Legal Opinion

Thomas v. Citimortgage, Inc. (In re Thomas)

United States Bankruptcy Court, D. Massachusetts

Decided August 27, 2012No. Bankruptcy No. 10-40549-MSH; Adv. Pro. No. 10-4086PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OF DECISION ON DEFENDANTS’ JOINT MOTION FOR SUMMARY JUDGMENT AND CITIMORTGAGE, INC.’S MOTION FOR RELIEF FROM STAY

MELVIN S. HOFFMAN, Bankruptcy Judge.

The defendants, CitiMortgage, Inc. (“Ci-tiMortgage”), Flagstar Bank, FSB (“Flagstar”) and Allied Home Mortgage Capital Corporation (“Allied”), have moved for summary judgment on the remaining two counts1 of the complaint filed by the debtor-plaintiff, Kathleen Thomas. The defendants base their motion primarily on their assertion that Flagstar “table-funded” Ms. Thomas’ loan, which they assert is the functional equivalent of being the…

2Cases cited15 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. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
  4. McCarthy v. Northwest Airlines, Inc.Court of Appeals for the First Circuit · 1995
  5. Beach v. Ocwen Federal BankSupreme Court of the United States · 1998

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3Cited by3 opinions

  1. Akopyan v. Wells Fargo Home Mortgage, Inc.California Court of Appeal · 2013
  2. Frykberg v. JPMorgan Chase Bank, National Ass'n (In re Frykberg)Bankruptcy Appellate Panel of the First Circuit · 2013
  3. Godfrey v. Nationwide Vinyl Siding & Home Improvement, LLCDistrict Court, S.D. Alabama · 2012

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