Mortgage Law
 
STATE Of South Dakota v. THOMASON

In 2014, this Court vacated Kenneth Dale Thomason Jr.’s (Ken)
conviction of aggravated theft by deception. State v. Thomason, 2014 S.D. 18, 845
N.W.2d 640. We held that the State failed to prove all the elements of the offense.
Id. ¶ 30. After we vacated his conviction, the State charged Ken with two counts of
forgery in violation of SDCL 22-39-36 and SDCL 22-3-3 (aid and a... More...
   $0 (11-19-2015 - SD)

Wyo-Ben, Inc., a Corporation v. Boyd J. Van Fleet

The State of Wyoming issued a gentleman by the name of D.K. Jones a patent for the property involved in this case in 1955. A couple of decades passed before he and his wife (who was on the title by that time) entered into a mining lease which covered their property and some neighboring lands with Wyo-Ben on November 1, 1970. This conveyance is known as the Jones-Manning lease. [¶4] The lease al... More...   $0 (11-19-2015 - WY)

Tonieta Benson v. Norman Regional Hospital Authority

Norman, OK - Tonieta Benson v. Norman Regional Hospital Authority on a medical negligence (medical malpractice) theory claiming:

1. The Norman Regional Hospital Authority is a public trust operating the Norman Regional Hospital in Norman, Oklahoma.
2. The Plaintiff is in actual or substantial compliance with the Governmental Tort Claims Act and this Petition is timely filed. A claim w... More...
   $0 (11-17-2015 - OK)

Kevin Bode and Marilyn Brown v. Federal National Mortgage Assn

This is an appeal in a forcible detainer action concerning a residential property located in Collin County, Texas. On appeal appellants1 argue that appellee Federal National Mortgage Association (Fannie Mae) lacked the capacity to sue. We resolve appellants’ issue against them and affirm.

BACKGROUND

The facts in this case are undisputed. Appellants bought the residence at issue i... More...
   $0 (11-17-2015 - TX)

Jeffrey Frost & a. v. Michael Delaney & a

This is the second opinion we have issued in connection with the prosecution of Frost for allegedly violating RSA chapter 397-A. See Frost v. Comm’r, N.H. Banking Dep’t, 163 N.H. 365 (2012). We begin by reviewing the statutory backdrop to this case and summarizing the relevant facts drawn from the trial court’s orders, the record, and our prior opinion. RSA chapter 397-A governs the licensing o... More...   $0 (11-17-2015 - NH)

Kevin Gertiser v. Anne Stokes f/k/a Gertiser

After twenty-five years of marriage, Kevin Gertiser and Anne1 Gertiser (now Stokes) divorced in 2007. They have both remarried. At the time of their divorce, the court ordered Kevin to pay Anne incapacity maintenance of $1,182.50 per month, finding that her legal blindness materially affected her ability to support herself:
[Anne] suffers from severe myopia, optic nerve degeneration and macu... More...
   $0 (11-17-2015 - IN)

Mark and D'Nella Sherbet v. Rafaella Bender

Appellants Mark and D’Nella Sherbet appeal from the trial court’s judgment in favor of appellee Rafaella Bender in this suit for partition of certain real property jointly owned by the Sherbets and Bender. In one issue, the Sherbets contend the trial court erred in ordering a partition by sale because Bender was estopped from filing her partition suit without first offering the Sherbets the right ... More...   $0 (11-16-2015 - TX)

Continental Western Insurance Company v. James Black, Jj Bugs, Ltd., Andrew Gustafson, Individually, and as Personal Representative of Stephanie Gustafson, Charles Adsit, Joe Patterson, and Mia Patterson

On December 27, 2010, James Black purchased three refrigerated trailers from Keizer Trailer Sales, Inc. (Keizer). The purchase was made pursuant to an Offer of Purchase Agreement (Purchase Agreement) prepared by Keizer. On its front side, the Purchase Agreement set forth the total price of the trailers and specified the following terms (with our emphasis added): These trailers are being purchas... More...   $0 (11-16-2015 - WY)

