Mortgage Law
 
Frederick Dawson Graham v. Dena Marie Turner

Frederick Dawson Graham and Dena Marie Turner were married on January 31, 2007. On November 14, 2013, Dena filed a first amended original petition for divorce, alleging that Frederick was guilty of cruel treatment towards her, committed adultery, and committed fraud on the community estate. She also requested that she be awarded a disproportionate share of the parties’ estate. Both parties made nu... More...   $0 (10-30-2015 - TX)

Jerome Cha v. 357 Incorporated d/b/a Reco Enterprises ADBA Reco Construction Co., et al.

Tulsa, OK - Jerome Cha sued 357 Incorporated d/b/a Reco Enterprises ADBA Reco Construction Co.,Phillips Slaughter Rose, Inc., Paul M. Rose, Danny R. Mitchell Architect, P.C., Danny R. Mitchell, Tulsa Tie Scaping, Inc.,Belongia Consultants, Inc., David L. Belongia, Chandler Materials Company, Bill Martin, Bebee Engineering and Ron Bebee on breach of contract, professional negligence, breach of impl... More...   $0 (10-29-2015 - OK)

Christine E. Reule v. M & T Mortgage, M & T Bank Bayview Loan Servicing, LLC, Bayview Financial Trading Group, LP, Bayview Financial LP and Hughs, Watters, Askanase, LLP

Appellant Christine E. Reule appeals from a take nothing judgment in favor
of appellees M&T Mortgage, M&T Bank, Bayview Loan Servicing, LLC,
Bayview Financial Trading Group, LP, Bayview Financial, LP, and Hughes,
Watters & Askanase, LLP (collectively, Mortgagees/Representatives), as well as
2
appellees Carolyn Taylor, Audrey Lewis, Jeff Leva, Sandy Dasigenis (collectively,
... More...
   $0 (10-29-2015 - TX)

Toni Elizabeth Moore v. Dwayne Nelson Moore

Oklahoma City, OK - Toni Elizabeth Moore sued Dwayne Nelson Moore on a partition theory claiming:

1. Plaintiff is a resident of Oklahoma County.
2. Defendant, Dwayne Nelson Moore, is also a resident of Oklahoma County.
3. The parties were divorced in Oklahoma County District Court, Case
No.: FD-2001-530, on February 7, 2001. Among other provisions the Decree of Divorce provide... More...
   $0 (10-29-2015 - OK)

United States of America v. Kristen Michelle Ayala, aka Amber Lynch, aka Olivia Benet, aka Grace Williams and Joshua Manuel Sanchez, aka Nelson Cruz, aka Chris Ward, aka Daniel Mora

Alexandria, VA - Former Las Vegas Couple Sentenced to Prison for Defrauding Over 400 Vulnerable Homeowners in $3.8 Million Mortgage Scam

Kristen Michelle Ayala, aka Amber Lynch, aka Olivia Benet, aka Grace Williams, 30, and Joshua Manuel Sanchez, aka Nelson Cruz, aka Chris Ward, aka Daniel Mora, 34, both formerly of Las Vegas, were sentenced today for conspiracy to commit wire fraud for ... More...
   $0 (10-29-2015 - VA)

Summers v. Financial Freedom

The relevant facts are, for all intents and purposes,
undisputed. On November 4, 1977, the decedent and Charlotte T.
Albeitsam took title as joint tenants with rights of survivorship
to residential property at 11 Sundance Street, Warwick, Rhode
Island (the Property). Following Albeitsam's death, the decedent
entered into a reverse mortgage with Financial Freedom Senior <... More...
   $0 (10-28-2015 - RI)

Commerce Bank vs. West Bend Mutual Insurance Company

In February 2011, Commerce Bank was added to an insurance policy issued by
West Bend to 12345 Portland Buildings, LLC (the “owner” or “policyholder”) for the
building at 12345 Portland Avenue in Burnsville. The policy insured the property
against, among other things, property damage caused by vandalism. The policy contains
two clauses that are at the center of this dispute: ... More...
   $0 (10-28-2015 - MN)

David Childers and Robert DeShawn Childers v. Leroy Darby

In August 2012, Darby filed a complaint to quiet title in certain real property, averring: "1. This action is brought pursuant to the Code of Alabama, 1975, as amended, § 6-6-540, et seq., and 6-[6]-560, et seq. "The Defendant land, in which a fee simple ownership interest is sought, is as follows: "Beginning at a point on the East line of the Northeast 1/4 of the Northeast 1/4 of Section 9, Town... More...   $0 (10-27-2015 - AL)

