This document summarizes a court case between First American Title Insurance Company, Winnebago County Title Company, and TCF Bank regarding a mortgage on a property owned by Patricia Bartholomew. TCF Bank held the first mortgage on the property as a revolving line of credit. Winnebago acted as an agent in a second mortgage taken out by Bartholomew. Winnebago paid off the TCF Bank mortgage but TCF did not release its lien. Bartholomew then took out more funds through the revolving credit and defaulted. The court found that TCF Bank was not legally required to release the lien until the revolving credit was cancelled by Bartholomew. However
This document provides information about a UOP ACC 543 Week 4 Exam, including a link to purchase the exam materials and information about the exam topics, which include negotiable instruments, secured transactions, and documents of title under the Uniform Commercial Code. It provides sample exam questions and scenarios that assess understanding of key concepts from these commercial law topics.
This affidavit provides information in support of a motion for summary judgment. It describes the plaintiff's criminal conviction and sentence, his transfer to Dismas Charities halfway house, and the rules he agreed to follow. It states that the plaintiff drove himself to Dismas and had an unauthorized cell phone, violating the rules. As a result, his personal items were confiscated and he was returned to prison to complete his sentence.
This document is the defendants' closing argument in response to the plaintiffs' closing argument regarding trust documents presented in a real estate dispute. It argues that the plaintiffs' claims of fraudulent conduct by the defendant are unsupported and illogical. It asserts that the trust documents in question have no relevance to the legal issues being tried, which involve the interpretation of purchase and sale agreements for two properties. The defendant argues that the plaintiffs have presented no valid legal basis to rescind the agreements and that the evidence shows the plaintiffs were unable to complete the purchase for financial reasons.
This document is an appellant's opening brief for a case in the California Court of Appeal regarding a trust. Robert Quick (the appellant) alleges that Andrea Pearson (the respondent), as trustee, breached the trust by concealing its existence from him and failing to provide him distributions as a beneficiary. The brief argues that Quick sufficiently alleged facts to state a cause of action and overcome defenses of statute of limitations and laches. It maintains the trial court erred in sustaining Pearson's demurrer without leave to amend.
Doc723 motion to vacate claims & stay further proceedingmalp2009
The Chapter 11 Trustee filed a motion to vacate claims orders and stay further proceedings related to two claims filed against the bankruptcy estate. The claims, totaling $275,000 each, were based on promissory notes related to the debtor's purchase of a company called Premier. After the claims orders were entered allowing the claims in part, an indictment was filed describing how organized crime figures took control of the debtor and looted it for their personal benefit through fraudulent transactions like the one involving Premier. The indictment revealed that one of the claimants, Learned, was controlled by one of the crime figures and was used to defraud the debtor and launder money as part of the scheme.
Doc1037 robert oneil paul ballard_todd hickman_seeking approval_settlement & ...malp2009
This document is a Trustee's Motion to Approve Compromise and Settlement with Defendants Robert O'Neal, Paul Ballard and Todd Hickman in an Adversary proceeding. The Trustee is seeking the court's approval of a settlement agreement between the Trustee and the Defendants that would allow portions of the Defendants' claims against the Debtor's estate and resolve all claims between the parties. Key terms of the settlement include allowing 75% of O'Neal's claim, 60% of Ballard's claim, and 60% of Hickman's claim. The Trustee believes the settlement is in the best interest of the estate to avoid costly and uncertain litigation.
This document provides information about a UOP ACC 543 Week 4 Exam, including a link to purchase the exam materials and information about the exam topics, which include negotiable instruments, secured transactions, and documents of title under the Uniform Commercial Code. It provides sample exam questions and scenarios that assess understanding of key concepts from these commercial law topics.
This affidavit provides information in support of a motion for summary judgment. It describes the plaintiff's criminal conviction and sentence, his transfer to Dismas Charities halfway house, and the rules he agreed to follow. It states that the plaintiff drove himself to Dismas and had an unauthorized cell phone, violating the rules. As a result, his personal items were confiscated and he was returned to prison to complete his sentence.
This document is the defendants' closing argument in response to the plaintiffs' closing argument regarding trust documents presented in a real estate dispute. It argues that the plaintiffs' claims of fraudulent conduct by the defendant are unsupported and illogical. It asserts that the trust documents in question have no relevance to the legal issues being tried, which involve the interpretation of purchase and sale agreements for two properties. The defendant argues that the plaintiffs have presented no valid legal basis to rescind the agreements and that the evidence shows the plaintiffs were unable to complete the purchase for financial reasons.
This document is an appellant's opening brief for a case in the California Court of Appeal regarding a trust. Robert Quick (the appellant) alleges that Andrea Pearson (the respondent), as trustee, breached the trust by concealing its existence from him and failing to provide him distributions as a beneficiary. The brief argues that Quick sufficiently alleged facts to state a cause of action and overcome defenses of statute of limitations and laches. It maintains the trial court erred in sustaining Pearson's demurrer without leave to amend.
Doc723 motion to vacate claims & stay further proceedingmalp2009
The Chapter 11 Trustee filed a motion to vacate claims orders and stay further proceedings related to two claims filed against the bankruptcy estate. The claims, totaling $275,000 each, were based on promissory notes related to the debtor's purchase of a company called Premier. After the claims orders were entered allowing the claims in part, an indictment was filed describing how organized crime figures took control of the debtor and looted it for their personal benefit through fraudulent transactions like the one involving Premier. The indictment revealed that one of the claimants, Learned, was controlled by one of the crime figures and was used to defraud the debtor and launder money as part of the scheme.
Doc1037 robert oneil paul ballard_todd hickman_seeking approval_settlement & ...malp2009
This document is a Trustee's Motion to Approve Compromise and Settlement with Defendants Robert O'Neal, Paul Ballard and Todd Hickman in an Adversary proceeding. The Trustee is seeking the court's approval of a settlement agreement between the Trustee and the Defendants that would allow portions of the Defendants' claims against the Debtor's estate and resolve all claims between the parties. Key terms of the settlement include allowing 75% of O'Neal's claim, 60% of Ballard's claim, and 60% of Hickman's claim. The Trustee believes the settlement is in the best interest of the estate to avoid costly and uncertain litigation.
National union v. redbox order on msj august 7 2014 wd waSeth Row
This order addresses National Union Fire Insurance Company's motion for summary judgment regarding its duties to defend and indemnify Redbox Automated Retail in various lawsuits. The court grants in part and denies in part the motion. Specifically, the court finds that National Union has a duty to defend Redbox in the Cain lawsuit, which alleges violations of Michigan's video rental privacy law, but not in the Mehrens lawsuit, which alleges violations of California's credit card receipt law. The court also finds that while National Union may issue reservations of rights and set reasonable rate caps when defending insureds, it must do so reasonably and in good faith.
This presentation discusses settlements of workers\' compensation cases in Florida. The discussion includes federal law affecting personal injury cases, MSA\'s and CMS participation. General contract principles are also explored.
This document is an opinion and order from a United States District Court case between Siltronic Corporation and various insurance companies including Employers Insurance Company of Wausau regarding insurance coverage and payment of defense costs for environmental claims arising from contamination at the Portland Harbor Superfund site. The court considers Siltronic's motion for partial summary judgment that Wausau has a continuing duty to defend Siltronic under its 1978-79 insurance policy and must reimburse unpaid defense costs. The court provides background on the insurance policies and contamination issues before analyzing the relevant policy provisions and ruling on the motions.
This newsletter summarizes recent reinsurance case law developments. The first case discusses an 8th Circuit ruling that an endorsement incorporating a jurisdictional clause superseded an alternative dispute resolution clause. The second case discusses a New Jersey ruling staying litigation in favor of arbitration over an alleged breach involving an offset dispute. The third case discusses an Illinois ruling dismissing an assignee's request for pre-answer security and motion to compel arbitration against a sovereign-owned reinsurer.
Express working capital llc v Starving Students IncM P
Synopsis
Background: Buyer of corporation's future credit card receivables brought action against seller-corporation and its owner, alleging breach of contract, promissory estoppel, fraud, and fraudulent inducement. Defendants asserted usury defense and counterclaim. Parties cross-moved for summary judgment.
1) The defendants filed a response in opposition to the plaintiff's motion for summary judgment in a lawsuit brought by a former federal inmate against a residential reentry center and its employees.
