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Foreclosure Law
 
Thomas J. Litterer and Mary L. Litterer vs. Rushmore Loan Management Services, LLC

This case requires us to determine the legal relationship between the recording
deadline for a lis pendens in Minn. Stat. § 582.043, subd. 7(b), and the excusable neglect
provision in Minn. R. Civ. P. 6.02.
Enacted by the Legislature in 2013, Minn. Stat. § 582.043 (2016) requires mortgage
servicers to notify mortgagors of loss mitigation options before referring the mortgage f... More...
   $0 (01-13-2018 - MN)

Robert Law v. Ronald Zemp Oregon Supreme Court Building - Eugene, Oregon

This review proceeding arises out of a post-judgment
order charging a judgment debtor’s interests in four limited
partnerships and a limited liability company to satisfy the
judgment creditor’s judgment against him. The charging
order was issued over the limited partnerships’ and limited
liability company’s objections that ancillary provisions
included in the charging order... More...
   $0 (01-11-2018 - OR)

Sundance Residential Homeowners Association, Inc. v. Curt Glawe

¶1 Lori Glawe, Curt Glawe, and their son, Jordan Glawe (“the
Glawes”), appeal the summary judgment entered against them on a
breach-of-contract claim brought by Sundance Residential Homeowners
Association, Inc. (“the Association”). For the following reasons, we affirm.
FACTS AND PROCEDURAL BACKGROUND
¶2 The Glawes purchased a home in the Sundance Residential
Community in 20... More...
   $0 (01-09-2018 - AZ)

UNITED STATES OF AMERICA, EX REL. LAURENCE SCHNEIDER, ET AL. AND LAURENCE SCHNEIDER v. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, ET AL. U.S. Court of Appeals - D.C. Circuit

Appellant Laurence Schneider – also called a Relator – brought a qui tam suit under the False Claims Act against JPMorgan Chase, alleging that Chase falsely claimed compliance with a Settlement it, and a number of other large banks, reached with the United States and state governments. The Settlement – and it is a massive one, costing Chase alone $1.1 billion of cash and over $4.2 billion of in-k... More...   $0 (01-09-2018 - DC)

Timothy M. Jodway; Alaina Zanks-Jodway v. Fifth Third Bank Sixth Circuit Court of Appeals for the Sixth Circuit

Many people dream of having a lakefront home. Timothy
Jodway and his wife, Alaina, were no different. So they took out a mortgage loan from Fifth
Third Bank and purchased a home on Lake Charlevoix in Boyne City, Michigan. But things did
not go as planned. Money became tight, and Timothy Jodway eventually had to file for
bankruptcy. And as part of his Chapter 13 repayment plan, Jodw... More...
   $0 (01-05-2018 - OH)

Paula Boyd v. David Freeman

In the underlying action, appellant Paula Boyd
asserted claims against respondent David Freeman
predicated on allegations of wrongful foreclosure. The trial
court sustained Freeman’s demurrer to Boyd’s first amended
complaint without leave to amend, reasoning that the
doctrine of res judicata barred her claims, in view of a
judgment in favor of Freeman and against Boyd in a... More...
   $0 (12-21-2017 - )

Antoinette Rossetta v. Citimortgage, Inc.

Plaintiff Antoinette Rossetta appeals from a judgment dismissing her second
amended complaint1 after the trial court sustained a demurrer by defendants
CitiMortgage, Inc. (CitiMortgage) and U.S. Bank National Association as Trustee for
Citicorp Residential Trust Series 2006-1 (2006-1 Trust). The complaint asserts causes of
action for intentional misrepresentation, negligent misrepr... More...
   $0 (12-18-2017 - CA)

United States of America v. Jamie Matsuba and Thomas Matsuba Central District of California Federal Courthouse - Los Angeles, California

Los Angeles, CA - TWO LOS ANGELES-AREA MANAGERS OF FORECLOSURE RESCUE COMPANIES CONVICTED FOR ROLES IN MORTGAGE FRAUD SCHEME

A federal jury found two Los Angeles-area managers of foreclosure rescue companies guilty on December 14, 2017 for their roles in a foreclosure rescue scheme.

