Mortgage Law
 
United States of America v. Sarah Elizabeth Coffelt Federal Courthouse - Seattle, Washington

Seattle, WA - Former Bookkeeper Who Embezzled more than $750,000 from Orcas Island Couple Sentenced to Prison - Trusted with Bank Accounts and Credit Cards, she used Couple’s Money for her Personal Expenses for more than Ten Years

A former resident of Eastsound, Orcas Island, Washington was sentenced July 20, 2017 in U.S. District Court in Seattle to 33 months in prison and three years of... More...
   $0 (07-20-2017 - WA)

Richard D. Sibert v. Wells Fargo Bank, N.A.

While serving in the U.S. Navy, Richard Sibert obtained a loan secured by a
mortgage to purchase a house in Virginia Beach, Virginia. Soon after his discharge from
the Navy, he defaulted on the loan, and the lender began foreclosure proceedings. During
those proceedings, however, and before any foreclosure sale was held, Sibert enlisted in
the U.S. Army. The lender continued to pur... More...
   $0 (07-18-2017 - VA)

United States of America v. Ronald Rodis and Charles Wayne Farris United States District Court for the Southern District of California - Santa Ana, California

Santa Ana, CA - Two California Men Sentenced to Prison for Their Roles in Fake Law Firms That Promised to Help Struggling Homeowners

Two Orange County, California men were sentenced yesterday in U.S. District Court in Santa Ana, California to serve 41 and 47 months in prison, respectively, for their roles in a multi-million dollar fraudulent mortgage modification scheme posing as a succe... More...
   $0 (07-18-2017 - CA)

United States of America v. Casey Padula Federal Courthouse - Tampa, Florida

Tampa, FL - Florida Businessman Sentenced to Prison for Conspiring to Commit Tax and Bank Fraud - Concealed Approximately $2.5 Million in Secret Belize Accounts

A Florida businessman was sentenced July 17, 2017 to 57 months in prison in U.S. District Court for the Middle District of Florida for conspiring to commit tax and bank fraud.

According to documents filed with the court, ... More...
   $0 (07-18-2017 - FL)

Rolland Jacks v. City of Santa Barbara

Pursuant to an agreement between Southern California Edison (SCE) and
defendant City of Santa Barbara (the City), SCE includes on its electricity bills to
customers within the City a separate charge equal to 1 percent of SCE‟s gross
receipts from the sale of electricity within the City, and transfers the revenues to
the City. The City contends this separate charge, together w... More...
   $0 (07-17-2017 - CA)

Deutsche Bank National Trust Company, as Trustee, ets., v. Alan Pyle

In OC Interior Services, LLC v. Nationstar Mortgage, LLC (2017) 7 Cal.App.5th
1318 (review den. May 10, 2017) (OC Interior) another panel of this court concluded that
2
a void judgment does not pass title free of the lien purportedly cancelled by the void
judgment; rather, "a void judgment in the chain of title has the effect of nullifying a
subsequent transfer, including a tr... More...
   $0 (07-14-2017 - CA)

E. Peter Healey v. Edwin N. Healey, Elizabeth Healey and Michael R. Healey

E. Peter Healey (Pete) appeals from an adverse judgment rendered after a jury trial in this family dispute involving duty and money. Initially brought by his father, Edwin N. Healey (Bud), against Pete and his brothers Paul C. Healey and Mark J. Healey, the suit widened when Pete named his siblings, Elizabeth Healey (Liza) and Michael R. Healey (Mike) as third-party defendants. Pete asserts ten is... More...   $0 (07-12-2017 - TX)

United States of America v. Michael Tobak Federal Courthouse - Minneapolis, Minnesota

Minneapolis, MN - Home Health Care Business Owner Sentenced To Two Years In Prison For Tax Fraud

Michael Tobak, 55, to two years in prison for filing a false tax return. TOBAK pleaded guilty on November 7, 2016, and was sentenced on June 29, 2017, before U.S. District Judge Joan N. Ericksen in U.S. District Court in Minneapolis, Minn.

