for fraud against US Bank. Highlights from the opinion include:
' ¶17 During the course of litigation after remand, the District Court learned that the sworn statements made by U.S. Bank to the court,
about documents accurately communicating to McCulley the terms of the
18-month loan, and on which the court had relied in granting
summary judgment, were inaccurate. Specifically, the court learned that the May 26 “letter” the Bank indicated had
been sent to McCulley did not exist; the “term sheet”
that Feurt had attested contained
the terms of the loan did not exist; and affidavits
submitted by the Bank indicating that it had never represented to McCulley that she would obtain a 30-year mortgage were
untrue.
and
¶ 56, 331 Mont. 231,130
P.3d 634. “[T]he price for dishonesty must be made unbearable to thwart the inevitable temptation that zealous advocacy
inspires.” Richardson,
¶ 56 (citation and internal quotation omitted).
and
"However, the Bank instead attempted to litigate by ambush, which the court
rightly prohibited.
and
(i)
Indifference to or Reckless
Disregard for the Safety of Others
¶47
The second factor in assessing reprehensibility is whether the Bank exhibited
indifference or reckless disregard for the health and safety of
McCulley. The Bank knew McCulley may well lose her home when it
switched the terms of her loan and thus knew its conduct
could cause serious
emotional distress to McCulley. McCulley
worked in good faith to negotiate
a change in loan terms, and the Bank agreed, only to renege when McCulley attempted to honor the agreement.
Andy Patten and Patricia Peterman of PPB & G of Billings Montana represented Mcculley in her civil bank case. For the full opinion see here mt opinion HERE
Mcculley is currently serving a one year sentence for allegedly impersonating a civil servant while investigating the fraud. Her conviction is on appeal in the Ninth Circuit. Lenore Albert, of Hunting ton Beach CA, who represents Mcculley in her criminal appeal, is hopeful the wrongful conviction will be overturned.
