Full Credit Bid Rule Bars Recovery for Wrongfully Enjoined Lender

By:  Michelle Keogh

On June 30, 2014, Judge James A. Teilborg, a Senior District Judge in Arizona, ruled that Tri City National Bank (“TCNB”) was not entitled to bond money posted by the plaintiffs after TCNB was wrongfully enjoined from executing a trustee sale.  Grady v. Bank of Elmwood, 2014 WL 2930510 (D. Ariz. June 30, 2014).

In Grady, the plaintiffs initially sought injunctive relief against Bank of Elmwood (“BOE”).  Plaintiffs signed a promissory note and a deed of trust with BOE for their home loan of just over $1.8M.  Less than a year later, the plaintiffs filed suit in Maricopa County Superior Court seeking to have the note voided for fraud. … Read More »

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