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U.S. Bank National Association v. Ibanez
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
This case involved two cases with very similar facts. U.S. Bank National Association (“U.S. Bank”) and Wells Fargo Bank, N.A. (“Wells Fargo”) (collectively known as “Plaintiffs”) both foreclosed on a property and both purchases the property again at the foreclosure sale. Plaintiffs filed a claim requesting the court to declare them to be the fee simple owners of the foreclosed properties. U.S. Bank alleged that it was previously assigned its mortgage under a trust agreement. However, U.S. Bank did not present the trust agreement to the court. Yet, U.S. Bank did present a private placement memorandum (“PPM”), which expressed that the mortgage “will be” assigned to the trust. Additionally, Wells Fargo alleged that it was assigned its mortgage and tried to support that assertion with an unsigned copy of a pooling and servicing agreement (“PSA”) and a mortgage loans schedule,which allegedly contained the mortgage at issue. Nonetheless, the PSA only included the loan amounts, zip codes, and cities, not the property addresses, mortgagors’ names, or loan numbers. Subsequently, the trial court held against Plaintiffs, and Plaintiffs appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.