Berndsen v. Flagstar Bank, FSB

ROBERT G. DOWD, JR., Judge.

Flagstar Bank, FSB (“Flagstar”) appeals from the trial court’s grant of summary judgment in favor of Thomas G. and Linda L. Berndsen (collectively “the Berndsens”) on the Berndsens petition under Section 443.130, RSMo 2000.1 The trial court entered judgment in favor of the Berndsens in the amount of $11,444.95, $10,000.00 representing a forfeiture of ten percent of the face amount of the deed of trust, which was $100,000.00, plus $1,444.95 of prejudgment interest. Because we find there are no genuine issues of material fact and the Berndsens were entitled to…