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Mortgage Law
 
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)

United States of America v. Lorindo Powell






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N... More...
   $0 (11-02-2018 - NY)

AMN Healthcare, Inc. v. AYA Healthcare Services, Inc.

Solomon Ward Seidenwurm & Smith, William V. Whelan, Mei-Yin M. Imanaka
and Deborah A. Yates, for Defendants, Cross-complainants, and Respondents.
Plaintiff AMN Healthcare, Inc. (AMN) appeals (1) the judgment in favor of
defendants Kylie Stein, Robin Wallace, Katherine Hernandez, Alexis Ogilvie (sometimes
collectively, individual defendants) and Aya Healthcare, Inc. (Aya) (sometimes... More...
   $0 (11-02-2018 - CA)

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)

Manny Villanueva v. Fidelity National Title Company

In their first appeal (case No. H041870), both plaintiff Manny Villanueva,
individually and as class representative, and defendant Fidelity National Title Company
(Fidelity) appeal from a judgment following a bench trial in this class action lawsuit
alleging violations of the Unfair Competition Law (UCL) (Bus. & Prof. Code, §§ 17200
et seq.). Villanueva and the class (jointly Plain... More...
   $0 (10-29-2018 - CA)

United States of America v. Nomura Holding America, Inc.

Brooklyn, NY - Nomura Agrees to Pay $480 Million in Civil Penalties for Misleading Investors in Sale of Residential Mortgage-Backed Securities

The United States has reached an agreement with Nomura Holding America Inc. and several of its affiliates (“Nomura”), which will pay a $480 million penalty to resolve federal civil claims that Nomura misled investors in connection with the marketin... More...
   $480000000 (10-23-2018 - NY)

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)

Jason Castle v. Mary Castle






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Mary and Jason married in 1999 in Tuscaloosa, Alabama. At the time, Mary was
twenty-three years old, and Jason was twenty-five. During their marriage, the Castle... More...
   $0 (10-17-2018 - MS)

Manny Villanueva v. Fidelity National Title Company

In their first appeal (case No. H041870), both plaintiff Manny Villanueva,
individually and as class representative, and defendant Fidelity National Title Company
(Fidelity) appeal from a judgment following a bench trial in this class action lawsuit
alleging violations of the Unfair Competition Law (UCL) (Bus. & Prof. Code, §§ 17200
et seq.). Villanueva and the class (jointly Plain... More...
   $0 (10-15-2018 - CA)

Dr. David S. Muransky v. Godiva Chocolatier, Inc.




This appeal was brought to contest the approval of a class-action settlement. Dr. David Muransky filed a class action against Godiva Chocolatier, Inc. for violating the Fair and Accurate Credit Transactions Act (“FACTA”). Appe... More...
   $0 (10-11-2018 - )

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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Free a... More...
   $765000000 (10-10-2018 - CO)

CONNIE WATKINS AND RICHARD WATKINS V. ARKANSAS DEPARTMENT OF AGRICULTURE





Nearly twenty years ago, appellants and PLWC first clashed regarding the method in
which PLWC was trimming trees on appellants’ property during its power-line
maintenance. The dispute escalated in 2006. It was then that PLWC commissioned More...
   $0 (10-03-2018 - AR)

Manny Villanueva v. Fidelity National Title Company

In their first appeal (case No. H041870), both plaintiff Manny Villanueva,
individually and as class representative, and defendant Fidelity National Title Company
(Fidelity) appeal from a judgment following a bench trial in this class action lawsuit
alleging violations of the Unfair Competition Law (UCL) (Bus. & Prof. Code, §§ 17200
et seq.). Villanueva and the class (jointly Plain... More...
   $0 (10-03-2018 - CA)

Richard L. Fowler v. Caliber Homes Loans, Inc.





When an individual takes out a mortgage, he or she secures the loan with real property. To protect its security interest, lenders usually require borrowers to maintain hazard insurance in an amount that is at least equal to the loan’s unpaid principal balance. Should a ... More...
   $0 (10-02-2018 - FL)

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)

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)

Francis A. Bottini, Jr. v. City of San Diego

Office of the City Attorney, Mara W. Elliott, City Attorney, and Carmen A.
Brock, Deputy City Attorney, for Defendants and Appellants.
Francis A. Bottini, Jr., Nina M. Bottini, and the Bernate Ticino Trust dated March
9, 2009, Trust 3 (the Bottinis) applied to the City of San Diego for a coastal development
permit (CDP) to construct a single-family home on a vacant lot in La Jolla.... More...
   $0 (09-21-2018 - 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)

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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