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Foreclosure Law
 
United States of America v. Mark Demetri Stein

Dallas, TX - Final Defendant Sentenced in 'Foreclosure Rescue' Scheme

The final defendant in a high-profile north Texas “foreclosure rescue” case has been sentenced for his role in the scheme, which swindled nearly a quarter of a million dollars from at least 70 homeowners facing foreclosure, announced U.S. Attorney Erin Nealy Cox of the Northern District of Texas.

Real Estate So... More...
   $0 (09-15-2018 - TX)

SANCTUARY CONDOMINIUM ASSOCIATION INC. vs. CHRISTINE E. CASTRO

On June 2, 2015, Sanctuary filed a complaint against Castro in the Garfield
Heights Municipal Court seeking a personal judgment for $8,577.45 for the post-petition
Sanctuary Assessments and legal fees. Sanctuary claimed that there were no proceeds
available for distribution from the foreclosure sale of the Castro Unit to satisfy the
judgment.
{¶3} On October 21, 2015... More...
   $0 (09-12-2018 - OH)

The Estate of Caldwell Jones, Jr. v. Live Well Financial, Inc. Northern District of Georgia Federal Courthouse - Atlanta, Georgia

This case arises out of the foreclosure of a home-equity conversion
mortgage—commonly called a “reverse mortgage.” We are asked to interpret a
federal statute, 12 U.S.C. § 1715z-20, which authorizes the Secretary of the
Department of Housing and Urban Development to establish a mortgage-insurance
program designed to encourage lenders to offer reverse mortgages and thereby
allev... More...
   $0 (09-12-2018 - GA)

JAMES J. FORBES & FAY ANNETTE FORBES vs PRIME GENERAL CONTRACTORS, INC.

This is an appeal from a final judgment on a claim for breach of contract. James and Fay Forbes sued Prime General Contractors, Inc. for breach after Prime walked off a home construction job. The Forbeses sought damages that included payments they made to Prime under the contract, payments they made for updated

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architectural plans, certain other expenses, and a loss of ... More...
   $0 (09-09-2018 - FL)

Ditech Servicing, LLC v. Jerry Perez d/b/a Lighthouse Investments

Prior to the bench trial, the parties stipulated to the facts and to certain exhibits, from which we draw our recitation of the background facts. In their briefs, the parties make clear that the central issue in the case is the statute of limitations. The property in question is a house located in Edinburg, Texas (“the Property”). On January 13, 2006, Sarah McMaster borrowed $99,621.00 from ... More...   $0 (09-03-2018 - TX)

Novelette Mack v. All Counties Trustee Services, Inc.

Novelette Mack acquired property located at 4601 West
Slauson Avenue in 2004. Through a series of transactions that
Mack contends were fraudulent and a series of lawsuits Mack
contends resulted in void judgments, the title to the property no
longer rests with Mack.
This appeal is from a December 22, 2016 order denying a
motion to vacate an earlier judgment under Code of Civ... More...
   $0 (09-03-2018 - CA)

Martin J. Coyne v. Diego De Leo

In this unlawful detainer action filed under the Ellis Act (Gov. Code, § 7060
et seq.), defendant Diego De Leo appeals from a judgment of possession entered in favor
of his landlord, Martin J. Coyne. De Leo argues, inter alia, the trial court committed
prejudicial error in its exclusion of evidence. We agree the trial court abused its
discretion in excluding the evidence and revers... More...
   $0 (08-28-2018 - CA)

Howard Pittman v. Experian Information Solutions, Inc. Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Plaintiff Howard Pittman (“Pittman”) sued two mortgage servicers, iServe Servicing, Inc. (“iServe”) and Servis One, Inc., d/b/a BSI Financial Services (“BSI”), for negligent and willful violation of the Fair Credit Reporting Act (“FCRA”) pursuant to 15 U.S.C. §§ 1681n and 1681o. He also sued BSI for breach of contract. Pittman appeals from several decisions entered by the district court denying Pi... More...   $0 (08-25-2018 - MI)

Thomas Harry, Jr. v. Countrywide Home Loans, Inc., et al. District of Massachusetts Federal Courthouse - Boston, Massachusetts

In November 2005, Thomas and Gretchen Harry borrowed $245,350 from
Countrywide Home Loans, Inc.,1 to refinance their property in Mashpee,
Massachusetts. The Harrys defaulted on their loan in 2009, and in 2016
they initiated this action to void their transaction and enjoin their
property's foreclosure sale. The district court granted the defendants'
motion to dismiss the Har... More...
   $0 (08-23-2018 - MA)

Elaine Levins v. Healthcare Revenue Recovery Group, LLC District of New Jersey Federal Courthouses

In this appeal, we interpret three provisions of the Fair
Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692-
1692p. Elaine and William Levins allege that Healthcare
3
Revenue Recovery Group LLC (“HRRG”) violated
§§ 1692e(14), 1692d(6), and 1692e(10) by leaving telephone
voice messages that did not use its true name, did not
meaningfully disclose its identity, a... More...
   $0 (08-23-2018 - NJ)

Ron Hacker as Trustee, etc. v. Homeward Residential, Inc.

