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Foreclosure Law
 
United States of America v. Momoud Aref Abaji United States District Court for the Southern District of California - Santa Ana, California

Santa Ana, CA - Orange County Man Sentenced to 108 Months in Federal Prison in $21 Million ‘Builder Bailout’ Fraud Scheme

An Orange County man was sentenced to federal prison for his leadership role in a “builder bailout” mortgage fraud scheme.

Momoud Aref Abaji, 37, of Huntington Beach, was sentenced to 108 months in prison by United States District Judge Andrew Guilfo... More...
   $0 (07-19-2018 - CA)

Thomas J. Litterer v. Rushmore Loan Management Services, LLC District of Minnesota Federal Courthouse - Minneapolis, Minnesota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This appeal arises from a foreclosure on the home of Thomas and Mary Litterer
in Burnsville, Minnesota. The home was sold at a sheriff’s sale to U.S. Bank, the
mortgage owner, in November 2014. The redemption period—that is, the period
during which the Litterers could pay off their debt and “redeem” their
property—expired on March 1, 2015. On March 2, the Litterers sued their loan<... More...
   $0 (07-12-2018 - MN)

Christina Felts v. Wells Fargo Bank, N.A. Middle District of Florida Federal Courthouse - Tampa, Florida

Christina Felts appeals from an order granting summary judgment in favor of her mortgage servicer, Wells Fargo Bank, N.A. (“Wells Fargo”), with respect to Felts’ claim that Wells Fargo failed to conduct a reasonable investigation into the accuracy of its credit reporting of her mortgage loan, in violation of the Fair Credit Reporting Act (“the FCRA” or “the Act”), 15 U.S.C. § 1681 et seq. The dist... More...   $0 (06-27-2018 - FL)

Martha A. McNair v. Maxwell & Morgan, P.C., et al. District of Arizona Federal Courthouse - Phoenix, Arizona

Plaintiff Martha McNair appeals the district court’s grant of Defendant’s summary judgment motion in her action under the Fair Debt Collection Practices Act (“FDCPA” or the “Act”) and its denial of McNair’s motion for partial summary judgment. McNair’s complaint alleged that Defendants, including the law firm Maxwell & Morgan P.C., violated the FDCPA in their efforts to collect unpaid homeowner as... More...   $0 (06-27-2018 - AZ)

United States of America v. Jasmin Polanco District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Real Estate Attorney Sentenced for Role in Sweeping Mortgage Fraud Conspiracy

A real estate attorney was sentenced today in connection with a sweeping conspiracy to defraud banks and mortgage companies by engaging in sham “short” sales of residential properties in Merrimack Valley.

Jasmin Polanco, 37, of Methuen, was sentenced by U.S. Senior District Court Judge Doug... More...
   $0 (06-21-2018 - MA)

United States of America v. Stuart Hankin United States District Court for the Southern District of Florida - Miami, Florida

Miami, FL - Real Estate Investor Pleads Guilty to Rigging Bids at Online Foreclosure Auctions

First Guilty Plea Involving Foreclosure Auctions in Florida

Real estate investor Stuart Hankin pleaded guilt on June 20, 2018 for his role in a conspiracy to rig bids, in violation of antitrust law, at online public foreclosure auctions in Florida, the Department of Justice announced. H... More...
   $0 (06-20-2018 - FL)

United States of America v. Ivan Spinner Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Jackson, MS - Sixth Mississippi Real Estate Investor Pleads Guilty to Conspiring to Rig Bids at Public Foreclosure Auctions

Mississippi real estate investor Ivan Spinner became the sixth real estate investor to plead guilty in connection with the ongoing investigation into bid rigging at public real estate foreclosure auctions in Mississippi, the Department of Justice announced.

... More...
   $0 (06-19-2018 - CA)

United States of America v. Robert Farrace Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Fresno, CA - Modesto Real Estate Attorney Sentenced to Two Years in Prison for Fraudulent Short-Sale Scheme

Robert Farrace, 54, of Modesto, was sentenced on June 18, 2018 to two years in prison for a fraudulent short-sale scheme, U.S. Attorney McGregor W. Scott announced.

