Vail v. Derwinski’s Empirical Analysis
946 F.2d 589 · 1991
Citation profile
6 federal appellate · 2 district · 1 state decisions
Relationships
Relies on Mullane v. Central Hanover Bank & Trust Co. · Allen v. Wright · Fuentes v. Shevin · Clearfield Trust Co. v. United States · Mennonite Board of Missions v. Adams
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]e cannot agree with the Whitehead premise that when the state provides dual foreclosure procedures the judicial foreclosure procedure is primary and the nonjudicial procedure is secondary. No rationale exists for this conclusion.”
3 later decisions quote this exact passage · from the majority“[T]he VA's right to indemnity derives from a contract independent of the mortgage. As indemnitor the veteran is in the same position as the guarantor: accordingly ... [the state] law does not impair the VA's right of indemnification and ... there is no need for finding federal preemption.”
2 later decisions quote this exact passage · from the majority“imposes a heavy obligation on the veteran, one that weighs even heavier when the veteran allows a purchaser to assume the VA loan and does not obtain a release from the VA. The veteran then cannot ensure that the new owner will comply with the mortgage covenants, yet the veteran is still liable for the new owner’s default. This unenviable situation is exacerbated when the veteran receives no notice of foreclosure and cannot ensure that fair value is received, nor can the veteran redeem if he is unaware of the sale. Although perhaps this scheme is enforceable as between private parties, government participation in this type of foreclosure procedure raises serious due process questions.”
1 later decision quote this exact passage · from the majoritye.g. Boley v. Principi
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.