2) The plaintiff violated conditions of his release from federal prison by driving a car and possessing a cell phone. As a result, he was sent back to federal prison to serve the remainder of his sentence.
3) The defendants argue that the plaintiff cannot maintain any causes of action against them because the federal Bureau of Prisons, not the defendants, made the decision to return the plaintiff to prison for his violations of rules. Therefore, the defendants should be granted summary judgment.
Blockchain Terminal summons and complaintMike Dudas
Larry Cermak, head of analysis at The Block, published an article containing false information about BCT Inc. and CG Blockchain, Inc. that caused them reputational and financial harm. The plaintiffs notified Cermak prior to publication that some information was incorrect and offered to meet and correct any false statements, but Cermak cancelled the meeting and published the article anyway without verification. The plaintiffs are suing Cermak for defamation and libel, seeking $40 million in damages for publishing false information that harmed their businesses and launch of a new product.
Bad Faith Insurance Law Overview, Oregon Alaska Idaho MontanaSeth Row
This document summarizes bad faith law in the Pacific Northwest states of Oregon, Alaska, Idaho, and Montana. It outlines the requirements to bring a bad faith claim in each state, such as needing a special relationship in Oregon or the claim not being fairly debatable in Idaho. The standard of care expected of insurers is also discussed for each state, for example, acting as an ordinarily prudent insurer would in Oregon. Potential remedies like damages, attorney fees, and estoppel are mentioned for the different states. Contact information is provided for the authors at the end.
This document summarizes key issues in removing bad faith litigation from state to federal court, including improper joinder and establishing the amount in controversy. It also discusses procedural issues like concurrent litigation, choice of law analyses, and enforcing or ignoring choice of law clauses in insurance contracts. The document is from a national forum on bad faith claims and litigation, and provides an overview of removal procedures and the tests used to determine improper joinder or the applicability of state versus federal law.
The document provides a historical overview and summary of fraudulent transfer law in Vermont. It begins with the origins of fraudulent transfer law in 16th century England and discusses how various states, including Vermont, adopted versions of the Statute of 13 Elizabeth. It then summarizes Vermont's adoption of the Uniform Fraudulent Transfer Act in 1996 and how the Act modernized fraudulent transfer standards. The summary concludes by outlining the key elements, parties, remedies, standards of proof, and statute of limitations in fraudulent transfer cases under Vermont law.
D'Agostino v Federal Ins Co , 969 F. Supp. 2d 116 (D. Mass. 2013)Richard Goren
1) The parties engaged in settlement negotiations but did not reach an enforceable agreement because while D'Agostino offered $1.15 million for a release, Federal responded with a release containing additional material terms like confidentiality requirements, which were not accepted.
2) The court denied Federal's motions to enforce the alleged settlement agreement and for protective orders, finding no agreement was formed.
3) The court also denied requests for sanctions from both parties, finding neither party's actions warranted sanctions.
Libor Lawsuit - In Re _ LIBOR Antitrust Litigation vs. Bank of America, JPMor...Umesh Heendeniya
This document discusses several lawsuits brought against banks for their alleged manipulation of the London Interbank Offered Rate (LIBOR) between August 2007 and May 2010. LIBOR is a benchmark interest rate compiled by the British Bankers' Association based on rates submitted by major banks and used globally in contracts, derivatives, and loans worth trillions of dollars. The lawsuits allege that the banks conspired to artificially suppress the LIBOR rate to portray themselves as financially healthier and pay lower interest rates on LIBOR-linked financial products. The document provides background on LIBOR and outlines the plaintiffs' allegations while noting factual disputes remain. It then evaluates the defendants' motions to dismiss aspects of the plaintiffs' antitrust, RICO, and
Decision by U.S. District Judge David N. Hurd on Force Majeure Case in New Yo...Marcellus Drilling News
A decision issued by Judge David Hurd in a case of landowners from Broome and Tioga Counties in New York State against Chesapeake Energy and Statoilhydro. Chesapeake is attempting to extend leases on property for gas drilling claiming that the moratorium in New York has stopped them from drilling. Landowners claim the leases were signed long before horizontal hydraulic fracturing of shale was done and that Chesapeake could have drilled, conventionally, any time they chose to.
Fall 2010 open memo assignment no doubt v. activision right of publicity cali...Lyn Goering
This document is a court order granting the plaintiff's application to remand a case back to state court from federal court. The plaintiff had filed a complaint against the defendant in state court for claims related to the use of the plaintiff's likeness in a video game. The defendant removed the case to federal court, arguing the claims were preempted by federal copyright law. The court analyzed the relevant legal standards for removal and copyright preemption. Applying a two-part test, the court determined the plaintiff's claims were not preempted as they involved misappropriation of the plaintiff's name and likeness beyond what was agreed to, rather than contesting the defendant's copyright. The court therefore granted the application to remand the case back to
1) The document discusses emerging social business strategies in 2010 and what works and why.
2) It examines major shifts like who creates value, how much control businesses have, and increased transparency, as well as forces like network effects and peer production.
3) The document outlines challenges of social business like cultural challenges, disruption, cost and risk, and evaluates strategies in terms of challenges, repeatability, and strategic value.
Maurice Groulx has over 20 years of experience leading operations and managing complex projects for automotive suppliers. He specializes in consulting, auditing companies' operations, and providing recommendations to improve processes, meet quality standards, increase efficiency, and achieve goals. Some of his contributions include helping clients reduce costs by $100 million, achieve supplier of the year awards, improve on-time delivery and quality, and obtain certifications. He is bilingual in English and French.
Rajesh Garg is applying for the position of Commercial Manager. He has over 27 years of experience in procurement, contracts, and supply chain management in the metals and power industries. Most recently, he worked as the Commercial Technical Team Manager for the implementation of SAP SRM at Hindustan Zinc Ltd. He brings strong skills in procurement, contracts, cost optimization, and SAP software. He is looking to leverage his experience in commercial roles to deliver exceptional results to a new organization.
Social Business By Design by David Armano - Social Fresh Charlotte 8-24-09Social Fresh Conference
The document discusses the challenges and opportunities of social business. It notes that while companies are embracing social media, truly integrating it across business functions is difficult. Measurement of social media efforts is also a challenge. For social business to succeed, companies need open cultures that invite participation and share services to coordinate efforts across departments.
The document provides information about dolphins, stating that their color can be pink, light gray or brown. It notes that dolphins typically size from 3-4 meters and can weigh about 500 kilos. Dolphins are carnivores that live in large rivers like the Amazon, eating fish, crustaceans, and mollusks. The document concludes by hoping the reader found the dolphin information interesting.
Farhad Garshasbi is an engineer with over 10 years of experience in automotive interior components production and quality control. He has a Bachelor's degree in Mechanical Engineering and certifications in Six Sigma Green Belt, financial analysis, water jet robot programming, and quality control methods. His experience includes roles in quality control, continuous improvement, product engineering, and automation projects. He is proficient in several computer systems and has strong analytical, communication, and project management skills.
National union v. redbox order on msj august 7 2014 wd waSeth Row
This order addresses National Union Fire Insurance Company's motion for summary judgment regarding its duties to defend and indemnify Redbox Automated Retail in various lawsuits. The court grants in part and denies in part the motion. Specifically, the court finds that National Union has a duty to defend Redbox in the Cain lawsuit, which alleges violations of Michigan's video rental privacy law, but not in the Mehrens lawsuit, which alleges violations of California's credit card receipt law. The court also finds that while National Union may issue reservations of rights and set reasonable rate caps when defending insureds, it must do so reasonably and in good faith.
This presentation discusses settlements of workers\' compensation cases in Florida. The discussion includes federal law affecting personal injury cases, MSA\'s and CMS participation. General contract principles are also explored.
This document is an opinion and order from a United States District Court case between Siltronic Corporation and various insurance companies including Employers Insurance Company of Wausau regarding insurance coverage and payment of defense costs for environmental claims arising from contamination at the Portland Harbor Superfund site. The court considers Siltronic's motion for partial summary judgment that Wausau has a continuing duty to defend Siltronic under its 1978-79 insurance policy and must reimburse unpaid defense costs. The court provides background on the insurance policies and contamination issues before analyzing the relevant policy provisions and ruling on the motions.