On November 14, 2017, a jury found Farrace guilty of three counts of wire fraud in connection with the scheme... More...
   $0 (06-18-2018 - CA)

Internal Revenue Service v. William Charles Murphy District of Maine Federal Courthouse - Portland, Maine

In this case, we need to determine
whether an employee of the Internal Revenue Service ("IRS")
"willfully violate[d]" an order from the bankruptcy court
discharging the debts of debtor-taxpayer William C. Murphy, as
that term is used in 26 U.S.C. § 7433(e). After careful
consideration, we hold that an employee of the IRS "willfully
violates" a discharge order when the emplo... More...
   $0 (06-07-2018 - ME)

Von Becelaere Ventures, LLC v. James Zenovic

James Zenovic doing business as James Zenovic Construction (Zenovic) appeals
an order denying his petition to compel arbitration in an action filed by Von Becelaere
Ventures, LLC (VBV) in San Diego County. The trial court determined Zenovic waived
his right to compel arbitration by filing a separate complaint in Orange County to
2
foreclose on a mechanics lien without complyin... More...
   $0 (06-07-2018 - CA)

James C. Mason, a/k/a Jim Mason v. Farm Credit of Southern Colorado, ACA, and Farm Credit of Southern Colorado, FLCA.

Between 2008 and 2011, Zachary Mason (“Zach”) farmed several properties in
Otero County, Colorado. During this time, Zach executed several loan agreements with
Farm Credit of Southern Colorado, ACA, and Farm Credit of Southern Colorado, FLCA
(collectively, “Farm Credit”). As part of the loan agreements, Farm Credit owned a
perfected security interest in some of Zach’s crops, ... More...
   $0 (06-05-2018 - CO)

STATE OF OHIO v. JEANNE HARRINGTON

On the morning of August 16, 2011, Harrington placed a call to the Avon Lake
Police Department to notify them that her husband had committed suicide. Upon arriving at the
marital residence, officers found the victim lying on a couch with his head wrapped in plastic.
They also found a purported suicide note that was typewritten, but signed in ink with the victim’s
name. The c... More...
   $0 (06-03-2018 - OH)

Placer Foreclosure, Inc. v. Solomon Aflalo

Placer Foreclosure, Inc., acting as trustee, conducted
a foreclosure sale of property owned by Solomon Aflalo. The
foreclosure sale resulted in surplus proceeds. When Aflalo filed a
wrongful foreclosure action against Placer and the third-party
buyer, Pro Value Properties, Inc., Placer filed a complaint in
interpleader and deposited the surplus proceeds with the court.
Plac... More...
   $0 (05-31-2018 - CA)

D.C. Randall, Jr. v. Ditech Financial, LLC

D.C. Randall, Jr., appeals from a judgment dismissing his operative second
amended complaint (complaint) against Ditech Financial, LLC (Ditech) after the trial
court sustained Ditech's demurrer to the complaint without leave to amend. Randall
2
contends the court erred in its ruling as to his causes of action for violation of the federal
Fair Debt Collection Practices Act (FDC... More...
   $0 (05-28-2018 - CA)

GranCare, LLC v. D/b/a VAle Healthcare Center v. Ruth Thrower Northern District of California Federal Courthouse - San Francisco

Defendant-Appellant GranCare LLC (“GranCare”)
removed a diversity case to federal court, arguing that the
sole non-diverse defendant, nursing home administrator
Remy Rhodes, was fraudulently joined as a defendant in
order to defeat diversity and prevent removal. The district
court remanded the case and awarded costs and attorney’s
fees to Plaintiffs pursuant to 28 U.S.C. § ... More...
   $0 (04-30-2018 - ca)

Integrated Lender Services, Inc. v. County of Los Angeles, Juan Velasquez

When a trustee sold at foreclosure property once owned by
a convicted fraudster, there were surplus proceeds. Following
statutory procedures (Civ. Code, § 2924j), the trustee deposited
the surplus funds with the trial court for determination of the
proper distribution. There were two claims to the funds: (1) the
County of Los Angeles, which had been awarded criminal
restitu... More...
   $0 (04-28-2018 - CA)

