Common hypothetical: one has a lawsuit against multiple defendants, one of whom is the “deep pocket” or most likely source of recovery. ¬†That defendant moves for judgment as a matter of law and wins (on a summary judgment motion, for example). ¬†Plaintiffs, defendants, and even the trial court might all agree that plaintiffs’ case is […]

Wells Fargo made a mortgage loan, then failed to record the mortgage for whatever (undisclosed) reason, so that, when borrower/homeowner filed for bankruptcy, Wells Fargo was a mere unsecured lender due to its failure to perfect its security interest by recording it. Wells Fargo had been designated as a secured creditor throughout the bankruptcy due […]