Articles Posted in U.S. 8th Circuit Court of Appeals

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Farm Credit had a security interest in corn delivered to Cargill and filed suit against Cargill in replevin for the corn. The district court concluded that Farm Credit's security interest under the Food Security Act (FSA) of 1985, 7 U.S.C. 1631(e), entitled it to proceeds from the corn delivered to Cargill. The court concluded that Cargill did not dispute that Farm Credit complied with the FSA. To the extent that the U.C.C. governs priority disputes as a foundation for the FSA, Cargill's argument failed because U.C.C. 9-404 does not apply in this case. Accordingly, the court affirmed the district court's grant of summary judgment in favor of Farm Credit. View "Farm Credit Serv. v. Cargill, Inc." on Justia Law

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After debtors filed for Chapter 7 bankruptcy protection, GMAC filed this adversary proceeding claiming that it was entitled to a first-priority lien on a home and surrounding twenty-two acres of land by operation of the Arkansas doctrine of equitable subrogation, or to reformation correcting the mutual mistake in its mortgage. The court concluded that, at the time Summit and Southern State made their new loans, knowledge that GMAC made a mistake by describing the wrong property on its earlier mortgage was not knowledge that GMAC had or even claimed to have a superior unrecorded interest, because GMAC had for many months made no attempt to correct the known error, or to reform its mortgage; the principle of Killam v. Tex. Oil & Gas Corp. did not apply to mortgage priority disputes; and the blame for the uncertainty regarding GMAC's lien position lies with GMAC. Had GMAC taken timely action, it would have held the senior recorded lien. Accordingly, the court affirmed the district court's denial of relief for GMAC. View "Owcen Loan Servicing, LLC v. Summit Bank, et al." on Justia Law

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Plaintiff filed suit against Wells Fargo and Freddie Mac, asserting several deficiencies with the foreclosure of his home and seeking to quiet title to the property in himself. The district court granted defendants' motion for summary judgment. The court found that Wells Fargo was holder of the note and, thus, was entitled to appoint a successor trustee to the deed of trust; the court rejected plaintiff's argument that Missouri law required Wells Fargo to produce the original note at the time of the foreclosure proceeding; and plaintiff failed to provide clear and satisfactory evidence that the foreclosure sale was conducted improperly, more particularly that the statutory notice requirements were not met. Having determined that plaintiff's wrongful foreclosure action failed, plaintiff cannot show that he has superior title to the property, and therefore, could not succeed on his quiet title action. Accordingly, the court affirmed the district court's grant of summary judgment. View "Lackey, Jr. v. Wells Fargo Bank, N.A., et al." on Justia Law

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Plaintiffs filed suit against the Bank seeking to void a mortgage foreclosure sale of their home. Plaintiffs alleged that the Bank represented orally that it would postpone the foreclosure sale, but then proceeded to foreclose anyway. The court concluded that plaintiffs' claim of negligent misrepresentation was barred by the Minnesota Credit Agreement Status, Minn. Stat. 513.33, where any party asserting the existence of a credit agreement must comply with the writing and signature requirements of section 513.33. The court concluded that the complaint alleged a claim of promissory estoppel, rather than equitable estoppel, and was barred by the Minnesota Credit Agreement Statute. Accordingly, the court affirmed the district court's grant of the Bank's motion to dismiss. View "Bracewell, et al. v. U.S. Bank Nat'l Assoc." on Justia Law

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Defendants appealed the district court's order granting Bank of America's motion for summary judgment on their counterclaims for rescission and statutory damages under the Truth in Lending Act (TILA), 15 U.S.C. 1601 et seq. The court concluded that the district court did not err in determining that defendants' right to rescission had expired and that their rescission claim was time-barred under section 1635 because defendants notified Bank of America of their intent to rescind but failed to file a lawsuit within the three-year period. The court concluded, however, that defendants have offered evidence that Bank of America failed to deliver the TILA disclosures and notices. Therefore, there was a genuine issue of material fact regarding the failure to deliver the required documents. Accordingly, the court affirmed the grant of summary judgment to Bank of America on defendants' counterclaim for rescission; vacated the grant of summary judgment to Bank of America on defendants' counterclaim for statutory damages; and remanded for further proceedings. View "Bank of America v. Peterson, et al." on Justia Law

