BSMS Successfully Overturns Judgement for a Mortgage Corporation

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We are pleased to announce that our experienced multijurisdictional appellate team at Busch Slipakoff Mills & Slomka successfully overturned a judgement through an appeal for our client, 21st Mortgage Corporation.

The original case stemmed from a dispute over a mobile home that was financed by 21st Mortgage and located on a property that was originally financed by a couple and eventually owned by TSE Plantation. After the couple filed for bankruptcy, 21st Mortgage filed a complaint to repossess the mobile home. TSE Plantation, however, argued that 21st Mortgage made material misrepresentations to the court to maintain control of the asset and could not seek an equitable remedy. The trial court ruled in favor of TSE Plantation’s motion, granting them possession of the mobile home. 21st Mortgage Corporation then appealed.

During the appeal process, our team represented 21st Mortgage Corporation and argued against the judgement on the basis that TSE Plantation failed to establish that it was injured by our client’s alleged misconduct in the bankruptcy case. On Monday, August 31, the court agreed and reversed the previous ruling.

If you need representation throughout the appeals process, we can help. The appellate team at Busch Slipakoff Mills & Slomka is comprised of experienced trial attorneys highly adept at navigating the complexity, uncertainty and inherent risks involved in the appeal process. Contact us today to learn more.

Click here to read the court’s full opinion.