Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Hildebrand v. Bank of Am. NA

The two loans at issue were not "inextricably intertwined" such that one creditor's failure to obtain conformation of a non-judicial foreclosure barred the second creditor's right to recover in its suit on a note.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Janet Hildebrand appeals the trial court’s grant of summary judgment to Bank of America, N.A., on its suit on a note for $50,844. Hildebrand argues that the court erred in granting the motion because the note was secured by a second mortgage that was “inextricably intertwined” with the first mortgage, which was foreclosed upon but not confirmed. For the reasons that follow, we affirm.

Hildebrand bought a condominium in July 2006. She borrowed $257,380 from the CDC Federal Credit Union, which prepared an “80-20″ mortgage loan package for her to sign. At the closing, Hildebrand signed two promissory notes, one for $205,100 and one for $51,280, each of which was secured by a separate deed on the property being purchased. The security deed on the larger note was given first priority, and the deed securing the smaller note was given second priority. Both deeds were dated July 31, 2006, and identified Hildebrand as the borrower and CDC Federal Credit Union as the lender. The deeds differed only slightly, in that the first priority security deed required Hildebrand to occupy the property within 60 days and remain there for at least a year unless the lender agreed otherwise in writing or the borrower experienced extenuating circumstances beyond her control. Another difference is that the final paragraph of the secondary lien deed, titled “Request for Notice of Default and Foreclosure Under Superior Security Deeds, Mortgages or Deeds of Trust,” states,

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
President and Dean

Search for the President and Dean California Western School of Law San Diego, California California Western School of Law (California ...


Apply Now ›
Capital Markets Junior Associate (Flex Location/Hybrid Schedule)

Duane Morris LLP has an opening for an associate with 2-3 years of experience with strong capital markets and corporate transactional backgr...


Apply Now ›
(EXCLUSIVE) SENIOR BAD FAITH TRIAL COUNSEL WANTED FOR LEADING PROVIDER OF PROFESSIONAL LIABILITY INSURANCE (Atlanta, GA or Florida)

Our client, an established provider of professional liability insurance, has engaged us to identify a highly-qualified Senior Bad Faith Tria...


Apply Now ›
Go to Lawjobs