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Plaintiff borrower filed suit against defendant lender for breach of contract, fraud, fraudulent inducement, fraudulent suppression, and negligence, alleging, among other things, that the defendant lender orally misrepresented the terms of her $1 million mortgage loan. The case /defense presented a very difficult and unique application of the statute of frauds. BABC obtained summary judgment in favor of defendant lender wherein all claims of the plaintiff against the defendant lender were dismissed with prejudice. On or about January 23, 2009, BABC obtained summary judgment in favor of defendant lender wherein all claims of the plaintiff against the defendant lender were dismissed with prejudice. Plaintiff subsequently appealed, but, after extensive briefing, on or about June 9, 2011, the Court denied the plaintiff’s appeal and affirmed the trial court’s judgment.
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