Courtney v. KeyBank N.A., No. 20-6016 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit affirmed the bankruptcy court's order denying relief requested by debtor for wrongful foreclosure in equity, holding that the record supports the bankruptcy court's conclusion that debtor could not have been lulled by the Bank into a false sense of security regarding the foreclosure sale. In this case, debtor stipulated that "KeyBank advised Plaintiff that she had to contact KeyBank's foreclosure counsel to obtain a written payoff statement that included legal costs and fees;" the notes from the Bank's telephone records, a stipulated exhibit, indicate that debtor was so advised and nowhere in debtor's briefing does she dispute that; the call notes also establish that debtor called the Bank's foreclosure department as instructed; and while there is no evidence proving debtor's receipt of the Reinstatement Notice, there is evidence that the Bank advised her that the correct amount would be forthcoming in a letter. Therefore, the court found that the bankruptcy court's conclusion that debtor was advised by the Bank about the inaccuracy of the notification statement was not clearly erroneous.
Court Description: [Dow, Author, with Shodeen, and Sanberg, Bankruptcy Judges] Bankruptcy Appellate Panel. The bankruptcy court did not err in finding the creditor bank had not misled or lulled debtor or in finding that the debtor did not meet her burden of proving wrongful disclosure in equity. [ January 13, 2021 ]
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