This newsletter summarizes recent reinsurance case law developments. The first case discusses an 8th Circuit ruling that an endorsement incorporating a jurisdictional clause superseded an alternative dispute resolution clause. The second case discusses a New Jersey ruling staying litigation in favor of arbitration over an alleged breach involving an offset dispute. The third case discusses an Illinois ruling dismissing an assignee's request for pre-answer security and motion to compel arbitration against a sovereign-owned reinsurer.
Express working capital llc v Starving Students IncM P
Synopsis
Background: Buyer of corporation's future credit card receivables brought action against seller-corporation and its owner, alleging breach of contract, promissory estoppel, fraud, and fraudulent inducement. Defendants asserted usury defense and counterclaim. Parties cross-moved for summary judgment.
1) The defendants filed a response in opposition to the plaintiff's motion for summary judgment in a lawsuit brought by a former federal inmate against a residential reentry center and its employees.
2) The plaintiff violated conditions of his release from federal prison by driving a car and possessing a cell phone. As a result, he was sent back to federal prison to serve the remainder of his sentence.
3) The defendants argue that the plaintiff cannot maintain any causes of action against them because the federal Bureau of Prisons, not the defendants, made the decision to return the plaintiff to prison for his violations of rules. Therefore, the defendants should be granted summary judgment.
Blockchain Terminal summons and complaintMike Dudas
Larry Cermak, head of analysis at The Block, published an article containing false information about BCT Inc. and CG Blockchain, Inc. that caused them reputational and financial harm. The plaintiffs notified Cermak prior to publication that some information was incorrect and offered to meet and correct any false statements, but Cermak cancelled the meeting and published the article anyway without verification. The plaintiffs are suing Cermak for defamation and libel, seeking $40 million in damages for publishing false information that harmed their businesses and launch of a new product.
Bad Faith Insurance Law Overview, Oregon Alaska Idaho MontanaSeth Row
This document summarizes bad faith law in the Pacific Northwest states of Oregon, Alaska, Idaho, and Montana. It outlines the requirements to bring a bad faith claim in each state, such as needing a special relationship in Oregon or the claim not being fairly debatable in Idaho. The standard of care expected of insurers is also discussed for each state, for example, acting as an ordinarily prudent insurer would in Oregon. Potential remedies like damages, attorney fees, and estoppel are mentioned for the different states. Contact information is provided for the authors at the end.
This document summarizes key issues in removing bad faith litigation from state to federal court, including improper joinder and establishing the amount in controversy. It also discusses procedural issues like concurrent litigation, choice of law analyses, and enforcing or ignoring choice of law clauses in insurance contracts. The document is from a national forum on bad faith claims and litigation, and provides an overview of removal procedures and the tests used to determine improper joinder or the applicability of state versus federal law.
The document provides a historical overview and summary of fraudulent transfer law in Vermont. It begins with the origins of fraudulent transfer law in 16th century England and discusses how various states, including Vermont, adopted versions of the Statute of 13 Elizabeth. It then summarizes Vermont's adoption of the Uniform Fraudulent Transfer Act in 1996 and how the Act modernized fraudulent transfer standards. The summary concludes by outlining the key elements, parties, remedies, standards of proof, and statute of limitations in fraudulent transfer cases under Vermont law.
D'Agostino v Federal Ins Co , 969 F. Supp. 2d 116 (D. Mass. 2013)Richard Goren
1) The parties engaged in settlement negotiations but did not reach an enforceable agreement because while D'Agostino offered $1.15 million for a release, Federal responded with a release containing additional material terms like confidentiality requirements, which were not accepted.
2) The court denied Federal's motions to enforce the alleged settlement agreement and for protective orders, finding no agreement was formed.
3) The court also denied requests for sanctions from both parties, finding neither party's actions warranted sanctions.
Libor Lawsuit - In Re _ LIBOR Antitrust Litigation vs. Bank of America, JPMor...Umesh Heendeniya
This document discusses several lawsuits brought against banks for their alleged manipulation of the London Interbank Offered Rate (LIBOR) between August 2007 and May 2010. LIBOR is a benchmark interest rate compiled by the British Bankers' Association based on rates submitted by major banks and used globally in contracts, derivatives, and loans worth trillions of dollars. The lawsuits allege that the banks conspired to artificially suppress the LIBOR rate to portray themselves as financially healthier and pay lower interest rates on LIBOR-linked financial products. The document provides background on LIBOR and outlines the plaintiffs' allegations while noting factual disputes remain. It then evaluates the defendants' motions to dismiss aspects of the plaintiffs' antitrust, RICO, and
Decision by U.S. District Judge David N. Hurd on Force Majeure Case in New Yo...Marcellus Drilling News
A decision issued by Judge David Hurd in a case of landowners from Broome and Tioga Counties in New York State against Chesapeake Energy and Statoilhydro. Chesapeake is attempting to extend leases on property for gas drilling claiming that the moratorium in New York has stopped them from drilling. Landowners claim the leases were signed long before horizontal hydraulic fracturing of shale was done and that Chesapeake could have drilled, conventionally, any time they chose to.
Fall 2010 open memo assignment no doubt v. activision right of publicity cali...Lyn Goering
This document is a court order granting the plaintiff's application to remand a case back to state court from federal court. The plaintiff had filed a complaint against the defendant in state court for claims related to the use of the plaintiff's likeness in a video game. The defendant removed the case to federal court, arguing the claims were preempted by federal copyright law. The court analyzed the relevant legal standards for removal and copyright preemption. Applying a two-part test, the court determined the plaintiff's claims were not preempted as they involved misappropriation of the plaintiff's name and likeness beyond what was agreed to, rather than contesting the defendant's copyright. The court therefore granted the application to remand the case back to
1) The document discusses emerging social business strategies in 2010 and what works and why.
2) It examines major shifts like who creates value, how much control businesses have, and increased transparency, as well as forces like network effects and peer production.
3) The document outlines challenges of social business like cultural challenges, disruption, cost and risk, and evaluates strategies in terms of challenges, repeatability, and strategic value.
Maurice Groulx has over 20 years of experience leading operations and managing complex projects for automotive suppliers. He specializes in consulting, auditing companies' operations, and providing recommendations to improve processes, meet quality standards, increase efficiency, and achieve goals. Some of his contributions include helping clients reduce costs by $100 million, achieve supplier of the year awards, improve on-time delivery and quality, and obtain certifications. He is bilingual in English and French.
Rajesh Garg is applying for the position of Commercial Manager. He has over 27 years of experience in procurement, contracts, and supply chain management in the metals and power industries. Most recently, he worked as the Commercial Technical Team Manager for the implementation of SAP SRM at Hindustan Zinc Ltd. He brings strong skills in procurement, contracts, cost optimization, and SAP software. He is looking to leverage his experience in commercial roles to deliver exceptional results to a new organization.
Social Business By Design by David Armano - Social Fresh Charlotte 8-24-09Social Fresh Conference
The document discusses the challenges and opportunities of social business. It notes that while companies are embracing social media, truly integrating it across business functions is difficult. Measurement of social media efforts is also a challenge. For social business to succeed, companies need open cultures that invite participation and share services to coordinate efforts across departments.
The document provides information about dolphins, stating that their color can be pink, light gray or brown. It notes that dolphins typically size from 3-4 meters and can weigh about 500 kilos. Dolphins are carnivores that live in large rivers like the Amazon, eating fish, crustaceans, and mollusks. The document concludes by hoping the reader found the dolphin information interesting.
Farhad Garshasbi is an engineer with over 10 years of experience in automotive interior components production and quality control. He has a Bachelor's degree in Mechanical Engineering and certifications in Six Sigma Green Belt, financial analysis, water jet robot programming, and quality control methods. His experience includes roles in quality control, continuous improvement, product engineering, and automation projects. He is proficient in several computer systems and has strong analytical, communication, and project management skills.
The document discusses how the divorce rate among middle-aged and older adults in the U.S. doubled between 1990 and 2010 based on an analysis of 1990 vital statistics data and 2010 census data. It finds that roughly 1 in 4 divorces in 2010 occurred among those ages 50 and older. The study also examines sociodemographic factors associated with divorce risk in 2010, finding higher rates for those in remarriages versus first marriages, and lower rates as marital duration increased.
