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Foreclosure Law
 
Hassan Chahadeh v. Regions Bank Texas Court of Appeals - First District Courthouse - Houston, Texas

Appellant, Hassan Chahadeh, challenges the trial court’s summary judgment in favor of appellee, Regions Bank (“Regions”), on its claim for breach of contract and Chahadeh’s counterclaim against it for fraud, aiding and abetting a breach of fiduciary duty, and a declaratory judgment. In three issues, Chahadeh contends
2
that the trial court erred in granting Regions summary judgment, denyin... More...
   $0 (07-31-2017 - TX)

Dennis M. Rush v. White Corporation

Spanish Peaks is a 3000-acre luxury resort in Big Sky Country, Montana, a
development begun in 2002 by Spanish Peaks Holdings II, LLC (Holdings). The
featured residences at Spanish Peaks were to be “high end settlement cabins,” to be
constructed close to a massive lodge, which was to be the centerpiece of the
development, containing restaurants, stores, recreation facilities, and o... More...
   $0 (07-29-2017 - CA)

United States of America v. Alvin Florida Federal Courthouse - San Francisco

San Francisco, CA - Northern California Real Estate Investor Sentenced to Prison for Rigging Bids at Public Foreclosure Auctions

After being convicted at trial, a Northern California real estate investor was sentenced on July 26, 2017 for his role in a conspiracy to rig bids at public real estate foreclosure auctions, the Department of Justice announced.

Alvin Florida Jr. was cha... More...
   $0 (07-27-2017 - CA)

Richard D. Sibert v. Wells Fargo Bank, N.A.

While serving in the U.S. Navy, Richard Sibert obtained a loan secured by a
mortgage to purchase a house in Virginia Beach, Virginia. Soon after his discharge from
the Navy, he defaulted on the loan, and the lender began foreclosure proceedings. During
those proceedings, however, and before any foreclosure sale was held, Sibert enlisted in
the U.S. Army. The lender continued to pur... More...
   $0 (07-18-2017 - VA)

United States of America v. Ronald Rodis and Charles Wayne Farris United States District Court for the Southern District of California - Santa Ana, California

Santa Ana, CA - Two California Men Sentenced to Prison for Their Roles in Fake Law Firms That Promised to Help Struggling Homeowners

Two Orange County, California men were sentenced yesterday in U.S. District Court in Santa Ana, California to serve 41 and 47 months in prison, respectively, for their roles in a multi-million dollar fraudulent mortgage modification scheme posing as a succe... More...
   $0 (07-18-2017 - CA)

Petrina Lewin and Trenton Lewin, Jr. v. Mission Bend No. 5 Homeowners Association, Inc.

Mission Bend No. 5 Homeowners Association, Inc. sued property owners Petrina and Trenton Lewin for unpaid annual assessments and other fees.1 After suit was filed, the Lewins made a payment to the Association. To seek the remaining balance it felt was owed on the Lewins’ account, the Association filed a
1 Petrina and Trenton Lewin are siblings. The property they own together was gifted to them... More...
   $0 (07-14-2017 - TX)

Deutsche Bank National Trust Company, as Trustee, ets., v. Alan Pyle

In OC Interior Services, LLC v. Nationstar Mortgage, LLC (2017) 7 Cal.App.5th
1318 (review den. May 10, 2017) (OC Interior) another panel of this court concluded that
2
a void judgment does not pass title free of the lien purportedly cancelled by the void
judgment; rather, "a void judgment in the chain of title has the effect of nullifying a
subsequent transfer, including a tr... More...
   $0 (07-14-2017 - CA)

Cheryl Johnson a/k/a Cheryl Angrum v. Citimortgage, Inc.

Cheryl Johnson a/k/a Cheryl Angrum (Johnson) appeals the trial court’s judgment awarding possession of a property to CitiMortgage, Inc., which foreclosed a lien on the property. In two issues, Johnson contends CitiMortgage did not have standing to obtain a judgment of possession and that the trial court abused its discretion because there was a factual issue of title and it did not have jurisdicti... More...   $0 (07-05-2017 - TX)

United States of America v. Todd Prins Federal Courthouse - San Antonio, Texas

San Antonio, TX - Former San Antonio Attorney Todd Prins Pleads Guilty to Wire Fraud

Former San Antonio lawyer Todd Prins faces up to 20 years in federal prison and a fine of up to $250,000 after pleading guilty on June 28, 2017 to one count of wire fraud.

