Knope v. Green Tree Servicing, LLC

The superior court determined that Appellants were liable for certain charges beyond undisputed amounts of principal and interest owed pursuant to a promissory note owned by Appellee. The note had been secured by a mortgage but an assignment failed to convey to Appellee all of the rights created by the mortgage. “[T]o avoid unjust enrichment,” the judgment allowed Appellee to retain the entire disputed amount. The Supreme Court vacated the judgment in part because the trial court did not sufficiently distinguish which charges were obligations pursuant to the note and which charges were obligations only pursuant to the invalid mortgage. The court remanded the case for a determination of what amount, if any, Appellee may retain pursuant to the note. View "Knope v. Green Tree Servicing, LLC" on Justia Law