REDMOND v. FIFTH THIRD BANK

No. 08-4288.

624 F.3d 793 (2010)

James A. REDMOND, Plaintiff-Appellant, v. FIFTH THIRD BANK, f/k/a Pinnacle Bank, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 20, 2010.


Attorney(s) appearing for the Case

David P . Von Ebers (submitted), Attorney, Help-U-Settle Attorneys, Oak Park, IL, for Plaintiff-Appellant.

Edward J. Lesniak , Attorney, Burke, Warren, Mackay & Serritella, Chicago, IL, for Defendant-Appellee.

Before EASTERBROOK, Chief Judge, and KANNE and SYKES, Circuit Judges.


SYKES, Circuit Judge.

In 1996 James Redmond defaulted on his home mortgage and filed for Chapter 13 bankruptcy protection against his lender Pinnacle Bank ("Pinnacle"), now known as Fifth Third Bank. The bankruptcy court entered an Agreed Order, pursuant to which Redmond made monthly payments and owed a "balloon payment" for the balance of the mortgage on April 1, 1998. To obtain financing for this balloon payment, Redmond requested a payoff letter from Pinnacle detailing...

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