Contracts Keyed to George
Davis v. G.N. Mortgage Corp.
Illinois inhabitants Thomas and Cathy Davis (plaintiffs) recorded suit in federal court against G.N. Mortgage Corporation (G.N.) (defendant), and others, for breach of contract related to a mortgage contract the Davises had entered with G.N. At the loan closing, the Davises asserted Patricia Bogdanovich (litigant), a delegate of the title insurance agency, furnished them with two piles of records believed to be identical and containing a two-year prepayment penalty. The Davises marked one arrangement of archives and held an unsigned set for their records. From that point, G.N. sold the Davises' home loan to Countrywide Home Loans, Inc. (Countrywide) (defendant), which educated the Davises that a five-year prepayment penalty period connected to their home loan, not a two-year time frame. The district court granted defendants’ motion for summary judgment. The Davises appealed.
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