14 results for 'cat:"Fraud" AND cat:"Property" AND cat:"Contract"'.
J. Riedmann finds the district court properly found for the romantic partner who received funds from her partner to purchase and remodel her home. The lender signed a form stating he did not expect repayment and he voluntarily sent the funds with no discussion of repayment. The doctrine of unjust enrichment does not require a homeowner to repay funds just because the relationship has ended. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: April 30, 2024, Case #: A-23-515, Categories: fraud, property, contract
J. Rufe grants a realty company's motion to dismiss this suit filed by a franchise company, alleging it breached the parties’ lease by failing to alert them that they were legally barred from opening a franchise store in the historic district of New Hope, Pennsylvania. The tenant failed to present any facts establishing that the landlord had a duty to alert them of local laws.
Court: USDC Eastern District of Pennsylvania, Judge: Rufe, Filed On: March 20, 2024, Case #: 2:23cv2193, NOS: Other Contract - Contract, Categories: fraud, property, contract
J. Seybert adopts in part a magistrate judge’s report and preserves for trial claims for fraud, rescission and declaratory relief stemming from a home equity sharing agreement. The court agrees with objections filed by two associated entities and dismisses claims for contract rescission against them, finding the claims were premised on fraud allegations that were dismissed.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 20, 2024, Case #: 2:21cv4542, NOS: Truth in Lending - Torts - Personal Property, Categories: fraud, property, contract
J. Hunt grants the suing boiler-leasing company’s motion to dismiss the defendant power plant operator’s counterclaims of fraud. The boiler company sued the plant operator after the plant operator returned one of its leased boilers in damaged condition; the operator in turn claimed the boiler was never in as good of condition as the boiler company claimed. The court finds the power plant operator has failed to sufficiently back up its fraud counterclaims, and dismisses them with prejudice.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: March 14, 2024, Case #: 1:21cv1353, NOS: Other Contract - Contract, Categories: fraud, property, contract
J. Redford finds for the seller of a student housing complex in claims contending the seller misrepresented the physical and financial condition of the property because the buyer had been provided, but chose to ignore, documentation regarding the physical condition of the property and its financial status prior to purchase. Affirmed.
Court: Michigan Court of Appeals, Judge: Redford, Filed On: February 8, 2024, Case #: 361299, Categories: fraud, property, contract
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J. Ortego finds that the trial court improperly denied the creditor's motion to confirm default judgment after it sought to rescind a contract relating to the credit sale of property. The trial court lacked the power to dismiss the creditor's action "on its own motion." Reversed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: February 7, 2024, Case #: CA-23-464, Categories: fraud, property, contract
J. Tufte finds that the district court improperly dismissed causes of action for declaratory judgment, injunctive relief, breach of contract and tortious interference in a matter involving multiple parcels of real property in McIntosh County, North Dakota. The district court misapplied the law by applying the statute of frauds when the statute of frauds was not specifically pled. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: December 15, 2023, Case #: 2023ND234, Categories: fraud, property, contract
J. Harris finds the trial court improperly found the claimed owner of an option to buy certain property was legally assigned the option from the owner. Other entities claiming to the option say the assignment was an invalid, fraudulent transfer and they own the option after purchasing it in an execution sale from a previous owner. The trial court’s fraudulent transfer analysis contained legal errors and an erroneous subsidiary factual finding regarding the previous owner's intent to hinder, delay or defraud its creditor. Vacated.
Court: Utah Court Of Appeals, Judge: Harris , Filed On: December 14, 2023, Case #: 20220892-CA, Categories: fraud, property, contract
[Consolidated] J. Miller finds the trial court erred in its decision against the daughter in a dispute between her mother and other family, a bank, lenders and mortgage assignees over ownership interest, title to and control of three properties in light of the daughter's father's death. In part because the relevant Florida law involving lis pendens does not apply to the claims of ownership the daughter pursued based on recorded deeds and other "duly written instruments," and because there are factual disputes about whether deeds recorded later were fraudulent, the trial court's summary judgment order against the daughter is overturned and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: October 11, 2023, Case #: 22-2136, Categories: fraud, property, contract
J. Sullivan denies in part summary judgment to a bank that sued an assisted living business for an alleged breach of contract for failure to pay on a Paycheck Protection Program (PPP) loan. Although the business requested a loan of $20,000, the bank approved it for a loan of over $1 million. Although it is undisputed that the business defaulted on its repayments, the bank had no right to rely on contradictory and false certifications stated later in the application. This is because the application initially clearly stated that the business was only looking to borrow $20,000. Also, one of the business owners bought a property with the loan money and did so with the intention to commit fraud. However, the bank has yet to state the exact relief it seeks monetarily and in regards to said property.
Court: USDC Maryland, Judge: Sullivan, Filed On: September 21, 2023, Case #: 8:21cv3210, NOS: Other Contract - Contract, Categories: fraud, property, contract
J. Griggsby grants in part a private boarding school's motion to dismiss claims of breach of contract and fraud brought by a corporation that purchases and builds specialized schools. The corporation alleges that the school was untruthful about its financial standing upon agreement to purchase the school for $8 million. The school did breach the contract because it failed to sell its property to the corporation within the agreed time period. However, all other allegations fail to state a claim.
Court: USDC Maryland, Judge: Griggsby, Filed On: July 26, 2023, Case #: 1:22cv175, NOS: All Other Real Property - Real Property, Categories: fraud, property, contract
J. Brown finds the trial court properly granted summary judgment to the redevelopment authority in this suit brought by the purchasers on fraud and breach of contract claims as to the sale, leasing and general repurposing of surplus military base land. The representation made by the trust regarding plans for the land as a historic area were expressions of opinion or predictions of future events, not misrepresentations of material fact. The purchasers failed to provide sufficient evidence that the trust knew the representations to be false at the time they were made, and so the “Delta” exception is inapplicable. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: May 31, 2023, Case #: CV-21-247, Categories: fraud, property, contract
J. Bokor finds the trial court erred in part in its summary judgment ruling in a lawsuit between the owners of two neighboring properties over one of them building and maintaining a public roadway on the neighbor's property, prompting the neighbor's suit. Because ambiguities exist in the agreement between the two properties, which is one of several agreements involved with parties developing the marina and waterfront area abutting the properties, the lower court's summary judgment order is reversed as to the suing property owner's fraud defenses but is upheld regarding their other affirmative defenses. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 31, 2023, Case #: 21-0806, Categories: fraud, property, contract