Jamie Matsuba, 33, and her father, Thomas Matsuba, 67, both of Chatsworth, were convicted after a ... More...
   $0 (12-16-2017 - CA)

South Memorial Development Group, LLC v. All Natural Burgers of Tulsa #1, LLC and Los Cabos of Broken Arrow, LLC

Tulsa, OK - South Memorial Development Group, LLC sued All Natural Burgers of Tulsa #1, LLC and Los Cabos of Broken Arrow, LLC

Issue # 1. Issue: FORECLOSURE (FORE)
Filed By: SOUTH MEMORIAL DEVELOPMENT GROUP LLC
Filed Date: 04/27/2016
Party Name Disposition Information
Defendant: ALL NATURAL BURGERS OF TULSA #1 LLC Disposed: DISMISSED - SETTLED, 11/30/2017. Dismissed-... More...
   $0 (11-30-2017 - OK)

Samuel Topchain v. JPMorgan Chase Bank, N.A. Missouri Court of Appeals - Western District Courthouse - Kansas City, Missouri

Samvel Topchian appeals the judgment of the Circuit Court of Jackson County, Missouri,
granting summary judgment to JPMorgan Chase Bank, N.A. (Chase), Martin, Leigh, Laws &
Fritzlen, PC (MLLF), and Select Portfolio Servicing, Inc. (SPS) on Topchian’s claims of breach
of contract (against Chase), violations of the Missouri Merchandizing Practices Act (MMPA)
(against Chase, MLLF, and... More...
   $0 (11-28-2017 - MO)

Laurie B. Grady v. Nationstar Mortgage, LLC, and U.S. Bank National Association, as Trustee for Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed Certificates, Series 2006-BC5 Tarrant County Courthouse - Fort Worth, Texas

After Appellant Laurie B. Grady defaulted on her home-equity loan, the
noteholder, Appellee U.S. Bank National Association, as Trustee for Specialty
Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed
Certificates, Series 2006-BC5, successfully sued for an order allowing it to
foreclose on its lien. Grady then sued U.S. Bank and the current loan servicer,
Appe... More...
   $0 (11-23-2017 - TX)

GLORIA J. JACKSON, et al. v. THE UNITED STATES

In September 1889, the Georgia legislature granted the Eatonton & Machen Railroad Company a charter to “construct, lay out, maintain, equip and operate a line of railroad from the town of Eatonton, in Putnam county, to the town of Machen, in Jasper county, in this State . . . .” Pls.’ Mot. Summ. J. App. C, at C-4. The railroad’s charter incorporated Section 1689(l) of the Georgia Code, stating: <... More...   $0 (11-21-2017 - )

Pablo Alfaro-Jimenez v. The State of Texas Court of Appeals - 4th District | Bexar County, TX

On July 10, 2014, San Antonio Police Officer Edward Rodriguez was dispatched for a
domestic disturbance. The complainant told the officers that her ex-boyfriend, identified as Juan
Alberto Torres Landa, was beating on the door, kicking the door, and threatening her. By the time
officers arrived, the ex-boyfriend was gone.
After conducting an investigation, and ensuring the... More...
   $0 (11-16-2017 - TX)

Courtney Cates v. Crystal Clear Technologies, LLC, et al. Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

The three named plaintiffs brought a purported class action alleging
that the developers of their neighborhoods created agreements that violated both state and federal
law by requiring the neighborhoods’ homeowners to pay for basic telecommunications services
provided by Crystal Clear Technologies, LLC (“Crystal Clear”), an entity owned and controlled
by the developers. The distric... More...
   $0 (11-06-2017 - TN)

John A. Keane v. HSBC Bank USA District of Massachusetts Federal Courthouse - Boston, Massachusetts

John Keane appeals from the
denial of his motion to vacate an order dismissing his lawsuit
against HSBC, Nationstar Mortgage, and Mortgage Electronic
Registration Systems. We reverse.
I.
In December 2014, Keane sued defendants in state court
in Massachusetts, alleging a variety of state law violations in
connection with a foreclosure action against a property he ownedMore...
   $0 (10-31-2017 - MA)

United States of America v. Abraham S. Farag Northern District of California Federal Courthouse - San Francisco

San Francisco, CA - Real Estate Investor Agrees to Plead Guilty to Bid Rigging at Public Foreclosure Auctions in Northern California - Investigations Yielded 65 Guilty Pleas to Date

A real estate investor pleaded guilty for his role in a conspiracy to rig bids at public real estate foreclosure auctions in Northern California.

