Bush v. City of Cottleville

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that that section 50(a) does .not create substantive rights beyond a defense to foreclosure of a lien securing a constitutionally noncompli-ant loan
• holding requirements in section 50(a) “only assume constitutional significance when their absence in a loan’s terms is used as a shield from foreclosure”
• noting that breach of contract is “an appropriate cause of action for relief from a lender’s post-origination failure to honor [a home-equity loan’s] terms and conditions”
• explaining that courts interpret words in the constitution as they are generally understood
• explaining that “the forfeiture remedy [is not] a constitutional remedy unto itself” but may be enforced “through a breach-of-contract claim when the constitutional forfeiture provision is incorporated into the terms of a home-equity loan”
• applying common usage and common sense to define contractual meaning of “correct”

Source: CourtListener parenthetical corpus (CC0).