Download PDF

News & Events

Galloway Wins on Summary Judgment in Western District of Missouri

Galloway Directors Carolyn Geoghegan and Branch Sheppard secured another complete victory in United States District Court for the Western District of Missouri, as the Court granted the firm’s Motion for Summary Judgment on all six counts in a mortgage litigation matter.
From the beginning, our attorneys believed that the facts did not support the Plaintiff’s claims or monetary damages Plaintiff sought in excess of $5,000,000.  In this case, the Plaintiff alleged he was entitled to fee simple ownership of his home and avoidance of his parent’s mortgage after his parents passed away, and he claimed intentional and negligent infliction of emotional distress, slander of title, and unjust enrichment and sought actual and punitive damages and attorneys’ fees among other categories of damages.
Carolyn and her team developed a strategy to successfully argue against those claims, asserting that our client had legal justification to pursue its interest in the Property and maintain a valid and subsisting mortgage lien.  The Court agreed and also granted the client’s Counterclaim for judicial foreclosure of the Property, finding that our client had a statutory right to foreclose.
With local, results-driven representation supported by our regional reach, Galloway’s expert strategy made the difference in this case, securing a win for both the firm and our client.