Hartman et al v. Smith et al
| Mavis Hartman, Roger Hartman and Maul Lee Hartman |
| Midwest Equity Consultants, Inc., Brian J. Smith, Jennifer Smith and Prime Security Bank |
| Mavis Hartman, Roger Hartman and Maul Lee Hartman |
| Brian J. Smith, Jennifer Smith and Midwest Equity Consultants, Inc. |
| 0:2009cv01618 |
| June 24, 2009 |
| US District Court for the District of Minnesota |
| DMN Office |
| Carver |
| Davis |
| Erickson |
| Other |
| 15 U.S.C. ยง 1601 Truth in Lending |
| Plaintiff |
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Filing
50
MEMORANDUM OF LAW & ORDER. Based on the files, proceedings, and arguments in the record, the Court hereby ORDERS that Defendant Prime's Motion for Summary Judgment 21 is GRANTED IN PART and DENIED IN PART and Plaintiffs' Motion for Parti al Summary Judgment 30 is GRANTED IN PART and DENIED IN PART as follows: 1. The Court GRANTS Plaintiffs' Motion for Partial Summary Judgment on Count 1 and declares that the February 21, 2007 transaction constituted an equitable mortgage, rat her than the sale of property. 2. In Count 2, Plaintiffs' TILA rescission and HOEPA damages claims in are DISMISSED WITH PREJUDICE, but summary judgment is DENIED as to Plaintiffs' TILA damages claim because the Court finds a genuine issu e of fact as to whether Defendants fraudulently concealed the existence of an undisclosed finance charge in the transactions at issue here. 3. Plaintiffs' Motion for Partial Summary Judgment on Count 4 is DENIED. 4. Defendant's Motion f or Summary Judgment and Plaintiffs' Motion for Partial Summary Judgment on Count 10 are DENIED. 5. Plaintiffs' Motion for Partial Summary Judgment on Count 11 is DENIED. 6. Plaintiffs' Motion for Partial Summary Judgment on the Smi ths' Counterclaim is GRANTED and the Counterclaim is hereby DISMISSED WITH PREJUDICE. 7. Plaintiffs' request for an Order granting their costs and disbursements, as well as leave to file a separate application for reasonable attorney fees is DENIED. (Written Opinion). Signed by Chief Judge Michael J. Davis on 9/17/10. (GRR)
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