Mason v. Fremont Investment & Loan

Plaintiff executed a note with Defendant Fremont in the amount of $128,000.00 (the “Note”) on or about September 7, 2005. See Dkt. No. 1-3 at 4, ¶ 10. The Note was secured, through a deed of trust (the “Deed of Trust”), with property located in Palmer, Texas (the “Property”). See id. at 3-4, ¶¶ 9, 11. Defendant MERS, as nominee for Fremont and its assigns, was the beneficiary of the Deed of Trust.... More...   $0 (11-15-2015 - )

Mary Ellen and David Wolf v. Wells Fargo and Carrington Mortgage Services

Houston, TX - Plaintiffs Awarded $5 Million on Mortgage Fraud Claim

Mary Ellen and David Wolf sued Wells Fargo and Carrington Mortgage Services on fraud theories claiming that the Defendants fabricated a transfer document so that they could foreclose in the Wolfs' property which was security for a $400,000 loan from Carrington.

In June 2006, the Wolfs refinanced their mortgage v... More...
   $0 (11-14-2015 - )

Grapevine Diamond, L.P. and Jonathan Aflatouni v. City Bank

In this post-foreclosure deficiency suit, a second lienholder and guarantor challenge a foreclosure sale by the first lien holder. The main areas of controversy include whether (1) the first lien holder conclusively established its right to enforce the underlying notes and guaranties despite an alleged name discrepancy between the loan documents and pleadings, (2) alleged irregularities in the for... More...   $0 (11-10-2015 - TX)

Gary A. Wright v. Experian Information Solutions, Inc.; Trans Union, LLC

On May 27, 2009, the Internal Revenue Service (“IRS”) filed a notice of federal
tax lien (“NFTL”) with the Pitkin County Recorder (the “Recorder”) in Colorado listing
as name of taxpayer: Attorneys Title Insurance Agency of Wright Gary A Member
On May 8, 2009, Mr. Wright had sent a check to the IRS for the unpaid employment
taxes underlying the lien.
The Recorder listed the lie... More...
   $0 (11-10-2015 - CO)

McGINNITY v. KIRK

This is an appeal from a judgment entered after a non-jury trial in a mortgage foreclosure proceeding. We hold the value of the property exceeded the amount due on the mortgage and no waste was present, but the district court's finding that the Kirks breached the contract for deed is not against the clear weight of the evidence on the McGinnitys' claims of failure to maintain insurance and failure... More...   $0 (11-09-2015 - OK)

Yada Smith and/or all ther occupants v. Beneficial Financial Inc., successors and assigns

This is an appeal from a judgment in a forcible detainer action awarding possession of a property located at 906 Ponds Court, Cedar Hill, Texas 75104–7280 (“the property”) to appellee Beneficial Financial 1 Inc., and its successors and assigns (“Beneficial”). In a single issue, appellant Yada Smith argues the trial court erred because she had “a superior right to immediate possession of her mortga... More...   $0 (11-06-2015 - TX)

Freeman v. J.L.H. Investments

Julie Freeman, individually and on behalf of 5,314 similarly situated car buyers, filed a lawsuit against J.L.H. Investments, LP, a/k/a Hendrick Honda of Easley ("Hendrick"), seeking damages under the South Carolina Dealers Act1 (the "Dealers Act") on the ground that Hendrick "unfairly" and "arbitrarily" charged all of its customers "closing fees"2 that were not calculated to reimburse Hendrick ... More...   $0 (11-06-2015 - SC)

Wachesaw Plantation v. Alexander

Alexander purchased a home for his elderly father in Murrells Inlet, South Carolina. After his father was released from a second hospitalization, he did not return to the house. Alexander neglected to pay the regime fees on the home and subsequently the homeowners' association's attorney informed him that a lien had been placed against the house.
The homeowners' association initiated a forec... More...
   $0 (11-06-2015 - WV)