Abraham S. Farag, who was charged in an indictment re... More...
   $0 (10-26-2017 - CA)

Sherwin A. Brook v. J. Lawrence McCormley Seventh Circuit Court of Appeals Courtroom - Chicago, Illinois

Plaintiff-appellant, Sherwin Brook
(“Brook”), appeals the district court’s finding that the Northern
District of Illinois lacks personal jurisdiction over the
defendants-appellees, J. Lawrence McCormley and Tiffany &
2 No. 16-4255
Bosco, P.A. (collectively, “Defendants”), for a legal malpractice,
breach of contract, and breach of fiduciary duty lawsuit. For
the reasons ... More...
   $0 (10-16-2017 - IL)

Santiaga Herrera v. Gloria Coronel Alejos Harris County Courthouse - Houston, Texas

Santiaga Herrera owned and lived in a house with a garage apartment. Herrera sold the property to Gloria Alejos, who financed the purchase with a note made to Herrera. After closing, Alejos’s daughter, Banesa Coronel, moved into the
2
house, and Alejos allowed Herrera to stay in the garage apartment, where she was
living at the time of the sale.
Alejos later tried to evict Herrera,... More...
   $0 (10-12-2017 - TX)

Danny Barforough v. Nationstar Mortgage, LLC and U.S. Bank National Association

Appellant Danny Barforough sued appellees Nationstar Mortgage, LLC and U.S. Bank National Association, alleging breach of a previous settlement agreement after appellees notified Barforough that his mortgage was being accelerated and posted the subject property for foreclosure. Barforough claimed that a previous
2
settlement released him from all obligations related to the note encumbering... More...
   $0 (10-06-2017 - TX)

Audrey Dick v. Colorado Housing Enterprises Fifth Circuit Court of Appeals - New Orleans, Louisiana

This interlocutory appeal is from an order denying a motion for a preliminary injunction to stop a foreclosure sale.1 We DISMISS the appeal as MOOT.
I. FACTUAL AND PROCEDURAL HISTORY
In 2014, Plaintiff Audrey Dick (“Plaintiff”) and her husband borrowed $100,000 from Colorado Housing Enterprises, L.L.C. and Community Resources and Housing Development Corporation (“Defendants”). The loan was... More...
   $0 (10-05-2017 - TX)

United States of America v. Brian McKinzie Northern District of California Federal Courthouse - San Francisco

San Francisco, CA - Real Estate Investor Sentenced to 14 Months in Prison for Rigging Bids at Northern California Public Foreclosure Auctions

A real estate investor was sentenced for his role in a conspiracy to rig bids at public real estate foreclosure auctions in Northern California.

Brian McKinzie was charged on June 30, 2011, in an indictment returned by a federal grand jury... More...
   $0 (10-05-2017 - CA)

John Rife v. One West Bank Federal Courthouse - Boston, Massachusetts

In 2015, John Rife filed an 8-count
complaint in state court against the servicers, holders, and
assignees of his mortgage loan which had been executed in 2006.
The pertinent defendants include: One West Bank, F.S.B.; Mortgage
Electronic Registration Systems, Inc. (MERS); Indy Mac Mortgage
Services; and Deutsche Bank National Trust Company, as
trustee/master servicer. The m... More...
   $0 (09-29-2017 - MA)

Angel B. Calegon v. 2009 SWE, LLC Harris County Courthouse - Houston, Texas

Appellant, Angel B. Calegon, challenges the trial court’s rendition of summary judgment in favor of appellee, 2009 SWE, LLC, in her suit against it for breach of contract, wrongful foreclosure, and declaratory judgment. In three issues, Calegon contends that the trial court erred in considering certain summary-judgment
2
evidence and granting 2009 SWE summary judgment on her wrongful forec... More...
   $0 (09-28-2017 - TX)

Miguel Rojas and Lourdes Rojas v. CitiMortgage, Inc.

The trial court granted summary judgment in favor of appellee Citimortgage, Inc. (Citi) and ordered judicial foreclosure of a house owned by appellants Miguel Rojas and Lourdes Rojas. By one issue, which we construe as two, the Rojases argue that
2
summary judgment was erroneously granted because Citi’s foreclosure claim was barred by the statute of limitations and because the ruling confl... More...
   $0 (09-24-2017 - TX)

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)

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