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extrinsic fraud
1 similar search for extrinsic fraud
3.480 documents for extrinsic fraud
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Twenty-nine states have enacted statutes allowing lenders to foreclose on a mortgage or deed of trust privately, under power of sale, without filing a lawsuit. These sales are wholly devoid of judicial oversight. Debtors who encounter irregularities or fraud in the sale process can seek to set the sale aside after it has already taken place. However, courts will only vacate the sale if the irregularities or fraud are intrinsic to the sale process itself, such as when collusive bidding takes place at the auction. This limitation poses significant problems for debtors who encounter irregularities or fraud outside the strict confines of the sale proceeding. The problem is especially relevant for debtors who need to refinance to avert the sale. Courts should extend the current rule to inclu...
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A party seeking to overturn in bankruptcy a transfer under a state marriage dissolution judgment must show "extrinsic fraud," the 9th Circuit has ruled. The husband filed for divorce. The wife filed an appearance but then failed to participate in the proceedings, and a state court entered a default judgment of dissolution. It awarded the husband items valued at $93,737 while the wife received items valued at just $788.
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In the best interest of a child, the state of Missouri defended a mother who fooled a man into thinking he had fathered a son. In State of Missouri ex rel. Misty Lowry v. Richard Carter, the Department of Social Services, Family Support Division appealed Jackson County Judge Sandra Carol Midkiff's ruling that set aside a 1993 default paternity judgment against Carter. The Western District Court of Appeals sided with the state.
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CIVIL- motion to dismiss for failure to state a claim; Civ.R. 12(B)(6); fraud; fraudulent inducement; invited error; plain error; parol evidence; extrinsic evidence; standing; corporate standing; separate and distinct injury
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The Court of Special Appeals has declined to reinstate the tort claim of a woman whose lawyer failed to produce discovery, did not notify her that the suit had been dismissed and did not tell her that he had been suspended indefinitely from practicing law. Attorney Michael J. Graham's actions in Charlain Bland's motor tort suit did not constitute extrinsic fraud, so there is no justification for vacating the dismissal of Bland's case, the court held Tuesday.
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A consumer fraud plaintiff couldn't rely on extrinsic evidence to show than an automobile dealer made oral promises in addition to those in the parties' written purchase agreement, the Ohio Supreme Court has ruled in reversing a $7,500 award of treble damages. The plaintiff purchased a 2004 GMC Yukon from the defendant. The written sales contract provided that the plaintiff would receive a $15,500 trade-in allowance for his other vehicle.
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... by clear and convincing evidence extrinsic fraud, jurisdictional mistake...
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Trial court correctly determined that parol evidence was not competent to prove an oral agreement at variance with a written contract between the parties, containing an integration clause, in connection with a fraud claim. Accordingly, trial court properly rendered summary judgment with respect to the fraud claim. Parol evidence – evidence extrinsic to the parties’ written contract – was competent to prove a claim arising under the Ohio Consumer Sales Practices Act. Plaintiff’s evidence was sufficient to establish a genuine issue of material fact whether defendant car dealer misrepresented to her that the amount of a home equity loan used to finance her purchase of the vehicle she was trading in for her newly leased car would be paid off as part of the deal. Judgment affirmed in part,...
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... by clear and convincing evidence extrinsic fraud, jurisdictional mistake...
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... by clear and convincing evidence extrinsic fraud, jurisdictional mistake...
