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Bank wins another foreclosure action damage claim by owner

In Danou Technical Park v. Fifth Third Bank, the plaintiff attempted to sue the bank for damages resulting from an improper foreclosure.  Danou argued that the bank had surplus funds from its foreclosure which it should be obligated to turn over to the owner.  The Court held that any claim of this nature should have been pursued in response to the complaint for foreclosure (before the surplus was achieved) and therefore the doctrine of res judicata prevented the landowner''s suit attempting to disgorge the profit the bank made on foreclosure and re-sale.

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