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Jones, McNeel and Drinkwater Obtain Summary Judgment in Significant Lender Liability Case

June 10, 2016 by Brunini Law

On May 18, 2016, Trey Jones, Taylor McNeel, and William Drinkwater obtained summary judgment for one of the firm’s bank clients in a significant case which raised numerous important issues in the area of wrongful foreclosure claims. The plaintiff alleged that the Bank wrongfully foreclosed on his home by failing to comply with the terms of the deed of trust, failing to comply with unspecified Department of Veterans Affairs regulations and by taking action contrary to a forbearance agreement. Plaintiff sought unspecified compensatory and punitive damages. Following extensive briefing and oral argument, the Harrison County Circuit Court determined, among other things, that plaintiff had failed to prove recoverable damages, that the VA’s request for extension did not create a duty for the Bank to forbear, that a borrower must object at the foreclosure sale prior to bringing a wrongful foreclosure lawsuit and that once a borrower fails to make timely loan payments, she cannot sustain a claim for breach of the loan agreement. Accordingly, the Circuit Court granted the Bank summary judgment on all of the claims asserted in the complaint and dismissed the case with prejudice.

Practice Attorneys

  • Taylor B. McNeel
  • William D. Drinkwater
  • William Trey Jones III

Practice Groups

  • Banking
  • Commercial Litigation
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