Daniel M. Eaton

Contact: 612.823.0188
Experience:
Jurisdictions: Minnesota
8th Circuit

OVERVIEW

About Daniel M. Eaton
Dan brings to Christensen Law Office PLLC a wealth of knowledge and experience gained from working in legal and non-legal roles in the financial services industry. Dan has worked with firms in the insurance, financial planning, accounting and consulting, mortgage, and non-profit financial counseling fields. Dan is admitted to practice law in Minnesota and in the United States District Court for the District of Minnesota.

Dan’s experiences range from working with companies on complex business
transactions to working with individuals who are at risk of losing their home. Dan enjoys being able to draw from this background when advising and representing clients of Christensen Law Office.

Prior to entering the business world, Dan worked as an instructor for the National Outdoor Leadership School.

Dan received his J.D. from University of St. Thomas School of Law, graduating Cum Laude, and his B.A. from University of Montana, graduating with Honors.

Dan enjoys competing in and training for triathlons, as well as canoeing, backpacking, and any other activity that will get him outside with family and friends.

Cases and Orders

Banks v. Kondaur Capital Corporation (In re Banks), 457 B.R. 9 (B.A.P. 8th Cir. 2011) holding that a mortgage lender could not proceed with foreclosure of a homeowner in bankruptcy when the lender did not have proof of possession of the promissory note and proper assignment of mortgage.

Koller v. Lakes Area Home Buyers, Case. No. 62-CV-10-6101 (Minn. Dist. Ct. Nov. 16, 2011) and Koller v. Hoffman (In re Hoffman), 475 B.R. 692 (Bankr. D. Minn. 2012) holding that real estate property was returned to the seller in a seller-financed transaction where the buyer structured the sale to appear to an unsophisticated seller that the financing was secured by a mortgage when, in fact, it was not. When the buyer later filed bankruptcy, the debt owed to the seller was deemed non-dischargeable due to the buyer’s fraud in the transaction.

Nelson v. Faithful Financial, LLC, Civ. No. 10-3405 (D. Minn. Feb. 10, 2011) holding that homeowners were not barred by res judicata from pursuing fraud claims against a mortgage lender even though the homeowners, who had previously filed bankruptcy, discovered the fraud after Chapter 13 bankruptcy plan confirmation and bankruptcy discharge. After the homeowners survived summary judgment on 16 of 22 claims against the lender, including fraud, the parties settled.

Vdakes v. Mansion on Mt. Curve, Case No. 27-CV-HC-10-669 (Minn. Dist. Ct. Feb. 16, 2010) holding that stay of eviction was necessary when tenant sued landlord over claims including breach of the lease agreement and landlord then attempted to evict tenant.

Credit Acceptance Corp. v. Chakolis, Case No. 27-CV-O8-29096 (Minn. Dist. Ct. Dec. 12, 2011) holding that the statute of limitations on a “retail installment contract” for financing an automobile purchase was limited to four years because the transaction qualifies as a sale of goods under the Uniform Commercial Code. Creditor’s case against the debtor was dismissed because the creditor did not commence its case until more than four years after the debtor made her last payment toward the contract.

Aarnio v. Village Bank, Case No. 13-CV-11-773 (Minn. Dist. Ct. Oct. 22, 2012) holding that a mortgage, alleged to be obtained without the property owner’s knowledge due to fraud, was void because the lender recorded the mortgage after the property was conveyed to a contractor to secure a construction loan.

Presentations

“Helping the Distressed Homeowner in Foreclosure,” 2012 Mortgage Foreclosure Conference (Minn. CLE June 12, 2012).

Community Involvement

Board member, YMCA Camp Menogyn
Directory Practice Areas
  • Bankruptcy
  • Business Law
  • Foreclosure Defense
  • Real Estate Law
Jurisdictions Admitted to Practice
Minnesota 
8th Circuit 

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Christensen Law Office PLLC
800 Washington Ave. N.
Suite 704
Minneapolis, MN 55401
USA
Telephone: 612.823.0188