Crowder dismisses case in wrongful foreclosure suit

Amelia Flood Feb. 1, 2010, 10:33am


Madison County Circuit Judge Barbara Crowder has dismissed a suit over a foreclosed Alton home.

Crowder granted the defendants in the case summary judgment on all but the first count of the suit Jan. 29.

Crowder found in favor of US Bank on the remaining negligence
count Feb.1.

A copy of her Feb. 1 order is not yet available.

Crowder's order came just weeks after plaintiff's attorney Robert Gregory withdrew from the suit.

Plaintiff Evelyn Casey-Braxton sued US Bank National Association, Codilis & Associates P.C. and Mary Delano for damages in excess of $50,000 per count, punitive damages, costs and other relief.

She claimed that US Bank prematurely foreclosed on her home in May 2006. She claims that the defendants foreclosed even after Casey-Braxton rectified a delinquency.

The plaintiff further contends that the defendants maliciously prosecuted the foreclosure and that its complaint was "wholly and completely false."

Her suit also includes counts of abuse of process and negligence.
Crowder dismissed all of the four counts with prejudice.

She had taken Casey-Braxton's charge of negligence against US Bank under advisement before entering her order Monday.

Casey-Braxton is listed as pro se.

US Bank and Mary Delano are represented by Christopher Hohn. Codilis is represented by AJ Bronsky.

The case is Madison case number 06-L-1028.

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