The document repeats the phrase "This is not a buun-buun" multiple times before stating "This is a buun-buun" and "This is also a buun-buun", implying that buun-buun is what the initial statements were denying, and it concludes by asking "What is buun-buun?".
This document provides information about codes and conventions in music videos. It discusses technical codes like camera angles, sound, lighting and editing. Symbolic codes convey meaning through expressions, gestures and mise-en-scene. Common elements that make up codes and conventions are discussed, including mise-en-scene, choreography, narrative, editing style, content, camerawork, lighting and representation. Conventions help audiences identify genres and provide structure for directors. Students will research a music video genre, outline its codes, conventions, history and key artists, and analyze a sample music video based on elements like mise-en-scene and representation.
O documento discute os desafios do e-commerce no Brasil e estratégias de marketing digital. Apresenta dados sobre o crescimento e desempenho do setor, além de abordar temas como integração de canais, mix de mídia, análise de custos e estágios de desenvolvimento de sites de comércio eletrônico.
Ruz Chishty : Scaling up - Going Global - TSD17StartUps.be
Scaling a business is not a linear process dependent only on costs and revenue. It is influenced by non-linear factors like location, market dynamics, trends, and timing on both the micro and macro levels. To scale successfully, a business must bring together strategic decisions about these non-linear elements like where and when to expand rather than relying only on a linear cost-revenue analysis.
Katrien Dewijngaert: Scaling up - Going Global - TSD17StartUps.be
Start it @kbc is the largest startup accelerator in Belgium. It has accelerated over 480 startups since 2013 across 6 locations in Belgium. It provides startups with mentoring, coaching, and access to customers and funding. Start it @kbc has experienced rapid growth, doubling the number of startups accelerated each year. It aims to continue expanding its locations both within Belgium and potentially to other European countries.
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This document discusses several issues that arise in mortgage foreclosure cases when the original promissory note has been sold and transferred multiple times during the securitization process.
It notes that a high percentage of notes have been "lost or destroyed" during securitization. While UCC §3-309 provides a process for enforcing lost notes, the foreclosing party must prove they are the holder of the note. However, in many cases the chain of assignments is broken and it is impossible to prove who the real holder is.
The document examines issues of standing, pleading requirements that the real party in interest be named, and evidentiary problems when witnesses cannot directly testify to facts of the default but only what is stated in computer
This document is a letter from Plaintiffs' counsel opposing a motion to dismiss from Defendant Unigestion Holding. The letter argues that the complaint provides sufficient details about Unigestion's involvement in an alleged conspiracy to illegally impose fees on phone calls and money transfers to Haiti in violation of antitrust laws. The letter cites evidence from a New York Times article and videos showing an agreement was made between Unigestion and other defendants to fix prices. The letter also argues the complaint meets pleading standards and that dismissal would be improper at this stage.
1) Plaintiff Global Merchant filed a complaint and application for pre-arbitral attachment and stay of proceedings pending arbitration against Defendant Agri Feed for breach of contract and fraud related to the sale and delivery of hay.
2) The contract between the parties contained an arbitration clause requiring the use of CIETAC for dispute resolution. It is alleged that Defendant Agri Feed forged laboratory test results to receive payment under the letter of credit for substandard hay.
3) Plaintiff argues that California law allows for pre-arbitral attachment to prevent assets from being hidden or dissipated during arbitration proceedings. The remaining issue is whether CIETAC rules providing temporary relief would supersede California law.
This document is a stipulation and order modifying a previous judgment in a divorce case between Gary W. XXXXXX and Barbara K. XXXXXX. It stipulates that (1) Barbara will receive $84,659 from Gary's 401(k) plan, ownership of their Florida condo, funds from rental and personal bank accounts, and levies against Gary's accounts; (2) these transfers settle all child and spousal support claims; (3) the 401(k) transfer is non-taxable; (4) Gary's additional child and spousal support obligations are deemed satisfied; and (5) enforcement actions against Gary will be terminated upon execution of this order.
1) AMEX is not liable for damages because no contractual obligation existed between it and the credit card holder until AMEX approved the purchase request. Using a credit card to pay is merely an offer to enter a loan agreement, which only becomes binding once approved.
2) The case involved a large diamond purchase by a credit card holder on a European tour. It took AMEX 78 minutes to approve the purchase, causing the tour group to miss their departure time and become irritated.
3) The court distinguished the membership agreement providing credit from the actual loan agreement, which only arises after purchase approval. No breach of contract occurred as no binding loan agreement existed until after approval.
Miles v. deutsche bank national trust company | find lawJustin Gluesing
This document summarizes a court case involving allegations of wrongful foreclosure. It discusses the plaintiff's claims that the loan servicer engaged in fraudulent behavior during loan modification negotiations, including changing the terms of agreements and demanding unnecessary fees. The court found that the plaintiff had adequately stated claims for breach of contract, fraud, and misrepresentation. It reversed the lower court's dismissal of these claims and the granting of summary judgment on the wrongful foreclosure claim, finding factual disputes remained. The court concluded the plaintiff may be entitled to damages beyond just the lost property value if the foreclosure was wrongful.
AMENDED MOTION TO STRIKE OPPOSITION TO PETITION FOR WRIT OF CERTIORARIFinni Rice
This document is an amended motion to strike an opposition brief filed in the Supreme Court of the United States. The petitioner, Kimberly Cox, argues that the opposition brief should be stricken for several reasons, including that the entities filing the opposition, NewRez LLC and The Bank of New York Mellon, lack standing because they were not named as respondents in the petition and were not involved in the underlying legal proceedings. Cox also argues that the corporate disclosure filed with the opposition is incomplete and misleading. The motion provides detailed arguments supporting Cox's position that the opposition brief should be stricken from the record.
FORECLOSURE Response to JP Morgan Chase Foreclosurelauren tratar
WAKE UP AMERICA! Banks are STEALING HOUSES they do not own nor did they pay a dime for! Mortgages were PRE-SOLD to Investors of Mortgage-Backed Securities. A bank CANNOT foreclose if it has NOTHING TO LOSE! The banks shifted the risk to the Investors and the banks took the PROMISSORY NOTES cashed them into the FRAUDULENT FEDERAL RESERVE, and then SOLD the exact same NOTES to MBS Trusts MULTIPLE TIMES!!!
FORECLOSURE Response to JP Morgan Chase Foreclosurelauren tratar
WAKE UP AMERICA! Banks are STEALING HOUSES they do not own nor did they pay a dime for! Mortgages were PRE-SOLD to Investors of Mortgage-Backed Securities. A bank CANNOT foreclose if it has NOTHING TO LOSE! The banks shifted the risk to the Investors and the banks took the PROMISSORY NOTES cashed them into the FRAUDULENT FEDERAL RESERVE, and then SOLD the exact same NOTES to MBS Trusts MULTIPLE TIMES!!!
Chicago Daily Law Bulletin - Complicated case spells out principles on unjusPaul Porvaznik
The appellate court provided guidance on unjust enrichment and constructive trusts through a complicated case involving a commercial tenant's bankruptcy. The landlord had been assigned the approved claim in bankruptcy court but kept the funds rather than assigning them to the lender as stipulated. The court found the landlord was bound by the stipulation and unjustly enriched itself by keeping the funds. A constructive trust was imposed because it would be unfair to allow the landlord to retain possession of funds that should have gone to the lender per the stipulation. The case clarified the elements and application of unjust enrichment and constructive trusts.
Time Barred Mortgages in Bankruptcy 2.0Joseph Towne
This document discusses issues related to time barred mortgages in bankruptcy. It notes that both state and federal law are unclear on this issue. Filing a proof of claim on a time barred debt could violate the Fair Debt Collection Practices Act. The statute of limitations for mortgages in Florida is 5 years from acceleration, while the statute of repose is generally 20 years from execution. However, federal law may preempt these in some cases like with FDIC or SBA assigned mortgages. The document also discusses tolling provisions and issues around determining when a mortgage is time barred.
Ethanolv.DrizinUnited States District Court, N.D. Iowa, Eastern .docxelbanglis
Ethanolv.Drizin
United States District Court, N.D. Iowa, Eastern DivisionFeb 7, 2006
No. C03-2021 (N.D. Iowa Feb. 7, 2006) Copy Citation
No. C03-2021.
