Mitchell v. Carpenter

Memorandum Decision

In this bankruptcy matter, the plaintiff alleged that the debtor/defendant had filed committed fraud by submitting a false escrow demand when the plaintiff sold him home.

At trial, the defendant testified that he sold the plaintiff a home wit an all inclusive deed of trust, subject to a senior lien. The defendant also testified the plaintiff failed to make payments on the note, thus causing the defendant to be unable to make the mortgage payments on the first deed of trust on the property. The defendant further testified the plaintiff breached the terms of the promissory note by failing to pay the property taxes and maintain hazard insurance.

The plaintiff denied the defendant's allegations, claiming that he was current on all payments.

After a trial before Judge Bowie in the bankruptcy court in the Southern District of California, the Court ruled that the plaintiff had failed to meet his burden of proof that the defendant had engaged in fraudulent acts.

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Published In: Bankruptcy Updates

Reference Info:Decision | Federal, 9th Circuit, California | United States