Daniel Mathews Eaton is a lawyer practicing real estate, real estate litigation, commercial real estate and 35 other areas of law. Daniel received a B.A. degree from The University of Montana, and has been licensed for 18 years. Daniel practices in Minneapolis, MN.
About Daniel Mathews Eaton
Awards
Reviews for Daniel
Services
Areas of Law
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Real Estate 2
- Commercial Real Estate
- Commercial Leasing
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Property Tax Appeals
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Bankruptcy
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Business Law 4
- Closely Held Business Law
- Small Business Law
- Business Planning
- Business Formation
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Debtor and Creditor 1
- Collections
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Intellectual Property 3
- Copyrights
- Trademarks
- Trade Secrets
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Construction Law
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Entertainment Law
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General Practice
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Consumer Law
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Eminent Domain
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Banking Law
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Contracts
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Other 17
- Real Estate Litigation
- Banking Litigation
- Fair Lending
- Bankruptcy Litigation
- Limited Liability Companies
- Partnerships
- Bank Mergers and Acquisitions
- Buying and Selling Business
- Commercial
- Debtor and Creditors
- Lawsuits
- Buying and Selling Real Estate
- Zoning and Land Use
- Consumer Litigation
- Mediation/Arbitration/Adr
- Foreclosure
- Landlord/Tenant
Practice Details
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Firm InformationPositionSenior Associate
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Representative Cases & TransactionsCases
Althaus v. Cenlar Agency, Inc., 17-CV–445-JRT-DTS, 2017 WL 4536074 (D. Minn. Oct. 10, 2017). Claims arose from servicer's failure to pay borrower’s property taxes on time from escrow account. Court denied servicer’s motion to dismiss, finding that borrower had provided a basis for claims against the servicer under the Real Estate Settlement Procedures Act (RESPA)
Minnesota’s mortgage servicing laws.Wirtz v. JPMorgan Chase Bank, N.A., 185 F.Supp.3d 1140 (D. Minn. 2016)
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
2016 WL 5402742 (D. Minn. Sept. 26, 2016). Client awarded $50,962.55 in damages
attorney fees against Specialized Loan Servicing due to mortgage servicer’s failure to properly investigate
respond when borrower notified his servicer of errors related to payments on his mortgage loan.
Roloff v. v. Transform Design Solutions, LLC, No. 27-CV-16-3716 (Minn. Dist. Ct. 4th Dist. June 14, 2016). Client awarded $36,000.00 against home improvement contractor due to contractor’s failure to timely complete home remodeling project
due to defects in work completed by contractor.
Quito v. Jaan Properties LLC, No. 27-CV-14-10131 (Minn. Dist. Ct. 4th Dist. Jan. 20, 2015). Client awarded $27,075.00 against home improvement contractor when contractor accepted payment for home remodeling project
but failed to commence work.
proper assignment of mortgage.
Koller v. Lakes Area Home Buyers, Case. No. 62-CV-10-6101 (Minn. Dist. Ct. Nov. 16, 2011)
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
bankruptcy discharge. After the homeowners survived summary judgment on 16 of 22 claims against the lender, including fraud, the parties settled.
Experience
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Bar Admission & MembershipsAdmissionsUnited States Bankruptcy Court for the District of Minnesota
United States Court of Appeals for the Eigth Circuit
United States District Court for the District of Minnesota
2008, Minnesota
MembershipsMinnesota State Bar Association
Hennepin County Bar Association -
Education & CertificationsLaw SchoolUniversity of St. Thomas
Class of 2008
J.D.
cum laude
Other EducationThe University of Montana
B.A.
with honors
Legal CertificationsMinnesote State Bar Association Certified Real Property Specialist, SuperLawyers Rising Star: 2014, 2015, 2016, 2017