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Mortgage Law
 
United States of America v. Tina Brown Western District of New York Federal Courthouse - Buffalo, New York

Buffalo, NY - Fourth Defendant Pleads Guilty In Mortgage Fraud Conspiracy

Tina Brown, 42, of Bronx, NY, pleaded guilty to conspiracy to commit wire and mail fraud affecting a financial institution, before U.S. District Judge Frank P. Geraci, Jr. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.

Assistant U.S. Attorneys Elizabeth Moellering and Kathl... More...
   $0 (10-24-2017 - NY)

Jay Baska v. Rebecca McGuire Harris County Courthouse - Houston, Texas

Appellant, Jay Baska, challenges the trial court’s judgment in favor of appellee, Rebecca McGuire, in her suit against Baska for breach of contract and fraud. In his first through third issues, Baska contends that the statute of frauds1 bars
1 See TEX. BUS. & COM. CODE ANN. § 26.01 (West 2015).
2
McGuire’s breach-of-contract claim and, if sustained, he is entitled to a remand for
r... More...
   $0 (10-12-2017 - TX)

Charles D. Wallace v. Hattie Leslie Wallace

Charles D. Wallace and Hattie Leslie Wallace1 were divorced on January 8, 2006. The agreed divorce decree awarded both Charles and Hattie fifty percent ownership, as tenants in common, of a house and lot located at 706 Carpenter Drive, Garland, Texas (the Property), and provided a procedure for the sale of the Property. After Charles’s death on April 8, 2016, Hattie filed this suit to enforce the ... More...   $0 (10-09-2017 - 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)

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)

United States of America v. Richard Kent Harris United State District Courthouse - Houston, Texas

Houston, TX - Montgomery County Couple Sentenced in Bankruptcy Fraud Conspiracy

A Conroe, Texas couple was sentenced for bankruptcy fraud conspiracy in the Southern District of Texas.

Richard Kent Harris, 74, and Darlene Ann Riley, 59, pleaded guilty on Mar. 8, 2017, to conspiracy to commit bankruptcy fraud. Harris was sentenced to 10 months in federal prison by U.S. District Jud... More...
   $0 (09-26-2017 - TX)

United States of America v. Jacquelin Dyer Central District of California Federal Courthouse - Riverside, California

Riverside, CA - Controller at Fontana Metal Forging Company Pleads Guilty to Federal Charges Related to $1.5 Million Embezzlement Scheme

A Riverside woman who was the controller at a Fontana-based metal forging company pleaded guilty on Septemver 21, 2017 to federal charges stemming from her embezzlement of $1.5 million from her employer.

Jacquelin Dyer, 67, who was th... More...
   $0 (09-25-2017 - CA)

United States of America v. Celia Nipper, a/k/a Celia Arrand Federal Courthouse, Oakland, California

Oakland, CA - East Bay Resident Pleads Guilty To Wire Fraud, Bank Fraud, And Related Charges In Connection To Scheme To Defraud Employer

Defendant Also Admits Understating Income by More than $1,000,000

Celia Nipper, aka Celia Arrand, pleaded guilty on September 18, 2017 to committing wire fraud, bank fraud, and filing false tax returns in connection with a scheme to embezzle fu... More...
   $0 (09-25-2017 - CA)

United States of America v. Sean David Morton Federal Courthouse - Los Angeles, California

Los Angeles, CA - Hermosa Beach Couple Who Filed Fraudulent Tax Returns and Passed Bogus Financial Instruments Sentenced to Federal Prison

A Hermosa Beach man was sentenced to six years in federal prison for filing fraudulent tax returns with the Internal Revenue Service that sought millions of dollars in refunds and using bogus financial instruments in an attempt to pay off debt. His wif... More...
   $480322 (09-19-2017 - CA)

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)

Sandra Slater v. United States Steel Corporation Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

When an individual files for bankruptcy, he must file sworn disclosures listing his debts and his assets, including any pending civil claims, and identifying any lawsuits he has filed against others. Occasionally, a plaintiff who has a pending civil lawsuit fails to list the claims or lawsuit in these disclosures. In omitting this information, the plaintiff effectively takes inconsistent positions... More...   $0 (09-18-2017 - AL)

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
2.
on a statement in Wells Fargo‟s... More...
   $0 (09-17-2017 - CA)

United States of America v. Callista Suzena Chiwocha Western District of Michigan Federal Courthouse - Grand Rapids, Michigan

