Mortgage Law
 
Cash & Carry America, Inc. v. Roof Solutions, Inc.

The primary question in this case is whether a roofing contractor who performs work
on a structure owes a duty of care in tort to a third party owner of personal property inside
the structure. The answer is yes, although there are limits on the type of property damage
encompassed by this duty of care, as we shall discuss.
Cash & Carry America, Inc. (“CCA”), the appellant, is a

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Rehema Olufemi-Jones and All Other Occupants v. Van Le & Mai Ngo

In this forcible detainer action, Rehema Olufemi-Jones1 appeals the trial court’s judgment awarding possession of certain real property to Appellees Van Le and Mai Ngo. In two issues, Olufemi-Jones asserts the trial court erred because the trial court lacked subject-matter jurisdiction. We affirm the trial court’s judgment. We issue this memorandum opinion because all issues are well settled i

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CMS Investment Holdings, LLC v. Lawrence E. Castle

The plaintiff in this action invested in a Delaware limited liability company
(―LLC‖) whose business was providing non-legal administrative services to law firms
and their mortgage lender clients in connection with mortgage foreclosures. That
business was created by the principal defendants: five individuals who practiced law in
Colorado and Arkansas. Seeking to monetize their

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Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc.

The underlying dispute in this case concerns where housing for low-income persons should be constructed in Dallas, Texas—that is, whether the housing should be built in the inner city or in the suburbs. This dispute comes to the Court on a disparate-impact theory of liability. In contrast to a disparate-treatment case, where a “plaintiff must establish that the defendant had a discriminatory i

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United States of America v. Derek Zar, Michael Jacoby and Susanne Zar a/k/a Susanne Hames

Defendants Michael Jacoby, Derek Zar, and Susanne Zar appeal convictions
and sentences arising from their participation in a mortgage fraud scheme. The
government tried the defendants together, but each defendant separately appealed and
filed separate briefs. Because the defendants assert both joint and individual
challenges to their convictions and sentences, we permitted the gove

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United States of America v. Michael Justin Hoopes

POCATELLO, ID - Michael Justin Hoopes, 41, of Rexburg, Idaho, was sentenced today to 24 months in prison followed by three years of supervised release, including 200 hours of community service, for wire fraud and monetary transactions in property derived from specified unlawful activity, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Hoopes to pay $620,00

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United States of America v. Helen Herold-Roden

BOISE, ID - Helen Herold-Roden, 49, of Boise, Idaho, pleaded guilty to embezzlement and theft of labor union assets. Herold-Roden pleaded guilty pre-indictment to a one-count criminal information filed by the U.S. Attorney’s Office.
According to the plea agreement, from 2002, until July 2014, Herold-Roden was the secretary-treasurer of the Communication Workers of America (CWA) Local Union

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Sunset Hills Homeowners Association, Inc. v. Frank Carroll

Appellant Sunset Hills Homeowners Association, Inc. challenges the trial court’s default judgment awarding it damages, attorney’s fees, and costs in its suit against Appellee Frank Carroll to collect unpaid assessments. In its sole
1See Tex. R. App. P. 47.4.
2
issue, Sunset Hills contends the trial court erred by refusing to include in the default judgment an order authorizing Suns

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ALW Family Trust v. JLH Family Trust

Tulsa, OK - ALW Family Trust sued JLH Family Trust seeking judicial dissolutions, The claims made and defenses asserted by the parties to this litigation are not available.

Docket
Date Code Description Count Party Amount
04-02-2014 TEXT

Civil Misc. Initial Filing.
1
04-02-2014 OTHER

PETITION FOR JUDICIAL DISSOLUTIONS

04-02-

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United States of America v. Sally R. Hansen

COEUR D'ALENE - Sally R. Hansen, 39, the former Athol City Clerk, was sentenced to 48 months in prison followed by three years of supervised release for embezzlement, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Hansen to pay a special assessment in the amount of $15,000, and to pay $434,112 in restitution to the City of Athol. Hansen pleaded gui

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United States of America v. Christopher Paul George, Crystal Taiwana Buck and Albert DiRoberto

RIVERSIDE, CA – A federal jury convicted three defendants who worked at a Rancho Cucamonga business that offered bogus loan modification programs to thousands of financially distressed homeowners who lost more than $7 million when they paid for services, including loan modifications, that were never provided.

The three Southland residents found guilty today of federal fraud charges were

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Dana Eldon Baker v. Marlin Michael Sabinash

[¶1] Marlin and Tanya Sabinash appealed from a corrected judgment quieting title to real property located in Stutsman County to Dana Baker. Because the district court erred as a matter of law in determining the county tax lien was superior to the interest held by the State through a Bank of North Dakota mortgage on the property, we reverse and remand for entry of judgment quieting title to the pr

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United States of America v. George Lindell

HONOLULU, HI - Following a 25-day trial spanning over seven weeks, a federal jury found George Lindell, 67, and Holly Hoaeae, 40, both formerly of Maui, guilty of eight mail fraud and two wire fraud charges in connection with their operation of a multi-million dollar Ponzi scheme associated with their mortgage and insurance business on Maui. Lindell was also convicted of four counts of money laund

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Israel Gonzalez v. McKinney Dodge Inc., Dodge City of McKinney and Gus Rodriguez

Appellant Israel Gonzalez brought suit against appellees McKinney Dodge, Inc. and Gus Rodriguez, alleging he was wrongfully terminated from his employment in retaliation for filing a worker’s compensation claim, in violation of Texas Labor Code Sections 451.001 and 451.002. Appellees filed a motion for traditional summary judgment asserting, among other grounds, that the retaliatory discharge st

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William A. Kutner and Tara G. Kutner v. Wells Fargo Bank, N.A., Mortgage Electronic Registration Systems, Inc., and Pulaski Mortgage Company

After they lost their home to foreclosure, appellants William A. Kutner and Tara G. Kutner sued appellees Wells Fargo Bank, N.A. and Mortgage Electronic
1See Tex. R. App. P. 47.4.
2
Registration Systems, Inc.2 for filing a fraudulent lien instrument, violating the
Texas Debt Collection Act and the property code, and breaching a contract.
They also sought injunctive relief.