According to the defendant’s guilty plea and ... More...
   $0 (07-11-2017 - MN)

United States of America v. Prospect Mortgage Company, L.L.C. Federal Courthouse - San Francisco

San Francisco, CA - Prospect Mortgage, LLC Agrees To Pay $4.157 Million To Resolve False Claims Act Allegations Arising From The FHA Mortgage Lending Practices Of Two Of Its Branches

Prospect Mortgage Company, LLC (“Prospect”) has agreed to pay the United States $4.157 million to resolve allegations that that the company committed civil mortgage fraud in connection with its participation ... More...
   $5157000 (07-09-2017 - CA)

Wayne E. Freeman; Freeman Resources, Ltd.; FRM GP, LLC; Frank M. Bufkin, III; Buffco Production, Inc.; Twin Resources, LLC; and Chesapeake Louisiana, L.P. v. Harleton Oil & Gas, Inc.

“In 2008, oil and gas companies descended on east Texas . . . seeking to acquire leases to exploit the Haynesville Shale formation, which they viewed as having enormous potential.”1 During this frenzied period, Chesapeake Louisiana, L.P. (Chesapeake), entered into a letter agreement with Buffco Production, Inc. (Buffco), and Twin Resources, L.L.C. (Twin), to purchase three-year term assignments in... More...   $0 (07-07-2017 - TX)

Cheryl Johnson a/k/a Cheryl Angrum v. Citimortgage, Inc.

Cheryl Johnson a/k/a Cheryl Angrum (Johnson) appeals the trial court’s judgment awarding possession of a property to CitiMortgage, Inc., which foreclosed a lien on the property. In two issues, Johnson contends CitiMortgage did not have standing to obtain a judgment of possession and that the trial court abused its discretion because there was a factual issue of title and it did not have jurisdicti... More...   $0 (07-05-2017 - TX)

Clean Air Council, et al. v. E. Scott Pruitt

Petitioners, a group of environmental
organizations, challenge the Environmental Protection
Agency’s decision to stay implementation of portions of a final
rule concerning methane and other greenhouse gas emissions.
For the reasons set forth in this opinion, we conclude that EPA
lacked authority under the Clean Air Act to stay the rule, and
we therefore grant petitioners’ m... More...
   $0 (07-03-2017 - DC)

Raymond A. Schep v. Capital One, N.A.

Are a trustee’s acts in recording a notice of default, a notice
of sale, and a trustee’s deed upon sale in the course of a
nonjudicial foreclosure privileged under Civil Code section 47?1
We conclude that they are and that a plaintiff does not state a
cause of action for slander of title based on the recording of those
documents. Accordingly, we affirm the trial court’s orderMore...
   $0 (06-27-2017 - CA)

United States of America v. Bruce Kevin Hawkins

Dallas, TX - Desoto Man Pleads Guilty For His Role in a “Foreclosure Rescue Scheme” That Exploited Vulnerable Homeowners Facing Foreclosure

Bruce Kevin Hawkins, 52, of Desoto, Texas, appeared in federal court on June 20, 2017 before U.S. Magistrate Judge Renee Harris Toliver and pleaded guilty to one count of mail fraud, announced U.S. Attorney John Parker of the Northern District of Texa... More...
   $0 (06-26-2017 - TX)

Whataburger, Inc., ET AL. v. Whataburger of Alice, LTD.

The underlying dispute arises out of a 1993 settlement agreement between Appellee Whataburger of Alice, Ltd. (“WOA”), and Appellants Whataburger, Inc.; CA Development LLC; CA Real Estate LLC; Cinco Aguilas LLC; Tres Aguilas Enterprises LLC; Tres Aguilas Management LLC; Whataburger International LLC; Whataburger Real Estate LLC; Whataburger Restaurants LLC; Whataburger Ventures, LLC; Whataburger Su... More...   $0 (06-23-2017 - )

Janice Laverne Irving v. Gregory J. Haanstad Federal Courthouse - Milwaukee, Wisconsin

Milwaukee, WI - Milwaukee Woman Sentenced to Prison for False Tax Return Scheme

Paula Forbes (age: 49) of Milwaukee, Wisconsin, was sentenced to 24 months in federal prison followed by three years of supervised release and ordered to pay $143,016 in restitution for income tax fraud. Specifically Forbes conspired to defraud the United States by filing false tax refund claims, in violation ... More...
   $143016 (06-20-2017 - WI)

David White v. CitiMortgage, Inc.

