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Foreclosure Law
Stone Haynes, Jr. v. JP Morgan Chase Bank, N.A. and Pleasure Pier Homeowners Association Jefferson County Courthouse - Beaumont, Texas

This is an appeal by Appellant, Stone Haynes Jr. (Haynes or Appellant), from the trial court’s orders granting summary judgments to Appellees, JP Morgan Chase Bank, N.A. (Chase), and Pleasure Pier Homeowners Association (HOA) (collectively Appellees). Haynes filed a pro se “Application for Temporary Restraining Order and Original Petition for Declaratory Judgment” (Original Petition) on June 7, 20... More...   $0 (09-23-2017 - TX)

Richard Healy v. Cox Communications, Inc. United States Court of Appeals for the Tenth Circuit Denver, Colorado

Cox Cable subscribers cannot access premium cable services—features such as
interactive program guides, pay-per-view programming, and recording or rewinding
capabilities—unless they also rent a set-top box from Cox. Dissatisfied with this
arrangement, a class of plaintiffs in Oklahoma City (“Plaintiffs”) sued Cox under the
antitrust laws. They alleged that Cox had illegally tied ca... More...
   $0 (09-20-2017 - OK)

Jesse C. Burciaga; Edna K. Burciaga v. Deutsche Bank National Trust Company Fifth Circuit Court of Appeals - New Orleans, Louisiana

The Burciagas defaulted on their home equity loan in 2011. In 2013,
Deutsche Bank filed a foreclosure suit in Texas state court. Without holding a
hearing—as required by Texas law—the state court entered a foreclosure
order. Although Texas law expressly required that any challenge to the
foreclosure order be made in a separate, original proceeding, the Burciagas
moved to vacate... More...
   $0 (09-18-2017 - TX)

David Hovannisian v. First American Title Insurance Company

David and Linda Hovannisian purchased property from Wells Fargo Bank (Wells
Fargo) at a foreclosure sale. Several months later they discovered there was a first
priority deed of trust on the property that had not been extinguished by the foreclosure.
The Hovannisians sued Wells Fargo for intentional and negligent misrepresentation based
on a statement in Wells Fargo‟s... More...
   $0 (09-17-2017 - CA)

Barbara Jean Susaraba v. John Royal Bates

Appellant Barbara Jean Susaraba appeals the trial court’s order granting summary judgment in favor of appellee John Royal Bates. Susaraba challenges the trial court’s order through two issues. We will reverse the court’s judgment.
In 2007, Susaraba loaned money to her daughter and son-in-law, Kathleen and appellee John Royal Bates, to help them start a business. The Bates signed... More...
   $0 (08-31-2017 - TX)

Paulo Rezende v. Ocwen Loan Servicing, LLC; US Bank, N.A. Federal Courthouse - Boston, Massachusetts

In August 2005, Paulo Rezende
took out two loans from Aegis Funding Corporation ("Aegis") to
refinance his mortgage on property in Everett, Massachusetts.
Rezende executed mortgages identifying Mortgage Electronic
Registration Systems, Inc. ("MERS") as the mortgagee, "solely as
nominee" for Aegis and its successors and assigns. In June 2010,
MERS assigned one of the mortgag... More...
   $0 (08-31-2017 - MA)

BRE DDR BR Whittwood CA, LLC v. Farmers and Merchants Bank of Long Beach

When a shopping center tenant defaulted on a secured
loan, the lender took possession of the premises through
foreclosure and transferred its interest to a third party.
Later, the third party surrendered the premises. The
landlord filed this action against the lender to enforce the
lease obligations, including payment of rent for the full lease
term. The trial court granted... More...
   $0 (08-30-2017 - CA)

John Nelson v. Carlos Pasol and Jovita De Pasol

Appellant John Nelson challenges the trial court’s judgment awarding title to and possession of certain South Padre Island real property to appellees Carlos Pasol and
Jovita De Pasol (collectively the Pasols). We affirm.
Nelson inherited the subject property from his parents along with an $80,000 mortgage balance. He refinanced the mortgage with Wells Fargo in 2001 and th... More...
   $0 (08-24-2017 - TX)

Jodie Kelly v. Seth A. Nichamoff Fifth Circuit Court of Appeals - New Orleans, Louisiana

This interlocutory appeal arises out of the district court’s denial of Defendant-Appellant Seth Nichamoff’s motion to dismiss based on his assertion of Texas’s attorney immunity. Plaintiff-Appellee Jodie Kelly’s complaint alleges that Nichamoff conspired with two other Defendants to defraud her into purchasing undervalued shares of Legacy Automation, Power & Design, Inc., a Texas company owned by ... More...   $0 (08-18-2017 - TX)

Carol Paselk v. Bayview Loan Servicing, LLC

Bayview Loan Servicing, LLC (Bayview), purchased the property located at 330 County Road 1169, Brashear, Texas 75420 (the Property)1 at a public foreclosure sale. After acquiring a substitute trustee’s deed, Bayview sent a notice to Carol Paselk and all other occupants of the Property requesting that they vacate the premises. Because Paselk failed to timely vacate the premises, Bayview filed a sui... More...   $0 (08-10-2017 - TX)

United States of America v. Gabriel Seth Joseph

Gabriel Joseph purchased a home for $3.4 million through a company that he
controlled and then sold it to himself five days later for $7 million. Using the
fraudulently inflated value, he received a loan and line of credit from Washington
Mutual (“WaMu”) totaling $5,659,357.88. After Joseph defaulted, WaMu purchased
the property in foreclosure. With an outstanding principal balance... More...
   $0 (08-10-2017 - UT)

PGA West Residential Association, Inc. v. Hulven International, Inc.

In its lawsuit against Hulven International, Inc. (Hulven) and various other
defendants, PGA West Residential Association, Inc. (PGA West) alleged defendant
Dempsey Mork1 tried to fraudulently insulate the equity in his condominium from
creditors by naming Hulven, a sham corporation entirely owned and controlled by Mork,
as the beneficiary of a deed of trust and note, and by later ... More...
   $0 (08-10-2017 - CA)

Alfonso Ayala v. Randy Dawson

After living for more than a dozen years in a residential unit he claimed he owned,
Alfonso Ayala was evicted by the property owner, Randy Dawson, in an unlawful
detainer action. Ayala defended by attempting to quash service of summons on the
ground he was not a tenant, but instead held equitable title under an oral installment sale
contract for the purchase of property. Dawson cou... More...
   $0 (08-05-2017 - CA)

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
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
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)

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