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Plaintiffs filed suit against Countrywide, alleging violation of the Missouri Second Mortgage Loan Act (MSMLA), 516.231 to 408.241 RSMo. On appeal, plaintiffs challenged the district court's dismissal of their claims as barred by the three-year statute of limitations of section 516.130(2). The court concluded that the MSMLA was subject to the three-year limitations period of section 516.130(2), not the six-year statute of limitations under section 516.420, pursuant to Rashaw v. United Consumers Credit Union. The court also concluded, under Missouri law, that the "entire damage" to plaintiffs was capable of ascertainment "in a single action" and the "continuing or repeated wrong" exception did not apply in this case. Accordingly, the court affirmed the judgment of the district court. View "Washington, et al. v. Countrywide Home Loans, Inc." on Justia Law

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Plaintiff filed suit alleging that the mortgage trust that claimed to hold his mortgage was not validly assigned the mortgage, and therefore, his mortgage could not be foreclosed by the trust. The district court granted summary judgment in favor of the trustee, Wells Fargo. The court affirmed, concluding that the assignment to the mortgage trust was valid. Given the record, including the custodian's initial certification failing to list the promissory note as missing - which provided a strong inference that the note was not missing - and given the lack of any other reason to believe the note was or is missing, the court agreed with the district court that no reasonable jury could find that the original promissory note was not in the Trust's possession on the startup date of the Trust. View "Johnson, Jr. v. Wells Fargo Bank, N.A." on Justia Law

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Empire Bank appealed from the bankruptcy court's order and judgment declaring that Arvest Bank's judicial lien was superior to the liens asserted by Empire Bank and directing judgment in favor of debtors on their preferential transfer claim against Empire Bank. The panel concluded that Arvest Bank and debtors failed to meet their burden of proof and the bankruptcy court erred in holding that the Empire Bank deed of trust was invalid for a lack of consideration; the "unsecured" language in the guaranty documents was true when they were executed and the status of the guaranties as unsecured changed when the deed of trust was signed but that change in the status of the guaranties was not a latent ambiguity in the Empire Bank deed of trust; the bankruptcy court erred in holding that a latent ambiguity existed where the Empire Bank deed of trust was subject to more than one interpretation; and, after addressing remaining arguments, the panel reversed and remanded for further proceedings. View "Arvest Bank v. Empire Bank" on Justia Law

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The Bank appealed the district court's calculation of a deficiency judgment against Sunrise. Where, as here, the state's highest court has unambiguously articulated state law, the district court must apply it. Because the district court ignored clear, well-settled Missouri law, it erred in calculating the deficiency based on the property's fair market value rather than the foreclosure sale price. Accordingly, the court reversed and remanded for further proceedings. View "M&I Marshall & Ilsley Bank v. Sunrise Farms Dev., LLC, et al." on Justia Law

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Debtor appealed from the bankruptcy court's order denying sanctions against the Bank. Although the evidence suggested that the Bank could have been aware of debtor's personal bankruptcy filing, there was no evidence that the Bank had knowledge of the Assignment and the purported transfer of the LLC's assets to him. The replevin action filed by the Bank did not name debtor, individually, and sought only to repossess equipment owned by the LLC in which the Bank had a properly perfected security interest. Consequently, there could be no knowing or deliberate conduct attributed to the Bank in its conduct to enforce its lien against the collateral it believed was owned by the LLC. Absent a showing that the Bank was aware of the Assignment, a willful stay violation could not be found. Because a finding that there has been a willful violation of the automatic stay was a prerequisite to an award of sanctions, the court affirmed the bankruptcy court's denial of sanctions. View "Carter, Jr., et al. v. First National Bank of Crosset" on Justia Law