Joe DiSalvo, III, and Elizabeth Ann DiSalvo challenge the entry of a summary judgment resulting in a final judgment of foreclosure. Because the mortgagee, SunTrust Mortgage, Inc., failed to present competent evidence that it

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provided the DiSalvos with the requisite notice and an opportunity to cure the default before the acceleration of the mortgage debt, we reverse.
More...   $0 (06-19-2013 - FL)

Robert Eves appeals from the Judicial Council form AT-120 Right to Attach Order and Order for Issuance of Writ of Attachment. The appeal presents a single issue, one that appears to be an issue of first impression, not only in California, but in the entire country: If a surety specifically excludes a specified asset from a continuing guaranty, are the proceeds from the sale of that asset still exc... More...   $0 (06-14-2013 - CA)

In this ad valorem tax case, appellant Michael M. Carter sued the Harris County Appraisal District and the Appraisal Review Board of Harris County

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Appraisal District (collectively, the “Taxing Authoritiesâ€�) seeking judicial review of the board’s decision regarding the appraised value of real property owned by Carter. The Taxing Authorities moved to dismiss for lack of subject... More...   $0 (06-11-2013 - TX)

Patrick A. Hickey and Cecilia P. Hickey appeal from the summary judgment granted in favor of The Huntington National Bank.1 The Bank foreclosed on the

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1 The Hickeys’ loan originated with Union Federal Bank, which was subsequently acquired by Sky Financial Group, Inc. and then by Huntington National Bank though a merger in 2007. For simplicity, we will refer... More...   $0 (06-11-2013 - TX)

This is an appeal from a civil forfeiture proceeding under chapter 59 of the Code of Criminal Procedure. TEX. CODE CRIM. PROC. ANN. arts. 59.01−.14 (West 2006 & Supp. 2012). In two issues, Charles Ejekute-Obi, a licensed pharmacist

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from whom $132,265 was forfeited as proceeds gained from the unlawful dispensing of narcotics, contends the State presented (1) legally insufficient e... More...   $0 (06-11-2013 - TX)

Paula Sue Miesowitz, as trustee of the Gray Family Revocable Trust Dated 5/12/93 sued Greater Plumbing, Inc., Doug Rankin, Coles Quality Construction, Inc., Myron Cole II and Holly Cole on breach of fidicuiary duty and express and implied contract, frudulent inducement, fraud, constructive fraud, unjust enrichman, slander of title, sham process, and negligence theories claiming:

1. Plaintif... More...   $0 (06-09-2013 - OK)

These cases come before this court on four certified questions of law from 2 the United States District Court for the District of Oregon. See Brandrup v. ReconTrust 3 Co., 352 Or 320, 287 P3d 423 (2012) (accepting certified questions); ORS 28.200 to 4 28.255 (providing procedure for certifying questions to the Oregon Supreme Court and 5 authorizing court to answer certified questions). The questio... More...   $0 (06-06-2013 - OR)

2 This is the second of two cases this court decides today that is concerned
3 with the nonjudicial foreclosure of trust deeds under the Oregon Trust Deed Act (OTDA)
4 and the mortgage finance industry's practice of naming the Mortgage Electronic
5 Recording System, Inc., (MERS), rather than the lender, as a trust deed's "beneficiary."
6 In Brandrup v. ReconTrust Co., __ Or __, ___... More...   $0 (06-06-2013 - OR)

Charles Hodges and Jenilee Hodges sued Wells Fargo Bank, N.A. on a negligence theory claiming:

1. Charles M. Hodges and Jenilee Hodges (“Hodges� or “Plaintiffs�) purchased a home in Broken Arrow, Tulsa County, Oklahoma in 2007.

2. The mortgage holder was the Defendant Wells Fargo Bank, NA (“Wells Fargo�).

3. In October 2007 Charles Hodges was in active service in t... More...   $1 (06-05-2013 - OK)

This appeal involves two parallel divorce proceedings, one in Texas and one in Canada.1 In two issues, appellant Gary Willmore complains that the Texas trial court did not order reimbursement to him for the community estate’s economic contribution to property in Canada that the trial court in the Canadian divorce had previously awarded to appellee Karen A. Quigley. We affirm.

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The district court permitted the government to foreclose on federal tax liens on a ski cabin (the Ski Cabin) titled in the name of the D.E. Brown Family Trust (Family Trust), whose beneficiaries were Douglas Brown’s wife and children.

The taxes were owed by Douglas Brown (Brown) and his wife (together, the Browns), not the trust, but the court found that the Browns were the beneficial own... More...   $0 (05-29-2013 - UT)

A plaintiff must tender the original promissory note to the trial court or se... More...   $0 (05-24-2013 - FL)

¶1 Plaintiff Kris Hansen appeals the district court’s decision to grant the respective motions to dismiss filed by Defendants The Bank of New York Mellon (the Bank) and Marlon L. Bates on the basis that Hansen’s claims are barred by res judicata. We affirm.

