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Foreclosure Law
 
Jerry Hoang v. Bank of America, N.A.





If a creditor fails to make required disclosures under the
Truth in Lending Act (TILA), borrowers are allowed three
years from the loan’s consummation date to rescind certain
loans.1 15 U.S.C. § 1635(f). Borrowers may effect that
rescission s... More...
   $0 (12-09-2018 - WA)

Unites States of America v. Daniel Sheehan



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Philadelph... More...
   $0 (12-03-2018 - PA)

Debra Lea Wilson v. James Rigby; First Citizens Bank

The filing date of a bankruptcy petition determines the
law governing exemptions and freezes the value of the
exemptions that the debtor may claim. Because Debra
Wilson’s amended bankruptcy schedules sought to claim
4 WILSON V. RIGBY
more than Washington law permitted her to claim as of the
petition date, we affirm the district court’s decision, limiting
her claimed exe... More...
   $0 (11-29-2018 - WA)

DLI Properties, LLC v. Cherokee Hill

Plaintiff DLI Properties, LLC filed an unlawful detainer action against defendant
Cherokee Hill after she failed to pay rent and defaulted on the parties’ lease agreement.
Defendant raised as an affirmative defense plaintiff’s failure to comply with Civil Code
section 1962’s1 disclosure requirements. On appeal, defendant contends section 1962,
subdivision (c), bars a “successor own... More...
   $0 (11-29-2018 - CA)

Professional Tax Appeal v. Kennedy-Wilson Holdings, Inc.

This is an appeal from the sustaining of a demurrer
without leave to amend. Plaintiff and appellant Professional Tax
Appeal entered a contract with the owner of vacant land by which
plaintiff agreed on a contingent fee basis to seek 2009 and 2010
property tax reductions. The property tax appeals succeeded in
reducing the assessed value of the vacant land by millions of
doll... More...
   $0 (11-24-2018 - CA)

Bear Creek Master Association v. Southern California Investors, Inc.

In this case, the parties dispute which of their recorded liens against a golf course
property has priority. In 2013, defendant, cross-complainant, and respondent, Southern
California Investors, Inc. (SCI), recorded a third deed of trust against the golf course
property. In 2014, plaintiff, cross-defendant, and appellant, Bear Creek Master
Association (BCMA), a homeowners associati... More...
   $0 (11-12-2018 - CA)

David Schmidt v. Citibank, N.A.

Plaintiffs David and Hedda Schmidt appeal from a judgment entered in favor of
defendants Citibank, N.A., as Trustee for Structured Asset Mortgage Investments II Trust
2
2007-AR3 Mortgage Pass Through Certificates Series 2007-AR3, and Select Portfolio
Servicing, Inc. (defendants).
The Schmidts filed this action against the defendants, alleging violations of the
Homeowners' ... More...
   $0 (11-11-2018 - CA)

NATIONAL COLLEGIATE STUDENT LOAN TRUST 2007-2 v. FLO A. TIGNER



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United States ex rel. Kat Nguyen-Selgiman v. Lennar Corporation, Universal American Mortgage




Spokane, WA - Universal American Mortgage Company, LLC, Agrees To Pay $13.2 Million to Resolve False Claims Act Allegations Related to FHA Mortgage Insurance

Universal American Mortgage Company, LLC (UAMC) has agreed to pay the United States $13.2 million to resolve allegati... More...
   $13200000 (10-29-2018 - WA)

Garcia-Mathies Interiors, Inc. vs. Antonio Peré and Elizabeth Peré



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Jeanne M. Klimowiczv. Deutsche Bank National Trust Company

In this appeal, we are asked to
revisit a case in which the plaintiff fought tooth and nail in the
Massachusetts state courts and lost. Displeased by the result of
the state-court proceedings, she repaired to the federal district
court and sought to have that court address essentially the same
grievances. The district court rejected her importunings, and the
plaintiff now a... More...
   $0 (10-19-2018 - MA)

Orange Catholic Foundation v. Rose Marie Arvizu

Probate Code section 16440, subdivision (b) (16440(b)) provides that if a
“trustee has acted reasonably and in good faith under the circumstances as known to the
trustee,” a court has discretion to excuse him or her from liability for a breach of trust if it
would be equitable to do so.
1
(Italics added.) Acting under this express authority, the
trial court denied a petiti... More...
   $0 (10-19-2018 - CA)

Joshua P. Pagnini v. Union Bank, N.A.

