Debtor’s failure to bring claims as counterclaims rendered argument moot after full satisfaction
Lenders who are faced with debtors who plead inartfully should pay close attention to First Midwest Bank v. Breckenfelder, No. 13-2064 (Iowa Court of Appeals Nov. 25, 2015), a recent case in which the Iowa Court of Appeals held that debtor’s failure to bring a counterclaim rendered his arguments moot as defenses after full satisfaction.
The debtor filed no counterclaims, but argued as affirmative defenses that First Midst’s illegal conduct created offsets and damages. First Midwest was granted summary judgment. The debtor appealed. While the appeal was pending, First Midwest released its judgment, noting full satisfaction and full payment.
The debtor admitted that full satisfaction rendered the foreclosure claims moot, but the debtor on appeal argued that he still wanted his claims as to the bank’s illegal conduct to be tried.
However, since the debtor did not file a counterclaim, the Court of Appeals found that the claims were moot. The Court noted that the debtor could have had a separate trial, had the debtor filed a counterclaim instead of merely stating his arguments as defenses and offsets.
Lenders should take note of First Midwest Bank v. Breckenfelder. Debtors often argue that their pleadings should be construed liberally; First Midwest Bank v. Breckenfelder reinforces the importance of careful pleading. For questions regarding First Midwest Bank v. Breckenfelder, or regarding estate mortgage foreclosures, contact Mollie Pawlosky.
The material in this blog is not intended, nor should it be construed or relied upon, as legal advice. Please consult with an attorney if specific legal information is needed.
Source: http://www.dickinsonlaw.com/2015/12/debtors-failure-bring-claims-counterclaims-rendered-argument-moot-full-satisfaction/
Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.
"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world. Anyone can join. Anyone can contribute. Anyone can become informed about their world. "United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
LION'S MANE PRODUCT
Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules
Mushrooms are having a moment. One fabulous fungus in particular, lion’s mane, may help improve memory, depression and anxiety symptoms. They are also an excellent source of nutrients that show promise as a therapy for dementia, and other neurodegenerative diseases. If you’re living with anxiety or depression, you may be curious about all the therapy options out there — including the natural ones.Our Lion’s Mane WHOLE MIND Nootropic Blend has been formulated to utilize the potency of Lion’s mane but also include the benefits of four other Highly Beneficial Mushrooms. Synergistically, they work together to Build your health through improving cognitive function and immunity regardless of your age. Our Nootropic not only improves your Cognitive Function and Activates your Immune System, but it benefits growth of Essential Gut Flora, further enhancing your Vitality.
Our Formula includes: Lion’s Mane Mushrooms which Increase Brain Power through nerve growth, lessen anxiety, reduce depression, and improve concentration. Its an excellent adaptogen, promotes sleep and improves immunity. Shiitake Mushrooms which Fight cancer cells and infectious disease, boost the immune system, promotes brain function, and serves as a source of B vitamins. Maitake Mushrooms which regulate blood sugar levels of diabetics, reduce hypertension and boosts the immune system. Reishi Mushrooms which Fight inflammation, liver disease, fatigue, tumor growth and cancer. They Improve skin disorders and soothes digestive problems, stomach ulcers and leaky gut syndrome. Chaga Mushrooms which have anti-aging effects, boost immune function, improve stamina and athletic performance, even act as a natural aphrodisiac, fighting diabetes and improving liver function. Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules Today. Be 100% Satisfied or Receive a Full Money Back Guarantee. Order Yours Today by Following This Link.
| Visits: | 1,707,168,835 |
| Stories: | 8,447,346 |
Whistler Blowers, Insiders
