Heier v. Barnett CA4/3
Thelma Barnett appeals from a judgment quieting title to a piece of property held as security for a loan, in favor of Michelle Heier, as trustee of the Michelle Anne Heier Family Trust, and awarding damages to Heier for overpayment of that loan obligation. The parties’ dispute over whether the loan had been fully paid, as Heier claimed, centered on: (1) whether Heier had been obligated to pay contractual fees and interest triggered by late or insufficient payments, in addition to the loan’s regular principal and interest, and (2) whether all the claimed payments had actually been made or if some claimed payments had been falsified. The trial court resolved those issues in favor of Heier, concluding she had fully paid the loan in April 2011, and that she was entitled to be reimbursed $40,153 for the additional payments she had mistakenly made to Barnett through February 2012.
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