James B. Nutter & Co. v. Black

This opinion is about the scope of legal protections afforded to individuals who
are unable to handle their financial affairs in a responsible manner because of a physical
or mental condition. We will use the terms “disabled,” “under a disability,” and “subject
to guardianship proceedings” to refer to persons who have been adjudicated by a court to
be unable to manage their propert... More...
   $0 (10-26-2015 - MD)

Branch Banking & Trust Company et al. v. Rex A. Nichols and Claudene Nichols

In late 2005, Sonny began talking to Winfree about obtaining financing from Colonial Bank ("Colonial"), Winfree's employer, for the purchase of approximately 500 acres of real property in Stapleton, Alabama ("the Stapleton property"). The Nicholses intended to develop the Stapleton property into a subdivision. Both Sonny and Claudene had worked in the real-estate market in Baldwin County for seve... More...   $0 (10-26-2015 - AL)

High Point Bank And Trust Company v Highmark Properties, LLC

On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision
of the Court of Appeals, ___ N.C. App. ___, 750 S.E.2d 886 (2013), finding no error in
orders entered on 19 September 2011 and 4 October 2011 by Judge Ronald E. Spivey
and a judgment entered on 11 July 2012 by Judge Stuart Albright, in Superior Court,
Guilford County. On 6 March 2014, the Supreme Co... More...
   $0 (10-25-2015 - NC)

Devan v. Bomar

In mortgage foreclosure law, as elsewhere, society's interest in finality and repose is
a weighty one. As with statutes of limitations generally, procedural deadlines for raising
certain challenges are established and strictly enforced. An unexcused failure to comply with
a clear deadline may doom what might otherwise have been a highly meritorious challenge,
had it been timely fil... More...
   $0 (10-24-2015 - MD)

Riverstone Development Co., Inc. v. Garrett & Associates Appraisals, Inc.

Riverstone Development Co., Inc. ("Riverstone Development"), sued Garrett & Associates Appraisals, Inc. ("G&A Appraisals"), in the Madison Circuit Court, asserting negligence, wantonness, and conspiracy claims stemming from a
1140555 July 2010 appraisal G&A Appraisals conducted on waterfront property Riverstone Development owned on Lake Guntersville. During the course of the eventual trial on ... More...
   $0 (10-24-2015 - AL)

Jeff Witt Construction, Inc. v. Stephanie M. Kapsalis, Trifon George Kapsalas and JPMorgan Chase Bank, N.A.

Oklahoma City, OK - Jeff Witt Construction, Inc. sued Stephanie M. Kapsalis, Trifon George Kapsalas and JPMorgan Chase Bank, N.A. on breach of contract theories claiming:

1. Defendants, Stephanie M. Kapsalis and Trifon George Kapsalis, are, and were on February 18, 2013, the owners in fee simple of the real property whose legal description is:
Lot Three (3), Block One (1) of Classens ... More...
   $1 (10-22-2015 - OK)

United States of America v. Hubert Rotteveel

Dixon Man Sentenced to over 3 Years in Prison for Mortgage Fraud.

Hubert Rotteveel, 52, of Dixon, was sentenced by Senior United States District William B. Shubb to three years and four months in prison for one count of mail fraud, United States Attorney Benjamin B. Wagner announced.

In September 2014, Rotteveel was found guilty by a federal jury of one count of mail fraud relati... More...
   $0 (10-22-2015 - CA)

United States of America v. Peter Kuzmenko, Aaron New, Nadia Kuzmenko and Edward Shevtsov

Four Sentenced to Lengthy Prison Terms for Roles in Multi-million Dollar Mortgage Fraud Scheme.

United States District Judge John A. Mendez sentenced Peter Kuzmenko, 37, of West Sacramento, to 19 years in prison; Aaron New, 41, of Sacramento, to 11 years and three months in prison; Nadia Kuzmenko, 36, formerly of Loomis, to eight years in prison; and Edward Shevtsov, 51, of North Highland... More...
   $0 (10-21-2015 - CA)

United States of America v. Dennis Mahon

Criminal Law The panel filed (1) an order amending its opinion, denying petitions for panel rehearing and rehearing en banc, and denying a motion to stay; and (2) an amended opinion affirming convictions under 18 U.S.C. § 844(i) and (n) for a pipe bomb explosion at the City of Scottsdale Office of Diversity and Dialogue.