CASEY SHELDON WOODS a/k/a CASEY WOODS v. STATE OF MISSISSIPPI

Doris Tenner and Pierre Tenner were married and lived at Fourteen Hampton Court
in Natchez, Mississippi. Doris’s and Pierre’s marriage became volatile over time and
eventually deteriorated. Some time after Doris and Pierre separated, Doris began dating
Woods in April 2015.
¶5. On May 4, 2015, Pierre called Doris, but she did not answer the phone. Later, Pierre
came home fr... More...
   $0 (04-16-2018 - MS)

United States of America v. Herzel Meiri and Amir Meiri Southern District of New York - New York, New York

New York, NY - Father And Son Plead Guilty In Mortgage Fraud Scheme

HERZEL MEIRI and AMIR MEIRI pled guilty on April 10, 2018 to conspiracy to commit wire fraud and bank fraud before the U.S. District Judge Edgardo Ramos, in connection with their scheme to fraudulently induce distressed homeowners to sell their homes for little or no consideration to a company they owned and controlled. ... More...
   $0 (04-12-2018 - NY)

United States of America v. Kevin Moore and Terry Tolar Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

Jackson, MS. - Mississippi Real Estate Investors Plead Guilty to Conspiring to Rig Bids at Public Foreclosure Auctions

Real estate investors Kevin Moore, Chad Nichols, and Terry Tolar pleaded guilty on April 10, 2018 for their roles in a conspiracy to rig bids at public real estate foreclosure auctions in Mississippi.

Including Moore, Nichols, and Tolar, five real estate investo... More...
   $0 (04-10-2018 - ms)

Mats A. Samuelsson and Maria A. Samuelsson v. HSBC Bank USA, N.A. District of Massachusetts Federal Courthouse - Boston, Massachusetts

Mats and Maria Samuelsson
appeal from the dismissal of their action in the nature of a
petition for declaratory judgment, by which they sought, among
other things, an injunction against a foreclosure sale of their
house. We affirm.
According to their allegations, appellants entered into
a loan refinancing arrangement in May 2006. They signed a $560,000
promissory note p... More...
   $0 (04-01-2018 - MA)

United States of America v. Kenneth Mabrie Western District of Missouri Federal Courthouse - Kansas City, Missouri

Kansas City, MO - Raytown Landlord Sentenced for Bankruptcy Fraud

A Raytown, Mo., man has been sentenced in federal court for engaging in a bankruptcy fraud scheme in order to prevent dozens of rental properties from being sold by the county for failure to pay property taxes.

Kenneth Mabrie, 68, of Raytown, was sentenced by U.S. District Judge Brian C. Wimes on Thursday, March 2... More...
   $0 (03-23-2018 - MO)

Jaime Gonzalez v. Owens Corning Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

This appeal involves a putative class action brought by consumers in four states who alleged that Appellees Owens Corning and Owens Corning Sales, LLC (collectively, Owens Corning) sold defective roof shingles and misrepresented the shingles’ expected useful life. Appellants challenge an order of the United States District Court for the Western District of Pennsylvania denying class certification.... More...   $0 (03-22-2018 - PA)

Heriberto Ponce v. Wells Fargo Bank

The trial court found that Ponce and Aranda’s complaint was presented primarily for an
improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the
cost of litigation. (§ 128.7, subd. (b)(1).)
On appeal, Ponce and Aranda argue that the claims asserted in their complaint
were not frivolous and therefore, could not have been asserted for an improper purpos... More...
   $0 (03-17-2018 - CA)

Edward Davidson v. Seterus, Inc.

At issue in this appeal is whether mortgage servicers can be "debt collectors"
under California's Rosenthal Fair Debt Collection Practices Act (the Rosenthal Act; Civ.
Code,1 § 1788 et seq.). There is a split of authority among the many federal district
courts that have considered the issue, and there is a paucity of California authority
addressing the question.
In this case, t... More...
   $0 (03-14-2018 - CA)

California DUI Lawyers Association v. California Department of Motor Vehicles

The California DUI Lawyers Association and attorney
Stephen R. Mandell (collectively, CDLA) brought a taxpayer
action against the California Department of Motor Vehicles and
Jean Shiomoto, director of the Department (collectively, DMV).
CDLA alleged that the DMV conducts administrative hearings to
determine whether automatic suspension of a driver’s license is
warranted aft... More...
   $0 (03-03-2018 - CA)

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