Mortgage Law
 
United States of America v. Jennifer McTigue

Honolulu, HI - Honolulu Woman Pleads Guilty To Fraud Scheme

Jennifer McTigue, age 48, of Honolulu, pled guilty to conspiring to commit wire fraud, mail fraud, and money laundering, as well as committing wire fraud, mail fraud and money laundering. McTigue pled guilty in federal district court before Senior District Judge Consuelo B. Marshall a day after jury selection for her trial was to

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JILLIAN COHEN BERGERON v. NEW YORK COMMUNITY BANK

The plaintiff, Jillian Cohen Bergeron, appeals an order of the Superior Court (Delker, J.) that: (1) lifted a preliminary injunction on the
2
foreclosure sale of her home by the defendant, New York Community Bank; and (2) dismissed her case. We affirm.
The trial court found, or the record supports, the following facts. On October 25, 2006, the plaintiff executed a promissor

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Peacock Hospitality, Inc. d/b/a Holiday Inn Express-Burnet v. Bipin Patel; Mahadev, LLC; and FDIC

Although this appeal originally arose from two summary judgments, one in favor of the appellees Bipin Patel and Mahadev, LLC and the other in favor of First National Bank, N.A., we previously dismissed the appeal of the summary judgment in favor of First National Bank, N.A.1 See Peacock Hospitality, Inc. v. Patel, No. 04-13-00278-CV, 2014 WL 7340520 (Tex. App.—San Antonio Dec. 23, 2014, no pet.)

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NAMN, LLC v. Bernard J. Morello

Morello owns property at the northwest corner of 42d and Center Streets in Omaha, Nebraska. NAMN owns property immediately to the west of Morello’s property. Throughout this litigation, and hereinafter in this opinion, NAMN’s property is referred to as “Lot 9” and Morello’s property is referred to as “Lot 10.” A residential home is located on Lot 9, and there are no structures on Lot

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Landon Rothestein v. Balboa Insurance Company

Plaintiffs are borrowers who failed to purchase hazard insurance on their
mortgaged properties, as required by the terms of their loan agreements. Their
loan servicer, GMAC Mortgage LLC (“GMAC”), bought lender-placed insurance
(“LPI”) from Balboa Insurance Company and MeritPlan Insurance Company
(together, “Balboa”) at rates that were approved by regulators. GMAC then

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Mirum Navarrete v. Hayley Meyer

On November 26, 2009, Meyer was the front passenger in a vehicle driven by her
friend Brandon Coleman. Another person, Levi Calhoun, was in the back seat. While
driving to a nearby drugstore, Meyer told Coleman to turn onto Skyview Drive as a
shortcut. Skyview Drive is a residential street with a 25 mile-per-hour speed limit.
Meyer had been on Skyview Drive many times befor

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United States of America v. Joseph Brogan

St. Louis, MO – JOSEPH BROGAN was sentenced to 14 months in prison on multiple fraud charges related to a scheme involving applications for home loans.

According to court documents, Joseph Brogan was employed as a loan officer for USA Mortgage, Inc. where he handled both conventional mortgages and FHA loans. Michael Wallis owned and operated a company known as Missouri Builders and Hom

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Seth Baker v. Microsoft Corporation

Plaintiffs, a putative class of owners of Microsoft
Corporation’s (Microsoft) Xbox 360® video game console
(Xbox), appeal from the stipulated dismissal with prejudice
of their lawsuit and from the order striking their class
allegations. In striking the class allegations, the district court
deferred to an earlier class certification denial order involving
a similar putati

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Domenic D. Miele a/k/a Domenic Miele v. Wells Fargo Bank, N.A.

The appellant raises three issues in this mortgage foreclosure case. We find two issues have no merit, but we agree with the appellant that the trial court erred in its calculation of prejudgment interest.
The complaint alleged that the appellant defaulted on the note by failing to make the payment due on August 1, 2009, and all subsequent payments. The evidence introduced at trial indicated t

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CENTURION PROPERTIES III, LLC; SMI GROUP XIV, LLC. v. CHICAGO TITLE INSURANCE COMPANY, a Nebraska company,

This case arises from a dispute between plaintiffsappellants Centurion Properties III, LLC (“CPIII”) and SMI Group XIV, LLC (“SMI”) (together, “Plaintiffs”), and defendant-appellee Chicago Title Insurance Company (“Chicago Title”) over whether Chicago Title breached a duty of care to Plaintiffs, causing damages, when it recorded unauthorized liens on CPIII’s property. We have ju

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Viola Chambers v. HSBC Bank USA, N.A

On April 5, 2006, Chambers and her son purchased a residential condominium in Novi, Michigan. The total cost of the condo was $608,294.00. They financed the purchase with $25,000.00 from Chambers’ personal funds and obtained a mortgage loan from Fremont Investment and Loan (“FILC”) in the amount of $583,294.00 (the “first mortgage”). Chambers and her son also took a second mortgage lo

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In the Matter of the Marriage of Debbie L. Find nka Debbie L. Thomason and Scott Fine

Husband appeals a general judgment of dissolution, seeking a modification of the property division and spousal support award. He asserts that the trial court erred when it (1) miscalculated the amount of money that wife withdrew from the parties’ joint bank accounts, and failed to account for that amount in the property division; (2) failed to account, in the property division, for $165,000 wort

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Macquarie Bank Limited v. LexMac Energy, L.P.