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Craig W. Hyroop and Shannon M. Hyroop v. David C. Ellis Profit Sharing Plan

Tulsa, OK - Craig W. Hyroop and Shannon M. Hyroop sued the David C. Ellis Profit Sharing Plan petitioning to vacate a deficiency judgment claiming:

The Plaintiffs, Craig W. and Shannon M, Hyroop (“Plaintiffs”), pursuant to Okia. Stat. tit. 12, § 1033, and based upon the grounds set forth in Okla. Stat. fit. 12, § 1031(3), (4) andlor (7), hereby petition to vacate an in personam judg

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Elizabeth Grant Johnson v. Kari Johnson

Kari Johnson filed a petition for further review of the Nebraska Court of Appeals’ decision which affirmed in part
Nebraska Advance Sheets
840 290 NEBRASKA REPORTS
and reversed in part the order of the district court for Douglas County which modified his child support obligation. We conclude that (1) the Court of Appeals correctly determined that the district court erred when it impu

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Thomas F. Merry v. Northwest Trustee Services, Inc. and Nationstar Mortgage, LLC

Thomas Merry appeals the dismissal of a declaratory judgment action in which he sought to establish the priority of his deed oftrust on a residential property after a trustee, claiming to act on behalf of Nationstar Mortgage, LLC, commenced nonjudicial foreclosure. Relying on Rain v. Metropolitan Mortgage Group, 175 Wn.2d 83, 93, 285 P.3d 34 (2012), Mr. Merry contends that Nationstar had no enforc

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Yvette Noe v. Levy Premium Foodservice Limited Partnership

Anschutz Entertainment Group (AEG) contracted with Levy Premium Foods to manage the food and beverage services at several entertainment venues located in southern California. Levy contracted with Canvas Corporation to provide laborers who sold food and beverages at AEG venues. In 2013, several vendors filed a wage and hour class action against AEG, Levy and Canvas for failure to pay minimum wage a

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State of Oklahoma ex rel. Oklahoma Bar Association v. Larry Douglas Friesen

¶1 On March 21, 2014, a Criminal Information was filed in the United States District Court for the Western District of Oklahoma, against the Respondent, Larry Douglas Friesen (Respondent), an attorney and member of the Oklahoma Bar Association.1 The Criminal information accused the Respondent of willfully failing to pay income and FICA taxes to the Internal Revenue Service (IRS). The Respondent w

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Alan Benefiel v. Jewl Boulton and Christina Benefiel



¶0 Plaintiff Benefiel brought suit against Defendant Boulton to quiet title and to foreclose a judgment lien granted in connection with a divorce decree entered in a prior case. The subject real property was sold to Boulton subject to the pre-existing judgment lien. Plaintiff claimed a reversionary provision in his divorce decree vested him with title to the subject real property follow

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Albert Morris and Tilda Morris v. Sand Canyon Corp. f/k/a Option One Mortgage Corporation, American Home Mortgage Servicing, Inc. n/k/a Homeward Residential, Inc. and Wells Fargo Bank, N.A.,

Appellants, Albert and Tilda Morris, (“the Morrises”) appeal the trial court’s
order granting summary judgment on their petition for bill of review in favor of
appellees, Sand Canyon Corp. f/k/a Option One Mortgage Corporation, American
Home Mortgage Servicing, Inc., and Wells Fargo Bank, N.A. In two issues, the
Morrises contend the trial court erred because (1) the Morrises

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Alice M. Jones v. Antonio Murillo Individually and d/b/a Tiger Construction and The National Association of Minority Contractors of Texas

This appeal arises from a dispute over roof-repair work performed through
the City of Houston’s emergency home-repair program. An organization working
1 We withdraw our previous memorandum opinion of March 31, 2015, and
issue this substitute memorandum opinion.
2
through this program contracted with a roofer to repair a homeowner’s roof. The
homeowner was unhappy with t

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Michael Abend v. Federal National Mortgage Association

In this forcible detainer action, the county court signed a final judgment for
possession in favor of appellee Federal National Mortgage Association (Fannie
Mae) against appellant Michael Abend and others. In a single issue, Abend
contends that the county court erred by resolving the de novo appeal from justice
court without Abend having forty-five days’ notice of the trial setti

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United States of America v. Richard Zanco

New Orleans, LA - Richard Zanco, age 44, of Slidell, was sentenced after previously pleading guilty to money laundering. U.S. District Judge Susie Morgan sentenced ZANCO to thirty months imprisonment to be followed by three years of supervised release.

According to court documents, in about May 2012, ZANCO learned that someone had opened a brokerage account in his name and used that accou

More...   $0 (05-20-2015 - LA)

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