On July 27, 2021 a
Letter,Correspondence
was filed
involving a dispute between
Deutsche Bank National Trust Company, As Trustee,
and
Schwartz , Charles,
Schwartz , Dianna,
for CC Promissory Note
in the District Court of Jefferson County.
Preview
KUTAKROCK Kutak Rock LLP.
Two Pershing Square, 2300 Main Street, Suite 800, Kansas City, MO 64108-2432
office 816.960.0090
Justin M. Nichols
816.502.4644
justin.nichols@kutakrock.com
August 31, 2023
Judge Travis Partney
Circuit Court of Jefferson County, Missouri
300 Main Street
Hillsboro, Missouri 63050
Re: Document referenced in hearing in Deutsche Bank v. Schwartz, Case No. 21JE-
CC0492
Dear Judge Partney:
I wanted to follow up on an issue raised at the summary judgment hearing in this case
yesterday. A document (the attached Loan Modification Agreement) was referenced by defense
counsel and discussed at some length with the Court, despite not having been referred to in
Defendants’ response to the summary judgment motion. The main question raised by the document
was how the balance of the loan went up in 2020 from around $183,000 to around $201,000. The
answer is in the agreement itself, in section 2—where the Defendants agreed to increase the
principal balance to account for deferred principal and interest and escrow advances. To the extent
the Court was inclined to consider argument based on this document, we thought it might be best
to provide a copy of the document to the Court rather than speculate on its contents.
Please let us know if you have any questions.
Sincerely,
GAR
Justin M. Nichols
JMN/JIMN
Loan Modification Agreement
ce: Jeffrey T. Weisman, Esq.
4870-6889-0749.1
Document Filed Date
August 31, 2023
Case Filing Date
July 27, 2021
Category
CC Promissory Note
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
KUTAKROCK Kutak Rock LLP. Two Pershing Square, 2300 Main Street, Suite 800, Kansas City, MO 64108-2432 office 816.960.0090 Justin M. Nichols 816.502.4644 justin.nichols@kutakrock.com August 31, 2023 Judge Travis Partney Circuit Court of Jefferson County, Missouri 300 Main Street Hillsboro, Missouri 63050 Re: Document referenced in hearing in Deutsche Bank v. Schwartz, Case No. 21JE- CC0492 Dear Judge Partney: I wanted to follow up on an issue raised at the summary judgment hearing in this case yesterday. A document (the attached Loan Modification Agreement) was referenced by defense counsel and discussed at some length with the Court, despite not having been referred to in Defendants’ response to the summary judgment motion. The main question raised by the document was how the balance of the loan went up in 2020 from around $183,000 to around $201,000. The answer is in the agreement itself, in section 2—where the Defendants agreed to increase the principal balance to account for deferred principal and interest and escrow advances. To the extent the Court was inclined to consider argument based on this document, we thought it might be best to provide a copy of the document to the Court rather than speculate on its contents. Please let us know if you have any questions. Sincerely, GAR Justin M. Nichols JMN/JIMN Loan Modification Agreement ce: Jeffrey T. Weisman, Esq. 4870-6889-0749.1