SETTLEMENT CHALLENGE: Adversary proceeding against Debtors’ banks alleging involvement in check-kiting scheme barred by settlement and general release 6 years earlier… proceeding dismissed with prejudice based on collateral estoppel after allowing Trustee to amend complaint to address defects requiring dismissal of prior complaint… Holt. [Read more…]
Settlement challenge, banks’ check-kiting scheme
SETTLEMENT CHALLENGE: Adversary proceeding against 2 of Ch. 11 Debtors’ banks alleging involvement in check-kiting scheme barred by settlement and general release 5 years earlier… passive nondisclosure not grounds to invalidate release… adversary proceeding dismissed for failure to state claim but Trustee granted limited leave to amend… Holt. [Read more…]
Citizen zoning, Part 1 SZD protest veto unconstitutional
CITIZEN ZONING: Part 1 Special Zoning District protest provision allowing veto by owners of majority of property unconstitutional, similar to Part 2 in Williams… Moses. [Read more…]
Wrongful detainer, defenses/counter-claims time-barred
WRONGFUL DETAINER: Foreclosed homeowners’ affirmative defense to wrongful detainer claim and 3rd-party claims against bank and loan servicer barred by res judicata by Federal Court statute of limitations judgments on challenge to foreclosure as claims could have been pled in federal case… Halligan affirmed (memorandum). [Read more…]
Class action, City utilities “franchise fees,”
CLASS ACTION properly certified in challenge of City “franchise fees” for water, wastewater, sold waste disposal… Pinski affirmed. [Read more…]
Foreclosure, post-foreclosure claims, res judicata
FORECLOSURE: Post-foreclosure claims of whether bank had right to possession through an enforceable security interest barred by res judicata by pre-foreclosure federal ruling that claims are time-barred under Montana law regardless of not reaching merits… Debtors’ 3rd-party complaint against bank in eviction action by foreclosure purchaser dismissed in judgment on pleadings… Halligan. [Read more…]
Release, oil/gas entity, $100,000 v. $2 million
RELEASE of interest in oil/gas entity to attorney/cpa in need of funds for $100,000 in hand as opposed to uncertain $2 million in future not unconscionable. . . Molloy affirmed (unpublished). [Read more…]
Foreclosure, loan modification denial
FORECLOSURE: Husband’s claims based on loan modification refusals rejected… Menahan. [Read more…]
Note/deed challenge, Bankruptcy Court preemption
NOTE/DEED/BANKRUPTCY: Chain of title claims precluded by Bankruptcy Court jurisdiction… Souza. [Read more…]
Foreclosure, challenge of banks’ interest
FORECLOSURE: Homeowners have standing to challenge foreclosure because they were original grantors of beneficial interest created by MSTFA, but claim for declaration that banks hold no beneficial interest in the property and have no right to act as servicer of their loan or foreclose on it barred under 3-year statute for conversion of instrument (the Note)… Christensen. [Read more…]