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Cogswell v. CitiFinancial Mortgage Co., Inc., 08-2153

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By FindLaw Staff on October 05, 2010 3:24 PM

Contract Case Involving an Assigned Mortgage and Foreclosure Gone Awry

Cogswell v. CitiFinancial Mortgage Co., Inc., 08-2153, concerned a challenge to the district court's grant of defendant's motion for summary judgment, in plaintiff's breach of contract suit against defendant-CitiFinancial, after an unsuccessful appeal of the trial court's dismissal of plaintiff's action to foreclose on a mortgage assigned to it by defendant.

In reversing the judgment, the court remanded the case as, the district court based its summary judgment decision primarily on a determination that defendant never agreed to deliver the note as part of the parties' agreement to transfer the mortgage, but whether they agreed on this term is a question of fact, and plaintiff presented enough evidence from which a reasonable fact finder could conclude that it was a part of the parties' agreement.  Further, the district court's alternative basis for summary judgment, that defendant's alleged breach did not cause plaintiff's damages, was also erroneous as, under the circumstances of this case, the causation question should have been resolved in plaintiff's favor as a matter of law.

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