Mortgage Law
 
In the Interest of G.S., a child

Appellant G.B.C. (the Father) appeals from the decree terminating his parental rights to a daughter, G.S. (the Child). The Father brings four issues arguing that (1) the trial court erred in denying his motion for new trial; (2) the evidence is insufficient to support termination; (3) the Texas Department of Family and Protective Services (the Department) failed to make reasonable efforts to reuni... More...   $0 (09-23-2014 - TX)

Quran Bryant, Stephen A. Barfield, and Grace Everett v. Dennis J. Cady, Ind. and as Trustee of the Dennis J. Cady Living Trust d/b/a Cady Enterprises

Certain executory contracts for conveyance of Texas real estate that is used or is to be used as the purchaser’s residence or the residence of certain relatives of the purchaser are statutorily regulated. See TEX. PROP. CODE ANN. §§ 5.061–.085 (West 2004 & Supp. 2014); see also Morton v. Nguyen, 412 S.W.3d 506, 507 (Tex. 2013). Sellers under covered contracts must, among other things, provid... More...   $0 (09-18-2014 - TX)

United States of America v. Keith G. Smith

DENVER, CO – Keith G. Smith, age 54, of Aurora, Colorado, pled guilty yesterday before U.S. District Court Judge Raymond P. Moore for filing and assisting in preparing false tax returns, United States Attorney John Walsh and IRS Criminal Investigation Special Agent in Charge Stephen Boyd announced. Judge Moore is scheduled to sentence Smith on December 9, 2014. Smith was indicted by a federal ... More...   $0 (09-17-2014 - CO)

Raceway Ford Cases

Plaintiffs, appellants, and cross-respondents (plaintiffs) are consumers who
purchased vehicles from defendant, respondent, and cross-appellant Raceway Ford
(Raceway), an automobile dealership. Plaintiffs alleged numerous causes of action based
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on laws proscribing certain acts against consumers, unfair competition, and deceptive
business practices, bringing both individual cl... More...
   $0 (09-16-2014 - CA)

The People v. Kenneth Mark Doolittle

Defendant Kenneth Mark Doolittle was sentenced to 13 years in prison after the trial court, sitting without a jury, found him guilty on three counts of theft by false pretenses (Pen. Code, § 532, subd. (a)), six counts of theft from an elder or dependent adult (Pen. Code, § 368, subd. (d)), nine counts of false statements or omissions in the sale of securities (Corp. Code, §§ 25401, 25540, sub... More...   $0 (09-08-2014 - CA)

United States of America v. Mathew Martoma

New York, NY - Preet Bharara, the United States Attorney for the Southern District of New York, announced that MATHEW MARTOMA, a former portfolio manager of CR Intrinsic Investors, LLC, a division of SAC Capital, was sentenced today in Manhattan federal court to nine years in prison based on his participation in the most lucrative insider trading scheme ever charged, involving approximately $275 m... More...   $0 (09-08-2014 - NY)

Linda M. Ruivo v. Wells Fargo Bank, N.A. a/k/a Wachovia Mortgage

Linda Ruivo appeals the district
court's dismissal of counts one and five of her First Amended
Complaint. Ruivo argues that count one, captioned "N.H.R.S.A. 397-
A:2(VI)," adequately pleaded a state common law claim of fraud, and
that count five sufficiently pleaded, consistent with its caption,
a promissory estoppel claim. Agreeing with the district court that
both claims ... More...
   $0 (09-08-2014 - NH)

Linda Newell v. Ella Mae Latta, Judy Cash Brassfield and Floyd Brassfield

COMES NOW the Plaintiff, Linda Newell, and for her causes of action against the Defendants, above named, alleges and states as follows:
Statement of Facts
1. In the year 2001 the Plaintiff made an $8,000.00 loan to the Defendant, Ella Mae Latta, to be used for remodeling a kitchen at 6117 5. Zunis St., Tulsa, Oklahoma.
2. On September 23, 2002 the Plaintiff made an additional $15,000.0... More...
   $0 (09-04-2014 - OK)