Macquarie Bank Limited (Macquarie Bank) and a subsidiary brought suit
against LexMac Energy, L.P. (LexMac); Novus Operating Company, L.P. (Novus);
Lexar Energy, Inc. (Lexar); and Bradley Knickel, who controls all three companies
(collectively, Lexar Group). Macquarie Bank and the subsidiary alleged claims of
deceit, fraud, and promissory estoppel, among others, and also alleged tha

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JENNIFER PIKE v. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE

The petitioner, Jennifer Pike, appeals an order of the Superior Court (McNamara, J.) granting summary judgment to the respondent, Deutsche Bank National Trust Company, as Trustee (Trust), in her action to enjoin the foreclosure sale of real property located in New London. On appeal, the petitioner argues that the trial court erred when it determined that she lacked standing to challenge the assig

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JESSICA RAMOS & others1 vs. INTERNATIONAL FIDELITY INSURANCE COMPANY

The plaintiffs commenced these actions against
the defendant, International Fidelity Insurance Company (IFIC),
to recover cash collateral and certain bail bond insurance
premiums collected from each of them by IFIC's agent William
Fiore, who is now deceased. On cross motions for summary
judgment, the motion judge allowed the plaintiffs' motions on
their counts allegi

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FOGE INVESTMENTS, L.L.C. and AJR PEAKVIEW, INC. vs. FIRST NATIONAL BANK OF WAHOO, NEBRASKA

FoGe Investments, LLC, and AJR Peakview, Inc. (together “FoGe”),
appeal from the district court’s decree granting sanctions against it and its
counsel, which included a judgment in favor First National Bank of Wahoo,
Nebraska (First National), as well as monetary sanctions. We conclude that, due
to FoGe’s lack of compliance with the rules of civil procedure, the court

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DONNA CANAVAN vs. JOE W. CONLAN, MICHAEL SAUSER, and CS & R, LLC d/b/a CORNERSTONE HOMES,

A home buyer appeals from an adverse judgment following jury trial of her
breach-of-contract, negligence, and misrepresentation claims against the seller.
Donna Canavan contends the trial court (1) erred in not granting a new trial when
the jury’s verdict was not sustained by sufficient evidence; (2) erred in failing to
grant a directed verdict in regard to the individual li

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Bank of America, N.A. v. Jene Morris and Tara Morris

¶1 The trial court defendant, Jene Morris (Morris), appeals an Order which denied Morris' Motion to Vacate a summary judgment and subsequent foreclosure judgment entered in favor of the plaintiff Bank of America, N.A. (Bank).1



BACKGROUND



¶2 Bank brought this action against Morris and Tara Morris (husband and wife), and others (named Jon Doe and Jane Doe as

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Diana Houck v. Substitute Trustee Services

Diana Houck commenced this action under 11 U.S.C. § 362(k), alleging that the defendants foreclosed on and sold her homestead in violation of the automatic stay triggered by her filing of a Chapter 13 bankruptcy petition. The district court granted the motion to dismiss filed by one of the defendants, Substitute Trustee Services, Inc. (the “Substitute Trustee”), concluding that Houck failed t

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Virginia Poindexter v. Mercedes-Benz Credit

Virginia M. Poindexter appeals the district court’s grant of summary judgment to Mercedes-Benz Credit Corporation (“MBCC”) on her claims arising from MBCC’s failure to timely release a lien placed on her residence after she satisfied her underlying debt obligation. For the reasons set forth below, we affirm the district court’s judgment.
I.
In April 2001, Poindexter purchased an

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MICHAEL SHERMAN v. HENNESSY INDUSTRIES

In March 2012, appellants initiated the underlying action. Their first amended complaint, filed March 22, 2012, contains claims against Hennessy for negligence, strict liability, false representation, failure to warn, and loss of consortium. The claims rely on allegations that Hennessy’s predecessor in interest, the Automotive Maintenance Machinery Company (AMMCO), designed and sold an arcing

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JULIE A. CARLE, f/k/a JULIE A. STEYH v. WILLIAM T. STEYH

The factual background of this dispute has been described in an earlier opinion
entitled Steyh v. Steyh, 2013 MT 175, 370 Mont. 494, 305 P.3d 50. Therefore, we review
only the factual background of this dispute and refer the reader to Steyhforbroader context.
Steyh, ¶¶ 3-7.
¶4 After less than two years of marriage, Julie Steyh (Julie) filed a pro se dissolution
peti

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Defense Resource Services, LLC v. First National Bank of Central Texas

In two issues, appellant, Defense Resource Services, LLC (“DRS”), challenges a judgment entered in favor of appellee, First National Bank of Central Texas (“FNB”). Specifically, DRS asserts that the trial court erred because it determined: (1) that FNB’s 1991 lien secured both a 1991 loan and a 2008 loan, even though the 1991 loan was paid in full; and (2) that the payment of the 1991 lo

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Wyle Inc. v ITT Corp

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered October 23, 2013, which denied defendants' CPLR 3211(a)(1) and (7) motion to dismiss plaintiffs' amended complaint asserting fraudulent inducement, affirmed, without costs.

The court properly concluded that the fraudulent inducement claim was not duplicative of the breach of contract claim.

The underlying facts

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United States of America v. Julio Cesar Esquivel Reyes





PHOENIX, AZ – Julio Cesar Esquivel Reyes, 41, of Tolleson, Ariz. was sentenced by Senior U.S. District Judge Roslyn Silver to five years in prison and ordered to pay $568,413 in restitution. Reyes previously pleaded guilty to conspiracy

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