FRANKLIN AMER. MORTG. v. UNIVERSITY NAT'L BANK

No. 18-5035.

910 F.3d 270 (2018)

FRANKLIN AMERICAN MORTGAGE COMPANY, Plaintiff-Appellee, v. The UNIVERSITY NATIONAL BANK OF LAWRENCE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 6, 2018.


Attorney(s) appearing for the Case

ARGUED: Anthony V. Narula , AXS LAW GROUP, PLLC, Miami, Florida, for Appellant. Charles M. Cain, II , CAIN LAW FIRM, Franklin, Tennessee, for Appellee. ON BRIEF: Anthony V. Narula , AXS LAW GROUP, PLLC, Miami, Florida, for Appellant. Charles M. Cain, II , CAIN LAW FIRM, Franklin, Tennessee, for Appellee.

LARSEN, J., delivered the opinion of the court in which COOK and MERRITT, JJ., joined. MERRITT, J. (pgs. 284-85), delivered a separate concurring opinion.


OPINION

Franklin American Mortgage Company (FAMC) purchased two loans from the University National Bank of Lawrence (UNB) and promptly resold them to Wells Fargo. Years later, Wells Fargo discovered defects in UNB's underwriting and demanded that FAMC repurchase the loans or indemnify Wells Fargo for its losses....

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