February 7, 2006
Be a better lawyer. Casetext is legal research for lawyers who want do their best work.
ORDER
JOHN JARVEY, Magistrate Judge
This matter comes before the court pursuant to trial on the merits which commenced on January 23, 2006. The above-described parties have consented to jurisdiction before a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). The court finds in favor of the plaintiff and awards compensatory damages in the amount of $3,800,000 and punitive damages in the amount of $7,600,000.
NATURE OF THE CASE
In this case, the plaintiff brings numerous theories of recovery against defendant Jerry Drizin arising out of the misappropriation of escrow funds that were to serve as security for financing for the construction of an ethanol plant in Manchester, Iowa. The plaintiff contends that defendant Drizin, in concert with others, knowingly converted funds from an escrow account that were not to have been spent on anything without the plaintiff's prior written permission. Defendant Drizin contends that his only client and only duty of loyalty was to a Nigerian citizen living in Munich who caused the funds to be sent to bank accounts controlled by Defendant Drizin. The court makes the following findings of fact and conclusions of law.
FINDINGS OF FACT
In 2000 in Manchester, Iowa, farmer and President of the local Co-op, Douglas Bishop, began meeting with representatives of the United States Department of Agriculture to explore the feasibility of building an ethanol plant in the Manchester area. The idea was to assist farmers in the area in getting more value for their crops. An ethanol plant produces ethanol and feed grain which can be sold at a profit exceeding that associated with the mere sale of grain.
A series of 40 local meetings culminated in a membership drive. The Plaintiff, Northeast Iowa Ethanol, L.L.C., was later formed in order to sell 2500 shares of stock in the L.L.C. to raise funds for the financing of the plant. The construction of the plant was expected to cost $21 Million. It would have a capacity for producing 15 million gallons of ethanol per year. Through the meetings, Mr. Bishop and others raised $2,365,000. The average investor purchased two shares.
The membership drive ended in September 2001. The original plan was to begin construction in the fall of 2001 and have the plant operating by the fall of 2002. However, the issue of financing for the plant was more problematic than plaintiff had anticipated. Traditional lenders (banks) demanded that the plaintiff raise forty percent of the construction costs. It was clear that the plaintiff could not raise $8 Million. Plaintiff's proposed marketing partner, Williams Ethanol Services, agreed to invest $1 Million in the project. The contractor anticipated to build the facility, North Centr ...
This case involves a dispute over entitlement to a partial refund of a special assessment paid into a fund to repair defects in a condominium building. The previous owners, who paid the special assessment, sold the property to the current owners. After the repairs were completed, there was a refund remaining in the fund. Both the previous and current owners claimed entitlement to the refund. The court found that the sale contract between the parties implicitly allocated the risk of any refund or future assessment to the purchasers. As such, the court ruled that the current owners were entitled to the refund as there was a valid contract between the parties providing a juristic reason for the enrichment.
This document summarizes a bankruptcy appellate panel decision regarding whether a debt arising from a copyright infringement judgment against Doug Walker was dischargeable. The bankruptcy court found the debt was nondischargeable under 11 U.S.C. § 523(a)(6) for willful and malicious injury. Walker appealed. The appellate panel affirmed, finding that Walker willfully failed to obtain a required public performance license for his bar despite repeated attempts by ASCAP to contact him, and his actions in disregarding copyright law were malicious.
Bob and Martha receive Social Security and rental income totaling $3,775. If Bob were to pass away, Martha's Social Security would increase to $1,550 but rental income would remain $1,300, reducing their total joint income by $925 to $2,850.
This document discusses extenuating circumstances that may impact a home equity conversion mortgage (HECM) financial assessment. It lists loss of income due to death, divorce, unemployment, reduced work hours, or a health emergency as potential circumstances. It also mentions an increase in financial obligations from medical treatment or hospitalization as another circumstance that could affect the assessment.
This document is a reply brief for petitioners in a case before the Supreme Court regarding Michigan's bans on same-sex marriage. It argues that the marriage bans violate principles of equal protection and liberty guaranteed by the Fourteenth Amendment. It asserts that the bans inflict substantial harms by denying same-sex couples access to marriage and the protections it provides. It also contends that excluding same-sex couples from marriage denies them equal dignity. The brief maintains that while states generally regulate marriage, this authority is limited by constitutional rights, and the bans here exceed those limits.
This document summarizes Form 8332, which allows a custodial parent to release their claim to an exemption for their child so that the noncustodial parent can claim the exemption. It provides instructions for the custodial parent to release the exemption for the current year (Part I), future years (Part II), or revoke a previous release for future years (Part III). Key details include defining custodial and noncustodial parents, the special rule for divorced/separated parents that allows the noncustodial parent to claim the exemption if certain conditions are met, and specifics on which pages of a pre-2009 divorce decree can substitute for using the form.
This document contains an NMLS number, which is used to identify licensed mortgage loan originators. The specific number provided is 145824. No other context or details are included in the document beyond this NMLS identification number.
This document appears to be a survey and ranking of RIAs (Registered Investment Advisors) with over $1 billion in assets under management. It lists 88 RIAs, providing information such as their location, total assets, growth rates of assets and clients, and assets per client. The top RIA according to total assets is Hall Capital Partners from San Francisco with $27.6 billion in assets.
This worksheet is designed to be used by persons contemplating a divorce. It may
also be used by your attorney. Completing this form before your initial interview with your
attorney may save you valuable time and money
This document discusses various methods that some individuals use to hide assets and income during a divorce proceeding to avoid equitable distribution of marital property. Some of the methods mentioned include underreporting income by falsifying business records and expenses, transferring assets to friends, taking cash withdrawals, and hiding true compensation through deferred income or installment sales. The document cautions divorcing parties to thoroughly examine tax returns, lifestyles, expenses, and financial records for signs of hidden assets and income.
The document is a magazine focused on divorce that contains articles on coping with divorce, the divorce process, finances during divorce, children and divorce, and health and well-being. The lead article discusses taking control of your life during a crisis by identifying the next right action to take rather than reacting immediately. It argues crises represent turning points that require a process to navigate rather than viewing them as disasters. The magazine also contains contact information for related resources and advertisements.
The document describes a 3-day international symposium hosted in May 2014 titled "Divorce: What's Love Got to Do With It?" which was funded by the Fetzer Institute to explore how the concepts of love, forgiveness, and compassion are relevant to collaborative family law practice. The author notes that while these concepts are implicitly part of collaborative work, the goal of the symposium was to have an open dialogue about bringing these concepts to the forefront. Over 50 participants including collaborative professionals and those outside the field gathered to generate new ideas about how these concepts could impact the future of family law.
This document provides instructions for requesting a reduction in Medicare premiums due to a life-changing event that has reduced income. It allows reporting of reduced income from either the current or previous tax year. Key details include choosing a qualifying life event, entering adjusted gross income and tax filing status for the selected year, and providing documentation of income and the event. Estimates for an even lower income in the following year can also be provided.
The document discusses the various phases and considerations of divorce. It begins by outlining the three phases of divorce: thinking of divorce, moving forward with divorce, and being recently divorced. It then provides detailed advice and factors to consider in each phase, including reconciling, the emotional and financial impacts, custody, selecting an attorney, property division, telling children, and executing the final divorce agreement. The overall document serves as a comprehensive guide to navigating the divorce process from initial thoughts through the aftermath.
The document is a presentation about reverse mortgages developed by the National Reverse Mortgage Lenders Association for educational purposes. It discusses what a reverse mortgage is, how it works, recent changes that make it safer and more affordable, and how people are using reverse mortgages to supplement retirement income, pay off debts, defer social security, and afford longer retirements. The presentation aims to help homeowners determine if a reverse mortgage could fit into their retirement plans.
The IRS ruling provides clarity on tax treatment of same-sex marriages for federal purposes. Same-sex couples married as of December 31, 2013 must file federal taxes jointly or separately for 2013 onward. They may amend 2010-2012 returns to file jointly if beneficial. However, filing jointly may increase taxes due to differences in tax brackets and limitations for married couples. Additionally, state tax filing status varies depending on state marriage recognition laws. Planning is needed to navigate federal and state tax implications.
This document provides an overview of important financial considerations for divorcing couples, including dividing assets, financial planning, financing homes, qualified domestic relations orders, social security benefits, alimony, and insurance. It covers topics spouses need to address when ending their marriage to separate their finances and plan for the future.
