialLawsuits1q2013.asp
The Bank of Commerce, Duane L. Yost, Lori Yost, Duane L. Yost as Trustee of the Duane L. Yost Trust Darryl Harris, Christine Harris Supreme Court of Idaho na District court’s judgment in favor of plaintiff affirmed. Darryl Harris and Christine Harris, husband and wife, Plaintiffs-Appellants, v. The Bank of Commerce, an Idaho corporation, Defendant-Respondent, and Duane L. Yost and Lori Yost, husband and wife; Duane L. Yost as Trustee of the Duane L. Yost Trust, Defendants Docket No. 39204-2011, 2013 Opinion No. 36 na 3/29/2013 www.mortgagedaily.com/CommercialLawsuits1q2013.asp
Danny Lahave Bank Of America, N.A. Court of Appeals of California, Second District, Division One $377,439 Trial court decision in favor of plaintiff reversed on appeal. Bank Of America, N.A. v. Danny Lahave et al B237360 na 3/26/2013 www.mortgagedaily.com/LitigationFees042513.asp
Home Federal Sav. Bank MICHAEL TRETTIN, MAREN TRETTIN, BRYCE J. CHRISTENSEN, KRISTA A. POLKING-CHRISTENSEN, WELLS FARGO BANK, N.A., VERIDIAN CREDIT UNION Court of Appeals of Iowa $1,411,286 Judgment in favor of defendants reversed and remanded. HOME FEDERAL SAVINGS BANK, Plaintiff-Appellant, v. MICHAEL TRETTIN, MAREN TRETTIN, BRYCE J. CHRISTENSEN, KRISTA A. POLKING-CHRISTENSEN, WELLS FARGO BANK, N.A. and VERIDIAN CREDIT UNION, Defendants-Appellees 828 N.W.2d 325 (2013), No. 2-767/11-1917 na 1/9/2013 www.mortgagedaily.com/CommercialLawsuits1q2013.asp
Buncombe Professional Park LLC, David DeCarlis Independence National Bank Court of Appeals of South Carolina $1,650,000 Decision in favor of plaintiff reversed on appeal. Independence National Bank, Respondent, v. Buncombe Professional Park, LLC, and David DeCarlis, s/a David D. DeCarlis, Appellants Opinion No. 5090 na 2/20/2013 www.mortgagedaily.com/CommercialLawsuits1q2013.asp
Citizens National Bank Rick Williams, Sr. Court of Appeals of Kentucky, Bath Circuit Court na Appeals court affirmed trial court’s summary judgment in favor of plaintiff. Citizens National Bank, Appellant, v. Rick Williams, Sr., Appellee. 2011-CA-001170-MR na 3/29/2013 www.mortgagedaily.com/CommercialLawsuits1q2013.asp
Ray WM. Palmter First National Bank of Layton Court of Appeals of Utah $975,000 Reversed trial court’s summary judgment in favor of plaintiff. First National Bank of Layton, Plaintiff and Appellee,
v.
Ray WM. Palmter, Defendant and Appellant
20110338-CA July 2009 2/28/2013 www.mortgagedaily.com/CommercialLawsuits1q2013.asp
na Integrated Financial Services U.S. Bankruptcy Court for the District of Nevada na Order on mortion to quash filed. In re Integrated Financial Services BK-S-11-13537-LBR 3/14/2011 2/13/2013 www.mortgagedaily.com/LitigationBkCorp021813.asp

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