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NOTABLE CASES


Chersus Holdings, LLC v. Bank of New York Mellon, Nevada Supreme Court Case No. 74546

 Successfully argued the district court erred by finding that claim preclusion barred the complaint filed by Chersus in 2015. Nevada Supreme Court reversed and remanded.

Chersus Holdings, LLC v. M&T Bank, Clark County Case No. A707553

 Prevailed at bench trial and defeated Bank's argument that Federal Foreclosure Bar prohibited extinguishment of Deed of Trust at an HOA Foreclosure Sale. Bank argued the Deed of Trust was owned by Freddie Mac. Plaintiff produced substantial evidence that the Deed of Trust was owned by Bank and not by Freddie Mac. Thus, Bank failed to prove loan was owned by Freddie Mac and Federal Foreclosure Bar did not apply. (Currently on appeal as Nevada Supreme Court Case No. 79468).  

 Ocwen Loan Servicing, LLC v. Chersus Holdings, LLC, Clark County Case No. A696357

​Prevailed on Motion for Summary Judgment where Court held Deed of Trust was extinguished at HOA Sale. In rejecting Bank's arguments that sale was commercially unreasonable, the District Court found that agreement with Association was akin to a factoring agreement, sale price was not suppressed, and sale was conducted in good faith.  (Currently on appeal as Nevada Supreme Court Case No. 80781).


THE FIRM IN THE NEWS

Australis Capital receives Shareholder Derivative demand ahead of Contentious Proxy Vote


https://cannabislaw.report/australis-capital-receives-shareholder-derivative-demand-ahead-of-contentious-proxy-vote/