U.S. Bank, N.A. v. David R. Tannenbaum

The Bank filed a residential foreclosure complaint against Tannenbaum on August 16, 2011.1 The Bank alleged that Tannenbaum executed a promissory note and a mortgage securing the note on certain property in Lisbon Falls in 2005;
that he defaulted on the note by failing to make monthly mortgage payments due
beginning October 1, 2010; and that, through a series of endorsements and
a... More...
   $0 (11-06-2015 - ME)

Teenya M. Dixon and all other occupants of 1409 Shadow Brook Trail Garland, Texas 75043 v. The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificate Holders of CWalt, Inc. Alternative Loan Trust 2004-J5 Mortgage Pass-Through Certificates Series 2004-J5

In this appeal, we are asked to review a County Court’s judgment giving a bank possession of a house that was sold to it at foreclosure, and thereby dispossessing the current occupant. The appeal was transferred to this court from our sister court in Dallas.1 The Dallas
1 This appeal was transferred pursuant to the Texas Supreme Court’s docket equalization efforts. See TEX. GOV'T CODE ANN. § 7... More...
   $0 (11-05-2015 - TX)

United States of America v. Curtis R. Martin, Jr.

Baltimore, MD - Serial Fraudster Sentenced to Eight Years in Prison for Business Fraud Scheme

Committed Fraud While on Supervised Release for Previous Federal Fraud Conviction

Curtis R. Martin, Jr., age 55, of Baltimore, Maryland, today to 8 years in prison, followed by three years of supervised release, for wire fraud. Martin previously pleaded guilty a scheme to defraud a busi... More...
   $0 (11-05-2015 - MD)

Chesapeake Exploration, L.L.C. v. Buell

In this case, which is before us on the certification of state-law questions by the United States District Court for the Southern District of Ohio, Eastern Division, we address whether, under Ohio’s Dormant Mineral Act, codified in R.C. 5301.56, a recorded lease of severed oil and gas rights, or the expiration of that lease, is a title transaction that constitutes a saving event to preclude the se... More...   $0 (11-05-2015 - OH)

State Of Montana v. Guill

Richards and Trusler began their relationship in July 1991, at ages 20 and 21
respectively. Later that summer, Richards moved in with Trusler on his family’s ranch
property, Trusler Ranch, in Ashland, Montana. Richards was working at a local grocery
store at the time and Trusler was a ranch hand for Trusler Ranch. In April 1992, the
couple had their first child, son TR. TR ... More...
   $0 (11-05-2015 - MT)

CML-KS Blue Valley v. MJH Venture

Although most of the facts are largely not in dispute, this case involves a vast array of corporate entities, banks, courts, and financial instruments. We will limit the discussion here to the key facts necessary to a holding in this case. Because the transfers of various interests are not in dispute, we will refer only to the final successors in interest when describing the rights claimed by the ... More...   $0 (11-05-2015 - KS)

Robert L. Mitchell v. State of Tennessee

This Court summarized the facts supporting the Petitioner‟s convictions in his first appeal as follows:
On February 4th and 5th, 2004, the [Petitioner] committed a series of acts against his wife, C.F.M., FN1 who was the primary victim of the crime, and his nine-year-old stepdaughter, B.R.S., which led to the various convictions. The events began at the family home in Davidson County,... More...
   $0 (11-02-2015 - TN)

Brissette v. Ryan

After a Superior Court trial in this legal
malpractice case, a jury found that the primary defendant,
Edward J. Ryan, Jr., was negligent in his representation of the
plaintiff, Marie D. Brissette, and awarded damages to her in the
amount of $100,000 against Ryan and his law firm, Ryan,
Boudreau, Randall, Kirkpatrick & Baker, LLP (law firm)
(collectively, defendants).2 ... More...
   $0 (10-31-2015 - MA)

Walker v. McGuire

In October 2012, plaintiff, Reuben D. Walker, filed a putative class action complaint against defendant, Pamela J. McGuire, clerk of the circuit court of Will County, challenging, inter alia, the constitutionality of section 15-1504.1 of the Code. At the time the complaint was filed, section 15-1504.1 provided, in relevant part, as follows: “Filing fee for Foreclosure Prevention Program Fund. (a)... More...   $0 (10-31-2015 - IL)

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