David White thought he had saved his house from foreclosure. He paid the
mortgage servicer, CitiMortgage, Inc., thousands of dollars to undo a sale to the
1The Honorable William Jay Riley stepped down as Chief Judge of the United
States Court of Appeals for the Eighth Circuit at the close of business on March 10,
2017. He has been succeeded by the Honorable Lavenski R. Smith.
F... More...
   $0 (06-19-2017 - MO)

David G. Turner v. Wells Fargo Bank, N.D., et al.

This appeal arises from the judgment of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s order granting Appellees’1 motion to dismiss Rosanna Mac Turner’s and David Turner’s (“Appellants” or “Turners”) Adversary Complaint without leave to amend.
The Turners are the borrowers and Trustors on a Deed of Trust (“DOT”) for residential property in Livermore, California. The DO... More...
   $0 (06-19-2017 - CA)

Michael John Hernandez v. General Mills Federal Credit

General Mills Federal Credit Union1 filed an adversary proceeding to determine
the dischargeability of a debt in Michael Hernandez's Chapter 7 bankruptcy. The
bankruptcy court2 found the debt excepted from discharge, the district court3 affirmed,
and we now affirm as well.
I. BACKGROUND
Hernandez's grandparents, Joseph and Stella Hernandez (whom we will refer
to as Joseph a... More...
   $0 (06-14-2017 - MN)

Amy Powell v. CIT Bank, N.A., f/k/a OneWest Bank, N.A., f/k/a OneWest Bank FSB

This appeal arises out of a dispute between a property owner and a bank seeking to foreclose its lien on the property. The bank’s assignor acquired the lien
1 We grant appellee’s motion for rehearing in part, deny the motion in part, withdraw the memorandum opinion issued on December 15, 2016, and issue this substitute opinion.
2
in a reverse-mortgage transaction. The borrower later di... More...
   $0 (06-08-2017 - TX)

Williams and Fickett v. County of Fresno

As a general rule, a party must exhaust available administrative remedies as
a prerequisite to seeking relief in the courts. “In the property tax context,
application of the exhaustion principle means that a taxpayer ordinarily may not
file or pursue a court action for a tax refund without first applying to the local
board of equalization for assessment reduction under [Revenue and... More...
   $0 (06-07-2017 - CA)

United States of America v. Christina Renee Caveny Northern District of Texas Federal Courthouse - Dallas, Texas

Dallas, TX - Dallas Woman Pleads Guilty For Her Role in a “Foreclosure Rescue Scheme” That Exploited Vulnerable Homeowners Facing Foreclosure

Christina Renee Caveny, 37, of Dallas, appeared in federal court U.S. Magistrate Judge Irma Carrillo Ramirez and pleaded guilty to one count of conspiracy to commit mail fraud.

Caveny faces a maximum statutory penalty of five years in feder... More...
   $0 (06-06-2017 - TX)

Mark D. Niederquell v. Bank of America, N.D.

In 2005, Plaintiffs obtained a loan from Countrywide Home Loans, Inc., to
refinance their mortgage. The loan was secured by a deed of trust and evidenced by a
promissory note indorsed in blank. Plaintiffs made regular loan payments until 2009
when they defaulted. In 2011, Bank of New York Mellon asserted that it was the holder
* After examining the briefs and appellate record, this... More...
   $0 (06-06-2017 - CO)

Fredrick Mahan v. Charles W. Chan Insurance Agency, Inc.

In this appeal we consider whether two plaintiffs, 86-year-old Frederick Mahan
(Fred) and his 79-year-old wife Martha Mahan (Martha)1
have stated a viable claim under
the Elder Abuse and Dependent Adult Civil Protection Act (the Elder Abuse Act or the
Act)
2
against Charles W. Chan (Chan), the Charles W. Chan Insurance Agency, Inc. (the
Chan Agency), Omar Kaddoura (Kadd... More...
   $0 (06-03-2017 - CA)

STATE OF OHIO vs. RICHARD MARCUS LENARD Court of Appeals Of Ohio, Eighth Appellate District

Lenard was charged with one count of grand theft, in violation of
R.C. 2913.02(A)(3), and one count of tampering with records, in violation of
R.C. 2913.42(A)(1). Count 1 alleged that Lenard stole property from Steven Mladenovic
(“Mladenovic”) valued at $7,500 or more, but less than $150,000. Count 2 alleged that
Lenard perpetrated a fraud on Shirley Kummerlen (“Kummerlen”) ... More...
   $0 (06-02-2017 - OH)

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