First Nebraska Educators Credit Union v. U.S. Bancorp and U.S. Bank

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First Nebraska Educators Credit Union v. U.S. Bancorp and U.S. Bank

Case Number
S-15-0617
Call Date
March 1, 2016
Court Number
Sarpy
Case Summary

S-15-0617 First Nebraska Educators Credit Union (Appellant) v. U.S. Bancorp and U.S. Bank National Association N.D.

Sarpy County, Judge David K. Arterburn

Attorneys: Justin A. Roberts, Lustgarten & Roberts, for appellant. Patrick R. Turner, Stinson Leonard Street, for appellee.

Civil: Wrongful Foreclosure

Proceedings Below: Court sustained U.S. Bank's motion to dismiss.

Issue: 1. The Trial Court erred in granting US Bank's Motion to Dismiss, because the Credit

Union's Request for Notices entitled it to receive Notice of Trustee's Sale under Neb. Rev. Stat ' 76-1008(3). 2. The Court erred in granting US Bank's Motion to Dismiss, because the Credit Union plead facts in its Amended Complaint that were sufficient so as to state a claim to relief that was plausible on its face. 3. The Trial Court's interpretation and application of Neb. Rev. Stat. ' 76-1008 is against the statutory scheme, public policy and the legislatures intent with regard to the purpose of the Notice provisions set-forth in the Nebraska Trust Deeds Act.