Significant Creditor Victories

Noteworthy Finance Decisions Achieved by
Christopher M. Hill & Associates, LLC.

Green Tree Servicing, LLC v. Sanders, 2006 WL 2033668

Established the standing of a mortgage servicer to proceed as the real party in interest in a foreclosure.

Jacobe v. Green Tree Financial Services LLC, 2006WL1045410

Established that purported breach of contract by a mortgage servicer did not excuse the borrowers’ failure to make payments.

In re Matthys, 2010WL2176086

Successfully defended a mortgage servicer who failed to redact a proof of claim from contentions of intentional infliction of emotional distress, negligence, and statutory violations.

In re Asher, 2020WL2617031

Established that KRS Sec. 382.520 entitles a mortgage creditor to interest, fees, costs and other amounts that exceeded the original loan balance despite the “additional indebtedness” provision in the mortgage.

Nu-Way Drywall Co., Inc. v. First Place Bank, 2012WL2160193

Established that a deed in lieu does not deprive a bank of its lien priority status.

Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335 (KY. App. 2001) & Hagan v. GreenPoint Credit Corp., 2007WL2258866

Established the enforceability of arbitration clauses in Kentucky consumer finance contracts.

Aranda v. Tammac Holdings Corp., 919 N.E.2d 278(Ohio App. 2d Dist. 2009)

Established the priority of a mortgage lien over the attorney fees incurred in representing an estate other than those directly related to sale of the mortgaged property

In re Spearman, 2017WL943918

Established the right of a credit union to deny electronic services to a Member who has filed bankruptcy.

Various Mechancic and Tow Statute Lien Cases

Successfully defended a Credit Union’s rights to its collateral against towing and storage lots and mechanic’s lienholders.

RTO Rentals, LLC v. Randi Smith, 17-CI-00073

Established that under UCC Article 2A a purchaser in possession of a leased storage shed takes subject to the lease and that such a purchaser is not bona fide purchaser for value without notice.

In Re: Estate of Carolyn M. Morissey, 2016-CA-001929

Established that a Credit Union’s rights as a lienholder under KRS 286.6-395 permitted its entitlement to immediate setoff against a decedent’s accounts.