162599P.pdf   07/26/2017  David White  v.  CitiMortgage, Inc.
   U.S. Court of Appeals Case No:  16-2599
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Riley, Author, with Loken and Benton, Circuit Judges] 
   Civil case - Mortgage law. The district court erred in determining 
   this action was time barred by Mo Rev. Stat. Sec. 516.120, as the 
   five-year period for bringing suit regarding mortgage fraud and other 
   related claims did not commence until 2013, when the truth about the 
   status of plaintiff's property title - that defendant had failed to 
   transfer title back to plaintiff after a foreclosure sale and plaintiff's 
   reinstatement payment - was capable of ascertainment as that phrase has 
   been interpreted by Missouri's courts; the court declines to affirm on 
   the alternative basis that plaintiff's fraud and Missouri Merchandising 
   Practices Act claims fail on the merits; the dismissal of White's 
   equitable claims is also reversed, as the same, incorrect 
   statute-of-limitations analysis was the basis for the dismissal of 
   those claims; the matter is remanded for further proceedings.
  
  
162599P.pdf   06/16/2017  David White  v.  CitiMortgage, Inc.
   U.S. Court of Appeals Case No:  16-2599
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Riley, Author, with Loken and Benton, Circuit Judges] 
   Civil case - Civil procedure. Under Missouri law, the statute of 
   limitations on plaintiff's contract claims only started running when a 
   reasonable person would have been put on notice that an injury and 
   substantial damages may have occurred and would have undertaken steps to 
   ascertain the extent of the damages; here, plaintiff did not become aware 
   of the problems with the title underlying his mortgage until he tried to 
   sell the property; the suit was timely and the district court erred in 
   dismissing it as barred by the applicable five-year statute of 
   limitations; reversed and remanded for consideration of the merits of 
   plaintiff's claims.