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Sampson v. Chase Home Fin.

Ruling
Debtor's failure to timely raise claims regarding origination, terms and execution of loan resulted in waiver.
Procedural posture

Plaintiffs, mortgagors, sued defendants, bank, mortgage corporation, loan assignee, and mortgage broker, and asserted state law causes of action related to the origination, terms, and execution of the loan, the balloon note, and the forbearance agreement. The bank, mortgage corporation, loan assignee, and mortgage broker removed the action to federal court. The bank, the mortgage corporation, and the loan assignee filed motions to dismiss.

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Consumer opinion summary, case decided on November 03, 2009 , LexisNexis #1209-030

Davis v. Rutherford

Ruling
Debtor's state court case that was not timely removed by defendant remanded.
Procedural posture

Plaintiff debtors sued defendants, a sheriff, a clerk, and a purchaser, in state court to nullify a tax sale of their residence. Defendant purchaser removed the case, claiming that plaintiffs' claims were based upon 11 U.S.C.S. § 362(a). Plaintiffs, intervenor bank, and all defendants but the purchaser sought a remand, fees, and costs. A magistrate recommended granting the remand but denying fees and costs. Objections were filed.

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Consumer opinion summary, case decided on August 20, 2009 , LexisNexis #0909-115

DaimlerChrysler Fin. Servs. Americas LLC v. Jones (In re Jones)

Ruling
Order for return of vehicle repossessed after debtors failed to redeem or reaffirm reversed.
Procedural posture

Defendant creditor appealed a decision of the Bankruptcy Court for the Southern District of West Virginia, which ordered the creditor to return to plaintiffs, a chapter 7 debtor and his non-debtor wife, the vehicle it repossessed.

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Consumer opinion summary, case decided on September 29, 2008 , LexisNexis #0109-073