Willa Rosenbloom v. David E.I. Pyott

Allergan, a specialty pharmaceutical manufacturer,
produces Botox, a well-known cosmetic and therapeutic drug.
In 2010, faced with allegations that it had acted illegally in
marketing and labeling Botox, Allergan settled several qui
tam suits and pled guilty in a criminal case. Allergan
ultimately paid a total of $600 million in part for civil
settlements and in part as a c... More...
   $0 (09-02-2014 - CA)

Betty Douglas v. Fidelity National Insurance Company

In this insurance bad faith case, plaintiffs Betty and Jerry Douglas and defendant Fidelity National Insurance Company (Fidelity) appeal from the judgment after jury trial. Judgment was entered in favor of plaintiffs and against Fidelity in the amount of $807,058.10, plus interest and costs of suit. Plaintiffs appeal the trial court’s decision to strike the jury’s $1.9 million punitive damages... More...   $0 (08-29-2014 - CA)

Frontier Development Group, LLC v. Louis Caravella and Yellowstone Do It Center, LLC

This case arises from the breach of a residential construction agreement. Homeowners Louis and Patricia Caravella appeal from the district court’s judgment, following a court trial, dismissing their fraud counterclaim against respondents, Frontier Development Group, LLC (FDG) and Michael Horn, FDG’s owner/manager. The Caravellas also appeal from the district court’s decision that Horn was no... More...   $0 (08-28-2014 - ID)

Reed J. Taylor v. Richard A. Riley

This is a permissive appeal out of Ada County from an order denying the appellants’ motions for summary judgment. The central issue is whether an attorney who, as counsel for a corporation, issues an opinion letter stating that a stock redemption agreement does not violate the law can be held liable to the shareholder whose stock was redeemed if the opinion was incorrect and the redemption agree... More...   $0 (08-27-2014 - ID)

Cornelius J. Dever v. Wells Fargo Bank National Association, et al.

This appeal arises from a dispute over the disbursement of surplus
proceeds from a foreclosure sale. Cornelius and Assunta Dever (the record property
owners) as well as Wells Fargo Bank (the holder of an unsatisfied mortgage) claimed
that they were entitled to the surplus proceeds. The circuit court ordered the surplus to
be disbursed to Wells Fargo, and the Devers appealed. We rev... More...
   $0 (08-27-2014 - FL)

Nora Friscia v. Thomas Friscia and Nicholas Friscia

Nora Friscia, as personal representative of the Estate of Vincent J. Friscia (the Decedent), seeks review of an order which determines that the Decedent's interest in his former marital home is entitled to the homestead exemption under article X,
- 2 -
section 4 of the Florida Constitution. At the time of his death, the Decedent was divorced from his first wife, Robin Friscia (the Former W... More...
   $0 (08-27-2014 - FL)

Cliressa Elaane Brown v. Ronald Peter Brown, Jr.

After a bench trial, the trial court granted a divorce, awarded custody of the children, and dissolved the marriage between Cliressa Elaane Brown and Ronald Peter Brown, Jr. The trial court took under advisement child support and health insurance, spousal maintenance, and property division matters. A short time later, the trial court determined child support obligations, awarded spousal maintenanc... More...   $0 (08-24-2014 - CA)

Erik Garcia and Irela Garcia v. BAC Home Loans, et al.

On May 25, 2007, Appellants gave a note and mortgage in the amount of
$156,000 to Appellees. The mortgage went into default on October 1, 2009, and on
March 5, 2010, foreclosure was filed. Appellees sought to foreclose on the Garcias’
property. For several months, litigation proceeded as normal and then, suddenly, all
2
activity ceased. Nothing transpired between November 12,... More...
   $0 (08-22-2014 - FL)

DCP Southern Hills Pipeline, LLC v. Darenda D. Mears a/k/a Darenda Talmadge, et al.

