Brady, et al. v. Citizens Union Savings Bank, et al. (Lawyers Weekly No. 11-152-15)
Trustees entitled to recover reasonable defense costs from trust despite insurance coverage, but trial judge's fee award requires detailed justification on remand.
Bank
Ciampa v. Bank of America, et al. (Lawyers Weekly No. 11-109-15)
IRA beneficiary designation naming nonexistent person constitutes scrivener's error. Daughter failed to prove she was intended beneficiary. Contested share reverts to estate.
Murphy v. Wachovia Bank of Delaware, N.A., et al. (Lawyers Weekly No. 11-108-15)
Junior mortgagee must disburse foreclosure surplus to mortgagor, not senior mortgagee. Senior lien remains attached to property after junior foreclosure.
Wells Fargo Bank, N.A. v. Cook, et al. (Lawyers Weekly No. 11-051-15)
Face-to-face meeting requirement in FHA-insured mortgage is condition precedent to foreclosure; material facts remain about meeting's compliance.
Deutsche Bank National Trust Company v. Fitchburg Capital, LLC, et al. (Lawyers Weekly No. 10-062-15)
Mortgage with stated maturity date of underlying note becomes unenforceable five years after debt maturity under obsolete mortgage statute; retroactive application constitutional.
Haskins v. Deutsche Bank National Trust Company, et al. (Lawyers Weekly No. 11-146-14)
Mortgage servicer's cure notice identifying itself as mortgagee satisfied statutory requirements despite separate record title holders.
Bank of America, N.A., et al. v. Babcock, et al. (Lawyers Weekly No. 10-176-14)
Trustees sought declaratory judgment that trust document expressed settlor's tax intent or reformation to clarify meaning. Court dismissed where no mistake, uncertainty, or actual tax authority dispute existed.
Golrick v. U.S. Bank, N.A. (Lawyers Weekly No. 10-126-14)
Court affirmed denial of petition challenging disqualification of opposing counsel, finding adequate alternative remedy exists through normal appeal.
The Bank of New York Mellon Corp. v. Wain, et al. (Lawyers Weekly No. 11-072-14)
Bank affirmed in quiet title action after foreclosure. Mortgagor cannot challenge valid assignment or prove notice-to-cure violation caused unfairness.
U.S. Bank National Association v. Schumacher (Lawyers Weekly No. 10-041-14)
Statutory right to cure mortgage default is preforeclosure protection, not part of foreclosure power of sale itself; violations must be challenged in equity action, not summary process.