In its amended opinion, the panel explained that an intrinsically no... More...
   $0 (10-21-2015 - CA)

Quadrant Structured Products Company, Ltd. v. Vertin, et al.

A five-day trial took place on June 22-25 and 30, 2015. The parties submitted over
900 exhibits, called six fact witnesses and five expert witnesses, and lodged twenty-three
depositions. The following facts were proven by a preponderance of the evidence.
Quadrant principally challenged Athilon’s payments of allegedly excessive service and licensing fees to an affiliate of Merced, as... More...
   $0 (10-20-2015 - DE)

Bank of America, N.A. v. Diamond Financial, LLC

We review the relevant undisputed facts.
Milton J. Miranda and Solange D. Miranda purchased a property in
Shrewsbury on July 31, 2002. The purchase was financed for the
most part with a mortgage loan from Moneyone Corporation. On
August 24, 2004, the Mirandas refinanced with a $336,150
mortgage loan from Argent Mortgage Company, LLC (Argent).3 This
mortgage was r... More...
   $0 (10-20-2015 - MA)

United States of America v. Lucia Yolanda Chavez and Joseph Chavez

Bakersfield Couple Sentenced to Prison for Mortgage Fraud Scheme.

Two Bakersfield residents were sentenced by Senior United States District Judge Anthony W. Ishii in connection with a mortgage fraud scheme in Bakersfield, United States Attorney Benjamin B. Wagner announced.

Lucia Yolanda Chavez, 37, was sentenced to four years in prison for conspiracy to commit bank fraud, mail f... More...
   $0 (10-20-2015 - CA)

United States of America v. Terry Meisinger

Seal Beach Man Pleads Guilty in Foreclosure Rescue Scheme.
Defendant’s Illegal Conduct Allegedly Continued after $5 Million Sanction by Judge.

A Seal Beach man has pleaded guilty to federal fraud charges related to a mortgage rescue scheme in which he made false promises to the distressed homeowner, filed fraudulent bankruptcies to delay foreclosure and rented the property to third pa... More...
   $0 (10-20-2015 - CA)

Roger M. Wheeler, Jr. v. Crest Resources, Inc.

Tulsa, OK - Roger M. Wheeler, Jr., Singer Bros., L.L.C., HW Allen Co., Holarud 792, L.L.C., Lafapar Energy, LLC, Wheeler Phoenix, Inc. sued Crest Resources, Inc., Glenn Hudgens, Crest Resources 2010, L.L.C and Crest Energy, Ltd. on breach of fiduciary duty, constructive fraud and fraud and deceit theories.

1. Plaintiff Roger M. Wheeler, Jr. (“Wheeler”), is an individual who resides in Tul... More...
   $0 (10-19-2015 - OK)

Greater Boise Auditorium District v. Frazier

The District is a governmental subdivision that is organized under Idaho Code section 674901 and operates in Boise. The District currently operates the Boise Centre, a convention center in Downtown Boise. The District seeks to expand operations by acquiring a new facility (hereinafter the Centre Facility) being constructed near the Boise Centre. But the District, as a governmental subdivision, is ... More...   $0 (10-15-2015 - ID)

Sandeep Nanda v. Corey Huinker

Appellant Sandeep Nanda filed a breach of contract action against appellee Corey Huinker in relation to Nanda’s purported agreement to purchase real property from
1 Pursuant to a docket-equalization order issued by the Supreme Court of Texas, this appeal has been transferred to this Court from the Third Court of Appeals in Austin, Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through... More...
   $0 (10-14-2015 - TX)

United States of America v. Clay Shelton

Bowling Green, KY - Owner Of U.S. Energy Partners, Inc. Of Bowling Green, Kentucky, Charged With Wire Fraud And Money Laundering

Fraudulent Investment scam resulted in $1,370,000 loss to eleven partners

The owner of U.S. Energy Partners, Inc. of Bowling Green, Kentucky, was charged by grand jury indictment on September 9, 2015 with wire fraud and money laundering for a scheme tha... More...
   $0 (10-13-2015 - KY)

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