After plaintiff and appellant Joshua P. Pagnini (appellant) failed to respond to a
demurrer filed by defendants and respondents Union Bank, N.A. and Unionbancal
Mortgage Corporation (respondents), the trial court sustained the demurrer and entered
judgment in favor of respondents. Appellant appeals from the court’s denial of his
motion for relief under Code of Civil Procedure secti... More...
   $0 (10-18-2018 - CA)

In re A.S. Persons coming under the Juvenile Court Law, San Diego County Health and Human Services Agency, v. C.S

This appeal arises from the juvenile court's selection of a tribal customary
adoption as the permanent plan for minors A.S. and E.S. and the corresponding award of
full faith and credit to the tribal customary adoption order. C.S. (Father) and T.F.
(Mother) appeal the court's orders, contending that their due process rights were violated
by the failure of the tribe to consider evid... More...
   $0 (10-14-2018 - CA)

United States of America v. HSBC

Denver, CO - HSBC Agrees To Pay $765 Million In Connection With Its Sale Of
Residential Mortgage-Backed Securities



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   $765000000 (10-10-2018 - CO)

Alex Cheveldave v. Tri Palms Unified Owners Association

Tri Palms Unified Owners Association (the Association) is a group of
homeowners in the Tri-Palms Estates.
There is a recreation facility adjacent to the TriPalms
Estates, and homeowners pay a fee for that recreation facility. In 2014, in
bankruptcy proceedings, Kort & Scott Financial Group, LLC (K&S) was the successful
bidder on the recreation facility. The Association entered... More...
   $0 (10-04-2018 - CA)

United States of America v. Michael S. Davenport

East St. Louis, IL - Former Bassist for the Ataris Pleads Guilty to Defrauding Thousands in Nationwide Telemarketing Real Estate Scam



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   $0 (09-28-2018 - IL)

Amy Arlene Turner v. Seterus, Inc.

In this wrongful foreclosure case, plaintiffs Amy Arlene Turner and Joseph Zeleny
sought damages from defendant Seterus, Inc. (Seterus) on the theory that Seterus had
“frustrated [their] lawful attempt, pursuant to [Civil] Code [section] 2924c, to cure their
default more than five days prior to the noticed foreclosure sale.” The trial court
sustained Seterus’s demurrer to their thi... More...
   $0 (09-25-2018 - CA)

Srikanth Raghunathan and Padmasheri Sampathkumar v. Chase Home Financial and Safegard Properties





Greensburg, PA - Srikanth Raghunathan and Padmasheri Sampathkumar sued Chase Home Financial and Safegard Properties for wrongful foreclosure claiming that they lost scientific records and equipment there were improperly removed from their home while they... More...
   $0 (09-22-2018 - PA)

Sara Hart v. Clear Recon Corp.

Following summary judgment against plaintiffs Sara and
Guy Hart in this wrongful foreclosure action, defendant
Nationstar Mortgage LLC obtained its attorney’s fees as
prevailing party, based on a clause in the deed of trust. On
appeal from the fee award, the Harts contend the clause in
question is not an attorney’s fees provision. We agree and
reverse.
FACTUAL AND PROCE... More...
   $0 (09-22-2018 - CA)

Melody Chacker v. JPMorgan Chase Bank. N.A.

Pursuant to California Rules of Court, rules 8.1105(b) and
8.1110, this opinion is certified for publication with the exception
of Parts II.A–II.B and Part II.D.

Plaintiff and appellant Melody Chacker (plaintiff)
refinanced a loan on her home and then failed to make required
loan payments, which triggered non-judicial foreclosure
proceedings. Plaintiff sued to stop the... More...
   $0 (09-19-2018 - CA)

United States of America v. Mark Demetri Stein

Dallas, TX - Final Defendant Sentenced in 'Foreclosure Rescue' Scheme

The final defendant in a high-profile north Texas “foreclosure rescue” case has been sentenced for his role in the scheme, which swindled nearly a quarter of a million dollars from at least 70 homeowners facing foreclosure, announced U.S. Attorney Erin Nealy Cox of the Northern District of Texas.

Real Estate So... More...
   $0 (09-15-2018 - TX)

SANCTUARY CONDOMINIUM ASSOCIATION INC. vs. CHRISTINE E. CASTRO

On June 2, 2015, Sanctuary filed a complaint against Castro in the Garfield
Heights Municipal Court seeking a personal judgment for $8,577.45 for the post-petition
Sanctuary Assessments and legal fees. Sanctuary claimed that there were no proceeds
available for distribution from the foreclosure sale of the Castro Unit to satisfy the
judgment.
{¶3} On October 21, 2015... More...
   $0 (09-12-2018 - OH)

The Estate of Caldwell Jones, Jr. v. Live Well Financial, Inc. Northern District of Georgia Federal Courthouse - Atlanta, Georgia

This case arises out of the foreclosure of a home-equity conversion
mortgage—commonly called a “reverse mortgage.” We are asked to interpret a
federal statute, 12 U.S.C. § 1715z-20, which authorizes the Secretary of the
Department of Housing and Urban Development to establish a mortgage-insurance
program designed to encourage lenders to offer reverse mortgages and thereby
allev... More...
   $0 (09-12-2018 - GA)

JAMES J. FORBES & FAY ANNETTE FORBES vs PRIME GENERAL CONTRACTORS, INC.

This is an appeal from a final judgment on a claim for breach of contract. James and Fay Forbes sued Prime General Contractors, Inc. for breach after Prime walked off a home construction job. The Forbeses sought damages that included payments they made to Prime under the contract, payments they made for updated

- 2

architectural plans, certain other expenses, and a loss of ... More...
   $0 (09-09-2018 - FL)

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