This document provides information about social security benefits eligibility and calculations. It outlines the requirements to qualify for retired worker benefits at age 62, divorced spouse benefits if divorced for at least two years, and spousal benefits if married for at least one year. It also details eligibility for widow/surviving divorced spouse benefits at age 60, and lists the full retirement ages for beneficiaries based on their year of birth. Reduction percentages are shown for those claiming benefits before full retirement age.
This document provides an overview and copyright information for the book "50 Ways to Flourish After Divorce" by Patti Handy. It notes that Patti Handy is not a licensed therapist or investment advisor and the book is not a substitute for professional advice. It encourages readers to visit the author's website for a free e-book on financial healing after divorce. The document contains a dedication and thanks to family and friends for their support. It then lists the first 10 of 50 suggestions for ways to flourish after divorce, including leaning on family and friends, exercising, getting massages, praying, and volunteering.
The document discusses divorce lending services provided by Right Start Mortgage Inc. It addresses questions about whether a client wants to stay in the marital home or purchase a new one after divorce. It also discusses how the company's divorce lending experts can provide home loan information and guidance on achievable housing strategies prior to finalizing divorce agreements. The experts aim to help families stay in their current home after divorce and provide divorced clients with home loans to fund agreed-upon housing solutions. Their services are available at no charge to attorneys and other professionals involved in divorce cases.
This document is an excerpt from a book on post-divorce parenting strategies written by Rosalind Sedacca. It discusses several challenges that divorced parents may face, including co-parenting, conflicting lifestyles between parents, and dealing with acting out behaviors from children of divorce. The author provides advice and suggestions for addressing these issues in a cooperative manner focused on the children's well-being.
Anti-Money Laundering (AML): What It Is, Its History, and How It Works
What Is Anti-Money Laundering (AML)?
Anti-money laundering is an international web of laws, regulations, and procedures aimed at uncovering money that has been disguised as legitimate income. For centuries, governments and law enforcement agencies have tried to fight crime by following the money. In modern times, that comes down to anti-money laundering (AML) laws and activities.
Money laundering is the concealment of the origins of money gained from crimes, including tax evasion, human trafficking, drug trafficking, and public corruption. It also includes money being illegally routed to terrorist organizations.1
Anti-money laundering regulations have had an impact on governments, financial institutions, and even individuals around the world.
REPUBLIC ACT No 11313 An Act Defining Gender-Based Sexual Harassment in Stree...elyshaiana2
An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online, Workplaces, and Educational or Training Institutions, Providing Protective Measures and Prescribing Penalties Therefor
This Act shall be known as the "Safe Spaces Act".
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IHL provisions call for requisite study to assess their capacity to deal with emerging means and methods of warfare.
Member states of the UN should promote negotiations on a new international treaty to ban and regulate lethal automatic weapon systems together with use of artificial intelligence in armed conflicts.
3 Extinguishment of liability in certain situations.pptx
Divorce: Cancel that line of credit
1. FIRST AMERICAN TITLE INSURANCE COMPANY v. TCF BANK TCF, Nos. 2-95-... Page 1 of 5
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FindLaw Caselaw Illinois IL Ct. App. FIRST AMERICAN TITLE INSURANCE COMPANY v. TCF BANK TCF
FIRST AMERICAN TITLE INSURANCE COMPANY v.
TCF BANK TCF
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Appellate Court of Illinois,Second District.
FIRST AMERICAN TITLE INSURANCE COMPANY et al., Plaintiffs-Appellees, v.
TCF BANK, F.A., f/k/a TCF Savings Bank, F.S.B., Defendant-Appellant.
FIRST AMERICAN TITLE INSURANCE COMPANY et al., Plaintiffs-Appellants, v.
TCF BANK, F.A., f/k/a TCF Savings Bank, F.S.B., Defendant-Appellee.
Nos. 2-95-1366, 2-95-1391.
-- February 07, 1997
Rinda Y. Allison and E. Kenneth Friker (on brief), Klein, Thorpe & Jenkins, Ltd., Chicago, for TCF Bank, FA,
f/k/a TCF Savings Bank FSB. David A. North (on brief), Rockford, for First American Title Insurance Co.,
Winnebago County Title Co. Ronald A. Damashek and Gregory S. Markow (on brief), Holleb & Coff, Chicago,
for Amicus Curiae Illinois Land Title Association.
The defendant, TCF Bank, appeals the trial court's order of April 27, 1995, denying the defendant's motion for
summary judgment and granting partial summary judgment in favor of the plaintiffs, First American Title
Insurance Company (First American) and Winnebago County Title Company (Winnebago). The plaintiffs
appealed the court's denial of part of their summary judgment motion, and the defendant appealed the court's
partial granting of the plaintiffs' summary judgment motion. In addition, the Illinois Land Title Association
(Association) filed an amicus curiae brief. We affirm in part, reverse in part, and remand for further
proceedings.
The following facts are taken from the pleadings and supporting documents and affidavits. On May 3, 1989,
the defendant granted Patricia Bartholomew a 10-year, $40,000 revolving line of credit secured by a mortgage
on Bartholomew's home located at 820 South 19th Street, Rockford, Illinois. A revolving line of credit is an
arrangement between a lender and a debtor in which the lender may from time to time make loans or advances
to the debtor. Ill.Rev.Stat.1989, ch. 17, par. 6405. Further, “[a]ny mortgage * * * given to secure a revolving
credit loan may * * * secure not only the existing indebtedness, but also such future advances * * * made
within [the next] twenty years.” Ill.Rev.Stat.1989, ch. 17, par. 312.3. On May 5, 1989, the defendant recorded
the mortgage document with the Winnebago County recorder of deeds. The document states in part: “This
mortgage secures a revolving line of credit under which advances, payments and readvances may be made
from time to time.”
On May 18, 1990, TCF Mortgage Corporation (TCF Mortgage) granted Bartholomew a traditional loan secured
by Bartholomew's home; the same property used to secure the defendant's loan. This subsequent mortgage
was recorded on May 23, 1990. Plaintiff Winnebago acted as closing agent and title insurer for this second
loan for plaintiff First American. Plaintiff Winnebago guaranteed that TCF Mortgage was not subject to any
“covenants, conditions or restriction” under which TCF Mortgage's lien would be subordinated. On May 18,
1990, the defendant sent plaintiff Winnebago a “payoff” letter stating the amount to be paid in full to satisfy
the defendant's loan. The letter indicated the payoff amount was $35,785.78. The letter also stated: “this is
a credit line; checks may be outstanding. Please call * * * for an updated payoff figure before closing.” On
May 18, 1990, plaintiff Winnebago sent a check to the defendant for the sum requested in the payoff letter.
On the face of the check appeared the words “For Mortgage Payoff.” The defendant cashed the check on May
23, 1990. At that time, Bartholomew's credit-line mortgage balance was reduced to zero. However, the
defendant did not release its lien on Bartholomew's home. Subsequently, Bartholomew borrowed almost
$40,000 on the defendant's line of credit. When Bartholomew defaulted, the defendant foreclosed its
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2. FIRST AMERICAN TITLE INSURANCE COMPANY v. TCF BANK TCF, Nos. 2-95-... Page 2 of 5
mortgage on her home. The plaintiffs brought this suit seeking release of the defendant's lien, damages, and
the placement of TCF Mortgage's lien in first lien position. The plaintiffs filed a motion for partial summary
judgment, and the defendant filed a motion for summary judgment. The defendant and the plaintiffs both
appeal. The cases have been consolidated.
The trial court granted partial summary judgment in the plaintiffs' favor, ruling that (1) as a matter of law, the
defendant was not required to release the lien; and (2) as a matter of equity, the defendant must either release
the lien or return the funds forwarded by plaintiff Winnebago to pay off the mortgage. The trial court ordered
the defendant either to pay back the payoff money or to release its lien. The parties and the Association
essentially raise two issue on appeal: (1) whether the defendant was legally obligated to release its lien; and (2)
whether the defendant was obligated, under principles of equity, either to release the lien or to return the
payoff funds to plaintiff Winnebago.