Appearing before United ... More...
   $0 (07-03-2017 - TX)

Raymond A. Schep v. Capital One, N.A.

Are a trustee’s acts in recording a notice of default, a notice
of sale, and a trustee’s deed upon sale in the course of a
nonjudicial foreclosure privileged under Civil Code section 47?1
We conclude that they are and that a plaintiff does not state a
cause of action for slander of title based on the recording of those
documents. Accordingly, we affirm the trial court’s orderMore...
   $0 (06-27-2017 - CA)

United States of America v. Bruce Kevin Hawkins

Dallas, TX - Desoto Man Pleads Guilty For His Role in a “Foreclosure Rescue Scheme” That Exploited Vulnerable Homeowners Facing Foreclosure

Bruce Kevin Hawkins, 52, of Desoto, Texas, appeared in federal court on June 20, 2017 before U.S. Magistrate Judge Renee Harris Toliver and pleaded guilty to one count of mail fraud, announced U.S. Attorney John Parker of the Northern District of Texa... More...
   $0 (06-26-2017 - TX)

David White v. CitiMortgage, Inc.

David White thought he had saved his house from foreclosure. He paid the
mortgage servicer, CitiMortgage, Inc., thousands of dollars to undo a sale to the
1The Honorable William Jay Riley stepped down as Chief Judge of the United
States Court of Appeals for the Eighth Circuit at the close of business on March 10,
2017. He has been succeeded by the Honorable Lavenski R. Smith.
F... More...
   $0 (06-19-2017 - MO)

David G. Turner v. Wells Fargo Bank, N.D., et al.

This appeal arises from the judgment of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s order granting Appellees’1 motion to dismiss Rosanna Mac Turner’s and David Turner’s (“Appellants” or “Turners”) Adversary Complaint without leave to amend.
The Turners are the borrowers and Trustors on a Deed of Trust (“DOT”) for residential property in Livermore, California. The DO... More...
   $0 (06-19-2017 - CA)

Michael John Hernandez v. General Mills Federal Credit

General Mills Federal Credit Union1 filed an adversary proceeding to determine
the dischargeability of a debt in Michael Hernandez's Chapter 7 bankruptcy. The
bankruptcy court2 found the debt excepted from discharge, the district court3 affirmed,
and we now affirm as well.
I. BACKGROUND
Hernandez's grandparents, Joseph and Stella Hernandez (whom we will refer
to as Joseph a... More...
   $0 (06-14-2017 - MN)

Theodore Laymon v. J. Rockcliff, Inc. and George Hernandez v. Mason-McDuffie Real Estate, Inc.

The plaintiffs in these consolidated appeals filed suit against the brokers who
represented them in the sale of their homes and a group of companies that provided
services in connection with those sales. Plaintiffs contend defendants violated their
fiduciary duties by failing to disclose alleged kickbacks paid by the service providers to
the brokers in connection with the sales.More...
   $0 (06-10-2017 - CA)

Amy Powell v. CIT Bank, N.A., f/k/a OneWest Bank, N.A., f/k/a OneWest Bank FSB

This appeal arises out of a dispute between a property owner and a bank seeking to foreclose its lien on the property. The bank’s assignor acquired the lien
1 We grant appellee’s motion for rehearing in part, deny the motion in part, withdraw the memorandum opinion issued on December 15, 2016, and issue this substitute opinion.
2
in a reverse-mortgage transaction. The borrower later di... More...
   $0 (06-08-2017 - TX)

George McKnight v. John Moss

George McKnight appeals the trial court’s grant of summary judgment in favor of John Moss. In a single issue, he contends that Moss did not present legally sufficient evidence in support of his motion for summary judgment. We reverse and remand.
BACKGROUND
McKnight owned a piece of property in Anderson County, Texas. When his property taxes became delinquent, Anderson County foreclosed. Mo... More...
   $0 (06-07-2017 - TX)

United States of America v. Christina Renee Caveny Northern District of Texas Federal Courthouse - Dallas, Texas

Dallas, TX - Dallas Woman Pleads Guilty For Her Role in a “Foreclosure Rescue Scheme” That Exploited Vulnerable Homeowners Facing Foreclosure

Christina Renee Caveny, 37, of Dallas, appeared in federal court U.S. Magistrate Judge Irma Carrillo Ramirez and pleaded guilty to one count of conspiracy to commit mail fraud.

