Leveraged Bona Fide Lender Defense to Secure Summary Judgment for Client
Obtained summary judgment in the Missouri 23rd Judicial Circuit Court for a lender client regarding competing claims over property used as collateral for a loan, which was incorrectly identified in the deed. Used the bona fide lender defense to defeat plaintiff lender’s argument that the description of the collateral property on the deed was mistakenly swapped; and that the plaintiff lender’s failure to identify the correct property at its loan origination prevented the court from using its equitable powers to swap the collateral.
