2009 Case Successes Archive

Koczur v. LaSalle Bank, N.A. 2009 WL 8414147 Coos County Superior Court (NH 2009) (In their count of equitable estoppel, the plaintiffs alleged that the mortgagee’s alleged assurances regarding loan modification induced the plaintiffs to forego other options, such as bankruptcy or refinancing. The court found that the plaintiffs failed to establish that they had such options available to them and were only speculating that, but for the alleged assurances of loss mitigation review, they would have chosen otherwise. The Court also held that the plaintiff’s claim of breach of covenant of good faith and fair dealing under the mortgage contract failed because the mortgagee “had no contractual obligation to renegotiate the terms of the … mortgage”) (Attorney Kristin Grant)

In re Plourde, 402 B.R. 488 (Bkrtcy.D.N.H.,2009) (debtors who proposed to modify nonresidential mortgage lender’s claim by changing their monthly payments of principal and interest must pay entire portion of lender’s secured claim in full over life of plan) (Attorney Rian Vernon)

In re Medaglia, 402 B.R. 530 (D. R.I., 2009) (The Court adopted the ‘gavel rule’ and determined that the Debtor’s right to cure a loan default on the Debtor’s principal residence terminates under Section 1322(c)(1) when the property is sold at a foreclosure sale that is conducted in accordance with applicable nonbankruptcy law. The Court rejected the Debtor’s argument that the foreclosure sale was not complete until the foreclosure deed is recorded and delivered) (Attorney Elizabeth Lonardo)

RHODE ISLAND APPELLATE COURT VICTORIES

(Rhode Island Supreme Court)

RHODE ISLAND TRIAL COURT VICTORIES

(Federal District Court, Bankruptcy Court, Superior Court)