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173158P.pdf 02/06/2019 CitiMortgage, Inc. v. Platinum Home Mortgage, Corp.
U.S. Court of Appeals Case No: 17-3158
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Melloy, Author, with Smith, Chief Judge, and Stras, Circuit
Judge]
Civil case - Contracts. In this action alleging Platinum breached the
parties' contract by failing to repurchase seven allegedly defective loans
after Citi demanded repurchase by sending multiple notices to Platinum for
each loan, the district court erred in finding Citi failed to satisfy a
condition precedent in the agreement by failing to prescribe a time within
which Platinum could correct or cure the alleged defects as Citi
adequately and substantially complied with the contract, which neither
specified a form of notice nor indicated that the prescription of a time
for cure had to be contained in the notice; reversed and remanded for
further proceedings.