Grand Rapids, MI - Okemos Woman Guilty Of Defrauding The U.S. Treasury Of Over $3.6 Million Sentenced To 10 Years In Prison - Investigators Recover Over $1.5 Million in Fraud Proceeds

Callista Suzena Chiwocha, of Okemos, Michigan was sentenced in U.S. District Court to ten years in prison for conspiring to defraud the government by filing false tax returns, announced Acting U.S. Attorney... More...
   $0 (09-16-2017 - MI)

United States of America v. Ben Leske Western District of Washington Federal Courthouse - Tacoma, Washington

Tacoma, WA - Final Defendant Sentenced in Pierce Commercial Mortgage Fraud Investigation - Fifteen Defendants ranging from VP to Loan Officers Sentenced for Fraud that Resulted in Bank Collapse

The final defendant in a long running investigation of mortgage fraud at Pierce Commercial Bank was sentenced today in U.S. District Court in Tacoma, announced U.S. Attorney Annette L. Hayes. Betw... More...
   $0 (09-15-2017 - WA)

Francis Michael Lynch v. Donna Falcon Lynch

Michael Lynch1 appeals from a final default divorce decree, dissolving his marriage to Donna Falcon Lynch. In 16 issues, Michael challenges the provisions in the divorce decree that divide the marital estate, award Donna appellate
1 Because the record indicates that Francis Michael Lynch prefers to use his middle name, Michael, we refer to him as Michael.
2
attorney’s fees, require Mic... More...
   $0 (09-15-2017 - TX)

Plute Home Corporation v. American Safety Indemnity Company

In this insurance defense dispute, defendant and appellant American Safety
Indemnity Company (American Safety or ASIC) challenges a judgment after court trial
that awarded over $1.4 million in compensatory and punitive damages to plaintiff and
2
respondent Pulte Home Corporation (Pulte), who was the general contractor and
developer of two residential projects in the San Marcos... More...
   $0 (09-09-2017 - CA)

United States of America v. Zaki M. Bey Federal Courthouse - Philadelphia, Pennsylvania

Philadelphia, PA - Philadelphia Man Sentenced to 60 Months for Loan and Tax Fraud

Zaki M. Bey, 39, of Philadelphia, PA, was sentenced to 60 months in prison. Zaki Bey previously pleaded guilty to one count of conspiracy to commit loan and bank fraud, one count of conspiracy to defraud the Internal Revenue Service, and one count of conspiracy to commit wire fraud.

According to co... More...
   $0 (09-08-2017 - PA)

United States of America v. Merrill Robertson, Jr. Federal Courthouse - Richmond, Virginia

Richmond, VA - Former UVA Football Player Convicted of $10 Million Fraud

A federal jury convicted a former University of Virginia football player on August 24, 2017 of his role in a $10 million fraud scheme.

According to court records and evidence presented at trial, Merrill Robertson, Jr., 36, of Chesterfield, started Cavalier Union Investments, LLC, and Black Bull Wealth manage... More...
   $0 (09-04-2017 - VA)

In re the Marriage of James Leslie Johnston and Pamela Sue Johnson

1. K.S.A. 2016 Supp. 60-260(b) allows a district court to provide relief from a final
judgment for any of the following reasons: (1) mistake, inadvertence, surprise or
excusable neglect; (2) newly discovered evidence; (3) fraud; (4) the judgment is void; (5)
the judgment has been satisfied, released or discharged; or (6) any other reason that
justifies relief.

2. The first... More...
   $0 (08-31-2017 - )

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)

Joseph L. Reed v. Freedom Mortgage Corporation

Joseph L. Reed sued his former
employer, Freedom Mortgage Company, under the Illinois
Human Rights Act, alleging race-based discrimination. After
concluding that Reed lacked evidence of racial bias, the district
court granted summary judgment in favor of Freedom Mortgage.
Reed challenges the court’s decisions on evidentiary
2 No. 16-3661
matters as well as the court’s u... More...
   $0 (08-27-2017 - IL)

Orange County Water District v. Sabic Innovative Plastics US, LLC

The Orange County Water District (District) was created by the California
Legislature to protect and manage groundwater supplies within its territory, which covers
most of Orange County, California. The District and other regulatory agencies have long
been aware of localized groundwater contamination caused by hazardous substance
releases at various sites in the so-called "South Ba... More...
   $0 (08-26-2017 - 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.
I. BACKGROUND
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)

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