¶2 In 2006, Hansen executed a deed of trust on certain property, naming Mortgage Electronic Registration Systems, Inc. (MERS) as ... More...   $0 (05-23-2013 - UT)

Appellant, Fresni, Inc., appeals a judgment entered in favor of appellee, Tamir Enterprises, Ltd., after the trial court granted Tamir’s motion for summary judgment. In four issues on appeal, Fresni asserts the trial court erred in rendering summary judgment in favor of Tamir and dismissing its (1) conversion claim, (2) wrongful foreclosure claim, (3) breach of contract claim, and (4) trespass t... More...   $0 (05-22-2013 - TX)

¶1 This appeal arises out of Wells Fargo’s lawsuit for the balance due on a line of credit it extended to the Brewers secured by a deed of trust on the Brewers’ former home. The
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Brewers argue that the anti-deficiency statutes prevent them from being sued directly on the debt. The trial court granted summary judgment in favor of Wells Fargo, finding the anti-deficiency statutes did n... More...   $0 (05-21-2013 - AZ)

Village Place, Ltd. purchased the Village Shopping Center with a non-recourse promissory note secured by a deed of trust pledging the property as collateral. The deed of trust included provisions that under certain circumstances created exceptions to the non-recourse nature of the loan. Bob Yari guaranteed the

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loan. When Village Place defaulted, VP Shopping, LLC (VPS), the notehold... More...   $0 (05-21-2013 - TX)

In an attempt to avert the foreclosure of her home, plaintiff Susan Young sought to modify the terms of her mortgage pursuant to the Home Affordable Modification Program ("HAMP"), a federal initiative that incentivizes lenders and loan servicers to offer loan modifications to eligible homeowners. When Young's efforts did not result in a permanent loan modification, she sued defendants Wells Fargo... More...   $0 (05-21-2013 - MA)

A woman purchased a home and fell behind on her mortgage payments.
Despite the bank having agreed to postpone a foreclosure sale, the bank proceeded with
the sale. After the woman threatened suit, the bank re-purchased the home and entered
into settlement negotiations with the woman; the bank promised to re-convey the property to the woman so that she could proceed with a sale to a thi... More...   $0 (05-17-2013 - AK)

Barrington Humphrey is the named defendant in a mortgage foreclosure suit filed by Deutsche Bank National Trust Co. On Humphrey's motion, the circuit court quashed the service of process on him. In its order, the circuit court also directed Humphrey to provide his current address to the Bank. Humphrey challenges this

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provision on appeal. The Bank has neither appealed the quasha... More...   $0 (05-17-2013 - FL)

Andre Sas appeals the trial court's final judgment of foreclosure in favor of Federal National Mortgage Association (Fannie Mae). Although Sas raises several challenges to the final judgment, we find merit in only one of his arguments. Sas argues that Fannie Mae representative Jon Greenlee's oral testimony about the amount of the debt owed by Sas to Fannie Mae was hearsay and, therefore, legally i... More...   $0 (05-17-2013 - FL)

Diane Jenkins (Jenkins) requests the reversal of the trial court‘s dismissal of her lawsuit after it sustained the two separate demurrers of (1) JPMorgan Chase Bank N.A. (Chase) and Bank of America, N.A. (B of A) and (2) Quality Loan Service Corporation (Quality). (These entities will collectively be referred to as Defendants, unless the context indicates otherwise.) In 2007, Jenkins executed a ... More...   $0 (05-17-2013 - CA)

In this appeal, we address whether a homeowner whose petition for judicial review in a Foreclosure Mediation Program (FMP) matter was granted, but whose request for a judicially imposed loan modification was denied, is an aggrieved party with standing to appeal the amount and nature of sanctions. We conclude that when the district court grants a homeowner's petition for judicial review, the homeow... More...   $0 (05-02-2013 - NV)

In these consolidated appeals, we consider whether the trial court erred in sustaining two defendants’ pleas to the jurisdiction in a suit brought by two former owners of a condominium unit against the condominium owners’ association, a contractor hired by the association, and the property manager of the condominiums. We affirm the trial court’s dismissal as to one claim, reverse the trial c... More...   $0 (05-02-2013 - TX)

Appellant Ralph Appolon was charged with one count of conspiring to commit wire fraud in violation of 18 U.S.C. § 371 and four counts of committing wire fraud in violation of 18 U.S.C. § 1343. These charges arose out of his connection to a mortgage fraud scheme. After a lengthy jury trial, Ralph Footnote was found guilty of all charges against him, and was sentenced to a term of imprisonment fo... More...   $0 (04-29-2013 - MA)

Maribel Monroy executed two promissory notes with WMC Mortgage Corp. (WMC) when purchasing a home in Richmond, California in 2006 (the Richmond property). After a foreclosure on the senior deed of trust, Heritage Pacific Financial, LLC (Heritage) acquired Monroy‘s second promissory note from WMC. Heritage sent Monroy a letter attached to a complaint and summons advising her that Heritage had fil... More...   $0 (04-25-2013 - CA)