Summary judgment is proper when the pleadings, depositions, and affidavits demonstrate that no genuine
issue of material fact exists and that the moving party is entitled to judgment as a matter of law. 735 ILCS
5/2-1005(c) (West 1994). In adjudicating a summary judgment motion, a court must construe the evidence
strictly against the movant and liberally in favor of the nonmoving party. Espinoza v. Elgin, Joliet & Eastern
Ry. Co., 165 Ill.2d 107, 113, 208 Ill.Dec. 662, 649 N.E.2d 1323 (1995); Guerino v. Depot Place Partnership, 273
Ill.App.3d 27, 30, 209 Ill.Dec. 870, 652 N.E.2d 410 (1995). “[S]ummary judgment is encouraged to aid the
expeditious disposition of a lawsuit.” Espinoza, 165 Ill.2d at 113, 208 Ill.Dec. 662, 649 N.E.2d 1323.
However, it is a drastic means of resolving litigation and should be allowed only when the moving party's right
to judgment is clear and free from doubt. Guerino, 273 Ill.App.3d at 30, 209 Ill.Dec. 870, 652 N.E.2d 410.
“Therefore, where reasonable persons could draw divergent inferences from the undisputed material facts or
where there is a dispute as to a material fact, summary judgment should be denied and the issue decided by the
trier of fact.” Espinoza, 165 Ill.2d at 114, 208 Ill.Dec. 662, 649 N.E.2d 1323. We conduct a de novo review of
an order granting or denying summary judgment. Espinoza, 165 Ill.2d at 113, 208 Ill.Dec. 662, 649 N.E.2d
1323.
After reviewing the applicable statutes and the pleadings, along with the supporting documents and
affidavits, we determine that the defendant was not legally obligated to release its lien on Bartholomew's home.
Contrary to the opinion of the special concurrence, we do not determine that Winnebago was prevented “from
requesting a release of the Bartholomew lien.” 286 Ill.App.3d at 276, 42 of 222 Ill.Dec., at 1010 of 676 N.E.2d.
The mortgage instrument provides in part:
“Termination of this Mortgage. If borrower pay [sic ] to Lender all of the amounts owed to Lender under this
Mortgage and under the agreement, and keeps all promises made in this Mortgage and in the Agreement, then
Lender's rights in the Property will end. Lender will send Borrower a document stating this and Borrower can
file it with the County in which the Property is located.”
Further, the agreement between Bartholomew and the defendant provides in part that the defendant “will not
release the lien until [Bartholomew has] paid [the defendant] everything [she] owe[s] [the defendant] under
this agreement and [has] cancelled this agreement.” Thus, under the clear and unambiguous language of the
mortgage and agreement, the defendant had no obligation to release its lien on Bartholomew's property until
or unless Bartholomew cancelled the agreement.
Further, the applicable statute clearly indicates that the defendant was not obligated to release the lien
without a request from Bartholomew. It is well established that in interpreting a statute we must give the
language used by the legislature its plain and ordinary meaning. Boaden v. Department of Law Enforcement,
171 Ill.2d 230, 237, 215 Ill.Dec. 664, 664 N.E.2d 61 (1996). Section 4.1 of the Interest Act mandates that the
request for a release must come directly from the borrower. Ill.Rev.Stat.1989, ch. 17, par. 6405. The Interest
Act permits a lender to take an interest in real property to secure a revolving credit agreement “in excess of
$5,000.” Ill.Rev.Stat.1989, ch. 17, par. 6405. The Interest Act also provides that “[a]ny request by a
borrower to release a security interest under a revolving credit arrangement shall be granted by the lender
provided the borrower renders payment of the total outstanding balance as required by this Section before the
security interest of record may be released.” Ill.Rev.Stat.1989, ch. 17, par. 6405. We determine that the clear
and unambiguous language of the statute explicitly limits who may make a proper request for a release of a lien
to the borrower alone. Neither party has alleged that Bartholomew requested a release from the defendant.
Thus, we determine that the trial court correctly ruled that, as a matter of law, the defendant was not obligated
to release Bartholomew's lien after cashing plaintiff Winnebago's payoff check.
The plaintiffs argue that the last sentence of section 4.1 mandates a lender to release a mortgage lien upon “[a]
ny request” and full payment of the account. However, when the phrase “[a]ny request” is read in context, it
is clear that it refers to how the request may be made, not who may make it. The entire phrase reads “[a]ny
request by a borrower.” Thus, the plaintiffs' argument fails.
The plaintiffs also cite section 2 of the Mortgage Act (Ill.Rev.Stat.1989, ch. 95, par. 52) to support their
argument. Section 2 provides in part:
“Every mortgagee of real property * * * having received full satisfaction and payment of all such sum or sums
of money as are really due to him from the mortgagor * * * [shall] make, execute and deliver to the mortgagor
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3. FIRST AMERICAN TITLE INSURANCE COMPANY v. TCF BANK TCF, Nos. 2-95-... Page 3 of 5
* * * an instrument in writing * * * releasing such mortgage * * * or shall deliver that release to the recorder
or registrar for recording or registering.” Ill.Rev.Stat.1989, ch. 95, par. 52.
However, the plaintiffs fail to recognize that the legislature provided different requirements for traditional
mortgages and revolving credit loans. Section 2 of the Mortgage Act (Ill.Rev.Stat.1989, ch. 95, par. 52)
applies to “mortgages,” while section 4.1 of the Interest Act (Ill.Rev.Stat.1989, ch. 17, par. 6405) and section 5d
of the Illinois Banking Act (Ill.Rev.Stat.1989, ch. 17, par. 312.3) apply to “revolving credit loans.” Because the
case at bar involves a revolving credit loan, and not a traditional mortgage, the plaintiffs' argument fails.
Next, the plaintiffs and the Association argue that the plaintiffs acted as an agent for Bartholomew, and,
thus, Bartholomew requested a release through the plaintiffs. It is well established that an agent's authority
may be either actual or apparent. See FDL Foods, Inc. v. Kokesch Trucking, Inc., 233 Ill.App.3d 245, 256, 174
Ill.Dec. 474, 599 N.E.2d 20 (1992). Actual authority may be granted either expressly or impliedly. FDL
Foods, Inc., 233 Ill.App.3d at 256, 174 Ill.Dec. 474, 599 N.E.2d 20. Further, “[a]n ‘apparent agent’ is a person
who, whether authorized or not, reasonably appears to third persons, because of acts of another, to be
authorized to act as agent for such other person.” FDL Foods, Inc., 233 Ill.App.3d at 256, 174 Ill.Dec. 474, 599
N.E.2d 20, citing Mitchell Buick & Oldsmobile Sales, Inc. v. National Dealer Services, Inc., 138 Ill.App.3d 574,
582, 93 Ill.Dec. 71, 485 N.E.2d 1281 (1985). However, it is well established that the authority of an agent,
whether actual or apparent, can only be established upon the words and conduct of the alleged principal, not
the alleged agent. Tierney v. Community Memorial General Hospital, 268 Ill.App.3d 1050, 1062, 206 Ill.Dec.
279, 645 N.E.2d 284 (1994); Wadden v. Village of Woodridge, 193 Ill.App.3d 231, 239, 140 Ill.Dec. 408, 549
N.E.2d 1280 (1990). In this case, there is nothing in the record to indicate that the defendant should have
reasonably believed that the plaintiffs possessed the actual or apparent authority to request a release on
Bartholomew's behalf. Thus, the plaintiffs' argument fails.
We now address whether the trial court correctly ruled that the defendant was obligated, under principles of
equity, either to release its lien or to return the payoff funds to the plaintiffs. Although the trial court ruled
that principles of equity apply to this case and ordered the defendant either to release its lien or to pay back the
payoff money, the trial court did not articulate which equitable theory it applied.
The plaintiffs claim that equitable subrogation applies to this case. Our supreme court explained the doctrine
in the following manner:
“The doctrine of subrogation is a creature of chancery. It is a method whereby one who has involuntarily paid
a debt or claim of another succeeds to the rights of the other with respect to the claim or debt so paid.
[Citation.] The right of subrogation is an equitable right and remedy which rests on the principle that
substantial justice should be attained by placing ultimate responsibility for the loss upon the one against whom
in good conscience it ought to fall. [Citation.] Subrogation is allowed to prevent injustice and unjust
enrichment but will not be allowed where it would be inequitable to do so. [Citation.] There is no general
rule which can be laid down to determine whether a right of subrogation exists since this right depends upon
the equities of each particular case.” Dix Mutual Insurance Co. v. LaFramboise, 149 Ill.2d 314, 319, 173
Ill.Dec. 648, 597 N.E.2d 622 (1992).
