Wendy purchаsed а hоme by putting dоwn 20% in cаsh and financing the remaining 80% with a lоan from First Federal Bank. First Federal Bank secured the loan with a mortgage, which it recorded. The mortgage contained the following due-on-sale provision: “If the mortgagor transfers his or her interest without the express written consent of the mortgagee, the mortgagee may, at its option, demand immediate payment of the entire balance of principal for the debt secured by this mortgage.”Wendy made timely payments of her mortgage installments for three years. Then she met Matt who wanted to buy the property as an investment. In exchange for a lower purchase price, Matt agreed to take over Wendy’s mortgage payments to First Federal Bank. At closing, Matt accepted a deed stating that he was assuming Wendy’s mortgage debt for the full amount owed to First Federal Bank. Matt made timely payments, which First Federal Bank accepted for several years. However, First Federal Bank has received no payments for the last four months.If First Federal Bank decides to enforce the due-on-sale clause at this time, from whom may First Federal Bank collect the principal balance?
At 11:30 p.m. оn а wаrm summer night, Dаvid is at hоme alоne in his suburban house. Earlier that week, David had a heated argument with his former business partner, Victor, over a failed investment deal. During the argument, Victor angrily told David, “You’ll regret this—I’ll come by and settle this myself.” On the night in question, both David and Victor were drinking heavily. David is at home consuming several alcoholic drinks and is visibly intoxicated. Meanwhile, Victor, also intoxicated, becomes increasingly agitated about the money he believes David owes him. Later that evening, David hears a loud noise coming from his backyard. He looks out the window and sees a shadowy figure climbing over his fence. Alarmed and impaired by alcohol, David retrieves a handgun he keeps in a locked drawer but does not call the police. The person entering the yard is Victor. Still angry and intoxicated, Victor approaches the back door, finds it locked, and picks up a nearby rock to smash a glass pane. He reaches inside and unlocks the door, entering the house without permission. Inside, David hears the glass shatter and, frightened, positions himself at the end of a dark hallway leading to the kitchen. As Victor steps inside and walks toward him, David shouts, “Get out or I’ll shoot!” Victor responds angrily, “You owe me that money,” and continues advancing. Victor then lunges toward David, grabbing him and shoving him against the wall. During the struggle, Victor forcefully reaches into David’s pocket and takes a wad of cash that David had on him. David resists, and he fires a single shot, striking Victor in the shoulder. Victor collapses but does not die. Police and paramedics arrive shortly thereafter. Victor survives the injury. After the incident, investigators discover that earlier that night, Victor had texted a friend, “I’m going to get my money from David tonight, one way or another.” Discuss all crimes that David and Victor may be charged with and raise all possible defenses.