Legal Opinion

Cox v. Countrywide Home Loans, Inc. (In Re Cox)

United States Bankruptcy Court, D. Kansas

Decided June 18, 2009No. 19-10316PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

ROBERT D. BERGER, Bankruptcy Judge.

Cross Motions for Summary Judgment are before the Court. 1 Plaintiffs/Debtors James and Shirley Cox (hereinafter also referred to as “James” and “Shirley”) seek a declaration invalidating a lien against their homestead, alleging Shirley Cox’s signature on the mortgage is a forgery. Defendant Countrywide Home Loans, Inc. (“Countrywide”), seeks summary judgment because Debtors jointly consented to granting a mortgage and, having received the benefits of the loan, are now estopped from denying…

2Cases cited37 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Atlantic Richfield Co. v. Farm Credit Bank of WichitaCourt of Appeals for the Tenth Circuit · 2000
  4. Morris v. WardSupreme Court of Kansas · 1869
  5. Crippen v. ChappelSupreme Court of Kansas · 1886

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3Cited by6 opinions

  1. Ed Dewitte Ins. Agency, Inc. v. Fin. Assocs. Midwest, Inc.Supreme Court of Kansas · 2018
  2. Daniel Sutter v. U.S. National BankCourt of Appeals for the Sixth Circuit · 2012
  3. Jones v. Nationstar Mortgage, LLC (In re Jones)United States Bankruptcy Court, D. Vermont · 2015
  4. Daniel Sutter v. U.S. National BankCourt of Appeals for the Sixth Circuit · 2012
  5. Deutsche Bank National Trust Co. v. RobertsCourt of Civil Appeals of Oklahoma · 2010

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