Thus, if this theory applies to this case, the subrogee (plaintiffs) would stand in the place of the debtor
(Bartholomew). Dix Mutual Insurance Co. 149 Ill.2d at 319, 173 Ill.Dec. 648, 597 N.E.2d 622. Accordingly,
the defendant in this case would be obligated to release its lien.
The plaintiffs also argue that principles of equitable estoppel should apply to this case. “Generally, the
doctrine of equitable estoppel may be invoked when a party reasonably and detrimentally relies on the words
or conduct of another.” Brown's Furniture, Inc. v. Wagner, 171 Ill.2d 410, 431, 216 Ill.Dec. 537, 665 N.E.2d
795 (1996). Equitable estoppel is based on the principle that one may not act in a certain manner and then
take an inconsistent position which prejudices another who acted in reliance of the act. Empire Fire & Marine
Insurance Co. v. Faith Truck Lines, Inc., 178 Ill.App.3d 356, 359, 127 Ill.Dec. 569, 533 N.E.2d 441 (1988).
Thus, if this theory applies, the defendant would be estopped from asserting its priority lien status. See
Empire Fire, 178 Ill.App.3d at 359, 127 Ill.Dec. 569, 533 N.E.2d 441.
We note, in passing, that the equitable principle of unjust enrichment may also apply to this case. Unjust
enrichment applies where: (1) a party performs a service which benefits another party; “(2) the benefitting
party accepts the benefit; and (3) the circumstances indicate that the service was not intended to be
gratuitous.” Village of Clarendon Hills v. Mulder, 278 Ill.App.3d 727, 735, 215 Ill.Dec. 424, 663 N.E.2d 435
(1996). Thus, under this theory, the defendant would be required either to release its lien or to return the
benefit it received from the plaintiffs; i.e., the money given to pay off Bartholomew's debt. See HPI Health
Care Services, Inc. v. Mt. Vernon Hospital, Inc., 131 Ill.2d 145, 160, 137 Ill.Dec. 19, 545 N.E.2d 672 (1989)
( “unjust enrichment underlies a number of legal and equitable actions and remedies, including * * * the legal
actions of assumpsit and restitution or quasi-contract”).
After reviewing the record, we determine that summary judgment is precluded because a genuine issue of
material fact exists. 735 ILCS 5/2-1005(c) (West 1994). The plaintiffs alleged that Winnebago requested a
release from the defendant at the same time it sent the payoff check. The defendant denies this allegation.
However, neither party has conclusively supported its allegation regarding this issue. Further, neither party
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4. FIRST AMERICAN TITLE INSURANCE COMPANY v. TCF BANK TCF, Nos. 2-95-... Page 4 of 5
provides any information regarding whether, under the circumstances, the defendant knew or should have
known that plaintiff Winnebago expected a release in exchange for the payoff check. Moreover, neither party
provides any information regarding whether plaintiff Winnebago reasonably relied on the defendant's act of
cashing the payoff check as an indication that the defendant intended to release its lien. Therefore, there is a
material issue of fact as to whether the plaintiffs are entitled to equitable relief and the nature and extent
thereof. Accordingly, we reverse that portion of the trial court's judgment granting partial summary
judgment in the plaintiffs' favor and remand for further proceedings.
Finally, the defendant argues that a judgment ordering release or payback of the money would be contrary to
section 4.1 of the Interest Act (Ill.Rev.Stat.1989, ch. 17, par. 6405). We disagree. We acknowledge that
equity must follow the law and that the legislature may limit the equitable power of the courts. In re
Liquidation of Security Casualty Co., 127 Ill.2d 434, 447, 130 Ill.Dec. 446, 537 N.E.2d 775 (1989). However,
nothing in the Interest Act expressly precludes equitable remedies. Further, the Interest Act does not address
the issue of returning the funds from a payoff check when equity so demands. Thus, this argument fails.
Finally, unlike the opinion of the special concurrence, we do not wish to speculate as to what evidence may or
may not be sufficient to sustain the relief the trial court may ultimately grant or deny, nor do we deem it
necessary to opine as to how the trial court should view the evidence presented upon a hearing on the merits.
That part of the judgment of the circuit court of Winnebago County denying relief as a remedy at law is
affirmed. That part of the judgment granting relief in equity is reversed and the cause is remanded for further
proceedings in accordance with this opinion.
Affirmed in part and reversed in part; cause remanded.
I concur in the majority's judgment. I agree a genuine issue of material fact exists in the form of whether
Winnebago requested a release from defendant. However, because I believe the majority does not sufficiently
delineate what plaintiffs must prove to be entitled to equitable relief, I write separately to provide the trial
court with guidance upon remand.
Initially, the reasonableness of any reliance or expectation forming the basis for equitable relief must be
determined in light of section 4.1 of the Interest Act. The majority determined that section 4.1 clearly and
unambiguously prevented Winnebago from requesting a release of the Bartholomew lien. The fact that the
action out of which arises Winnebago's need to seek equitable relief is beyond the title company's legal
authority militates strongly against a finding of reasonableness. How may a party reasonably rely, or
reasonably expect something in return, on the basis of an action the law does not permit the party to take?
Assuming this hurdle can be cleared, any equitable theory potentially forming the basis of a ruling in favor of
plaintiffs should not be premised exclusively on evidence that Winnebago sent defendant what the title
company alleges was a “payoff” check on the revolving credit line. Such evidence does not, standing alone,
establish that (1) Winnebago reasonably expected a release of defendant's lien; (2) defendant reasonably
should have known Winnebago expected a release; (3) Winnebago's reliance was reasonable; (4) Winnebago
reasonably expected its lien to take priority over defendant's lien; (5) defendant reasonably should have known
Winnebago expected its lien to take priority over defendant's lien; and (6) Winnebago paid down the revolving
credit line “involuntarily.”
Basing any of the preceding findings exclusively on the paying down of the Bartholomew revolving credit line
would require defendant to act as Winnebago's attorney-and, failing this, to be prescient. Defendant should
not be required to divine the reasons for and consequences of actions undertaken by Winnebago.
Sophisticated business entities engaged in arms-length transactions should not be duty bound to decipher and
discern the motivations for business decisions made by other sophisticated business entities whose personnel
fail to acquaint themselves with the clear and unambiguous meaning of the law. On remand, if the trial court
discovers only that the parties exchanged paperwork under the impression that the revolving credit line was a
traditional mortgage-i.e., neither party understood that a revolving credit line is governed by different legal
principles-I believe that the trial court should find Winnebago's reliance, its expectation of a release of
defendant's lien, and the expectation of gaining first priority over this lien unreasonable.
This will be a difficult case on remand. One of these parties will be burdened with $40,000 of apparently
uncollectible debt. Such an outcome creates a powerful and just incentive for sophisticated lending
institutions and their associated entities to read and abide by the law. Persons are presumed to know the law
and ignorance of the same is no excuse. See In re Cheronis, 114 Ill.2d 527, 535, 104 Ill.Dec. 225, 502 N.E.2d
722 (1986) (stating that attorney's commingling of client funds is not excused because attorney was unaware
such conduct was prohibited); Pyle v. Ferrell, 12 Ill.2d 547, 554-55, 147 N.E.2d 341 (1958) (stating that party's
failure to take remedial action is not excused because he did not understand his mineral rights could be sold to
satisfy delinquent taxes without sale of attendant land); Singh v. Department of Professional Regulation, 252
Ill.App.3d 859, 868, 192 Ill.Dec. 501, 625 N.E.2d 656 (1993) (stating that pharmacist's lack of compliance with
controlled substances reporting requirements not excused because he was unaware of such requirements); In
re Estate of Winters, 239 Ill.App.3d 730, 736, 180 Ill.Dec. 476, 607 N.E.2d 370 (1993) (stating that party is
presumed aware of statutory probate claim period), quoting In re Estate of Malone, 198 Ill.App.3d 960, 964,
145 Ill.Dec. 60, 556 N.E.2d 678 (1990) (same); Kampen v. Department of Transportation, 150 Ill.App.3d 578,
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