Ron Hacker (Hacker), as successor trustee to the 1713
Stearns LaVerne Family Trust (Stearns), sued Homeward
Residential, Inc., (Homeward) formerly known as American
Home Mortgage Servicing, Inc. (AHMSI); Sand Canyon
Corporation, formerly known as Option One Mortgage
Corporation (Sand Canyon); Western Progressive, LLC (Western
Progressive); Deutsche Bank National Trust Compa... More...
   $0 (08-20-2018 - CA)

United States of America v. George G. Larsen Eastern District of California Federal Courthouse - Sacramento, California

Sacramento, CA - Member of Nevada City-Based Conspiracy Sentenced to 10 Years in Prison for Multimillion Dollar Bank and Title Fraud Scheme

George B. Larsen, 56, formerly of San Rafael, was sentenced to 10 years and one month in prison and ordered to pay $1,759,100 in restitution for his role in a fraudulent mortgage elimination scheme.

On December 6, 2017, Larsen was convicted ... More...
   $0 (08-19-2018 - CA)

James Tepper, Allison Tepper v. Amos Financial, LLC Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Many would gladly pay Tuesday for a hamburger
today. Of course, not all of those who fall into debt make
payments timely, and debt collection has become a
professional trade. The Fair Debt Collection Practices Act
(the “FDCPA” or “Act”), 15 U.S.C. § 1692, et seq., regulates
their efforts. Under it, debt collectors are prohibited from
engaging in deceptive, abusive, or other... More...
   $0 (08-13-2018 - Pa)

Jonathan Foley v. Wells Fargo Bank, N.A. District of Massachusetts Federal Courthouse - Boston, Massachusetts

The plaintiff, Jonathan
Foley, appeals from summary judgment entered for Wells Fargo
Bank, N.A., in an action seeking to enjoin the bank's threatened
foreclosure under Foley's existing mortgage, and alleging that
the bank was in breach of contract in denying his application to
rewrite the mortgage contract. We affirm.
This is the second plaintiff's appeal in this action,More...
   $0 (07-31-2018 - MA)

Cecil Daughtrey Jr. and Patricia A. Daughtrey v. Luis E. Rivera, II Middle District of Florida Federal Courthouse - Tampa, Florida

In this case, Cecil and Patricia Daughtrey filed a Chapter 7 bankruptcy petition for the sole purpose of preventing the sale of their property in a public auction to be held pursuant to a state court judgment that foreclosed the mortgage on the property. After the public auction was automatically stayed under 11 U.S.C. § 362(a), the trustee of the bankruptcy estate and the judgment creditor, 72 Pa... More...   $0 (07-31-2018 - FL)

Meryl Squires-Cannon, et al. v. Forest Preserve District of Cook County, et al. Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The Forest Preserve District of Cook County, Illinois, has been trying to acquire a 400-acre estate in Barrington after the owners defaulted on a mortgage and note held by the Forest Preserve. The Forest Preserve foreclosed and then bought the property at the foreclosure auction. The original owners have expressed their opposition by filing five lawsuits of their own, in addition to raising af-fir... More...   $0 (07-26-2018 - IL)

Linda S. Isaacs v. DBI-ASG Coinvestor Fund, III, LLC Western District of Kentucky Federal Courthouse - Paducah, Kentucky

Debtor Linda Isaacs filed for Chapter 13 bankruptcy and brought an adversary action seeking to invalidate a mortgage lien on her home, and to stop the sale of the home pursuant to a Kentucky state-court foreclosure judgment. The adversary complaint sought to avoid the mortgage—as unperfected because the mortgage was never validly recorded—under the strong-arm provision of the bankruptcy code. Afte... More...   $0 (07-26-2018 - KY)

Lea Augustin v. City of Philadelphia Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This case involves a group of landlords who object to the system of liens used by the City of Philadelphia to collect unpaid gas bills. The District Court certified a class and held that the City had violated the landlords’ rights under the Due Process Clause of the Fourteenth Amendment. The City filed this appeal, arguing that its procedures for collecting gas debts are constitutional. We agree w... More...   $0 (07-23-2018 - PA)

UNITED STATES OF AMERICA v. WALLACE DIXON COX; LISA COX

The U.S. government brought a civil in rem forfeiture action against the Coxes as a result of their involvement in illegal gambling and money laundering operations, seeking disgorgement of “property constituting or derived from proceeds traceable to violations of 18 U.S.C. §§ 1955 and 1956.” S.A. 6‒7.1 In December 2010, the Coxes reached a settlement agreement with the government in wh... More...   $0 (07-22-2018 - NC)

JEFFREY MORRIS vs MGZ PROPERTIES, LLC., et al. MoreLaw Performance Marketing If It Does Not Work, It Is Free!

Does the word “sale” mean any sale? The appellees insist it does not, at least not when the parties did not contemplate a specific form of a sale when they signed the contract. However, because this contract is clear and unambiguous, and not susceptible to multiple meanings, we conclude it must be applied as written and reverse the circuit court’s judgment.

The contract at issue state... More...
   $0 (07-21-2018 - FL)

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)

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