Oklahoma City, OK DCP Southern Hills Pipeline, LLC sued Darenda D. Mears an others on eminent domain (condemnation) theories seeking to acquire by condemnation certain rights, title and interest in real property for pipeline use alleging:

Plaintiff DCP Southern Hills Pipeline, LLC, for its cause of action against the Defendants
Darenda D Mears, a/k/a Darenda Talmadge; Arlyn McColloch;... More...
   $4500 (08-21-2014 - OK)

United States of America v. Soo Kyung Hong

LOS ANGELES, CA – A Los Angeles woman was sentenced today to three years in federal prison for orchestrating a scheme that led to the fraudulent purchase of four properties worth more than $2 million.

Soo Kyung Hong, who also used the name “Maria Hong,” 48, a resident of the Miracle Mile section of Los Angeles, was sentenced today by United States District Judge John F. Walter. In a... More...
   $0 (08-21-2014 - CA)

Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset Backed Pass-Through Certificates, Carrington Mortgage Services, LLC and Tom Croft v. Mary Ellen Wolf and David Wolf, on behalf of Themselves And All Others Similarly Situated

Appellants, Wells Fargo Bank, N.A., As Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset Backed Pass-Through Certificates (“Wells Fargo”), Tom Croft (“Croft”), New Century Mortgage Corporation (“New Century”), and Carrington Mortgage Services, LLC (“Carrington”), appeal an
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Order Granting Class Certification on behalf of appellees, Mary Ellen Wolf and David... More...
   $0 (08-21-2014 - TX)

United States of America v. Hong Jae Kim, aka “Randy Kim”

DALLAS, TX — Hong Jae Kim, aka “Randy Kim,” 45, was sentenced today by U.S. District Judge Jane J. Boyle to 10 years in federal prison and ordered to pay $1,795,125 in restitution for his nearly two-year role in a scheme to launder mortgage fraud proceeds, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

A felony information was filed in February 2013 cha... More...
   $0 (08-21-2014 - TX)

Rex Smith v. Kelly Davis and Amber Davis

Rex Smith and Nancy Smith appeal the trial court‟s judgment in favor of Kelly Davis and Amber Davis based on Texas Property Code Section 5.077. The Smiths raise fourteen issues on appeal. We affirm.
BACKGROUND
The Smiths own the Tall Oaks Estates Subdivision in Van Zandt County, Texas. In 2003, Rex Smith signed a contract with the Davises to allow them to purchase lot nine of the subdivi... More...
   $0 (08-20-2014 - TX)

Luis A. Santiago and Linda A. Santiago v. Mackie Wolf Zientz & Mann, P.C.

Luis and Linda Santiago sued several entities involved in their home equity loan and the law firm of Mackie Wolf Zientz and Mann, P.C. (Mackie Wolf). After the trial court granted summary judgment in favor of Mackie Wolf on all of the Santiago’s claims, the trial court granted Mackie Wolf’s motion to sever. In two issues, appellants contend the trial court erred in granting Mackie Wolf’s mot... More...   $0 (08-19-2014 - TX)

Agrisource, Inc. v. Robert Johnson

Robert Johnson (“Johnson”) appeals the district court’s grant of summary judgment in favor of Agrisource, Inc. (“Agrisource”) on Agrisource’s breach of contract claim. The
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Bonneville County district court held that there was no genuine disputed issue of material fact as to Johnson’s lack of disclosure of his agency and alleged principal. Johnson argues on appeal that Agriso... More...
   $0 (08-18-2014 - ID)

Leroy Fonteno v. Wells Fargo Bank, N.A.

In June 2011, defendant Wells Fargo, N.A. (Wells Fargo) foreclosed on the residential mortgage loan of plaintiffs Leroy Fonteno and Jeanette Childs and purchased their home at a trustee sale conducted by defendant First American Trustee Servicing Solutions LLC (First American). Plaintiffs sued, alleging, among other things, that defendants violated both their deed of trust’s incorporation of a p... More...   $0 (08-18-2014 - CA)

United States of America v. Jarrod Jamiel Williams, et al.

DALLAS, TX — Four Dallas-area individuals, along with a defendant from Georgia, who were convicted for their roles in a mortgage fraud scheme that caused more than $3 million in losses to lenders, have been sentenced, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

On Friday, August 15, Jarrod Jamiel Williams, 35, most recently of McKinney, Texas, was senten... More...
   $0 (08-18-2014 - TX)

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