Caveny faces a maximum statutory penalty of five years in feder... More...
   $0 (06-06-2017 - TX)

Mark D. Niederquell v. Bank of America, N.D.

In 2005, Plaintiffs obtained a loan from Countrywide Home Loans, Inc., to
refinance their mortgage. The loan was secured by a deed of trust and evidenced by a
promissory note indorsed in blank. Plaintiffs made regular loan payments until 2009
when they defaulted. In 2011, Bank of New York Mellon asserted that it was the holder
* After examining the briefs and appellate record, this... More...
   $0 (06-06-2017 - CO)

Clinton W. (Buddy) Pike, Sr., Daniel L. Walker, W. Tobin Wilson, VHSC Cement, LLC and Few Ready Mix Concrete Co. v. Texas EMC Management, LLC, Texas EMC Products, LP and EMC Cement, BV

In numerous issues, appellants, Clinton W. Pike Sr., Daniel L. Walker, W. Tobin Wilson, VHSC Cement, LLC, and Few Ready Mix Concrete, challenge a judgment in favor of appellees, Texas EMC Management, LLC, Texas EMC Products, LP, and EMC Cement, BV, stemming from the breakup of a partnership and the subsequent purchase of the partnership’s assets at a foreclosure sale. In a cross-appeal, EMC Manage... More...   $0 (06-06-2017 - TX)

United States of America v. Michael Marr, Javier Sanchez and Gregory Casorso Federal Courthouse - San Francisco

San Francisco, CA - Three Northern California Real Estate Investors Convicted of Rigging Bids at Public Foreclosure Auctions

A federal jury convicted three real estate investors for their roles in a conspiracy to rig bids at public real estate foreclosure auctions held in Northern California.

After a three-week trial, the jury convicted Michael Marr, Javier Sanchez, and Gregory C... More...
   $0 (06-03-2017 - CA)

STATE OF OHIO vs. RICHARD MARCUS LENARD Court of Appeals Of Ohio, Eighth Appellate District

Lenard was charged with one count of grand theft, in violation of
R.C. 2913.02(A)(3), and one count of tampering with records, in violation of
R.C. 2913.42(A)(1). Count 1 alleged that Lenard stole property from Steven Mladenovic
(“Mladenovic”) valued at $7,500 or more, but less than $150,000. Count 2 alleged that
Lenard perpetrated a fraud on Shirley Kummerlen (“Kummerlen”) ... More...
   $0 (06-02-2017 - OH)

Tonya Davis v. Ernest B. Fenton, et al.

In 2013 Tonya Davis sued Ernest Fenton (as well as Fenton’s law firms) in federal district court asserting state malpractice and breach of contract claims, as well as federal Fair Housing Act and Civil Rights Act claims, all arising out of Fenton’s representation of Davis in a mortgage foreclosure action in which Davis had lost her home. Davis alleged that Fenton’s representation of her had
2 ... More...
   $0 (05-26-2017 - IL)

James N. Hardwick v. Albert P. Wilcox

I. INTRODUCTION
Between 1999 and 2010, Albert Wilcox made a series of loans to James Hardwick.
In 2013, Hardwick filed this action to recover usurious interest and prevent Wilcox from
foreclosing on property securing his loans. Wilcox countersued for breach of contract
and judicial foreclosure. The trial court entered judgment in favor of Hardwick, finding,
among other things, ... More...
   $0 (05-23-2017 - CA)

Gilad Lutfak and Oren Lutfak v. Jeff Gainsborough

Appellants Gilad and Oren Lutfak appeal from a judgment in favor of appellee Jeff Gainsborough. Gainsborough sued Gilad and Oren based on claims arising out of his purchase of a townhome. A jury found that Gilad, the seller, committed fraud, breached implied warranties, violated the Deceptive Trade Practices Act, and made
2
negligent misrepresentations. The jury also found that Oren conspi... More...
   $0 (05-18-2017 - TX)

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