Mortgage Law
 
Stephen Hill v. Homeward Residential, Inc.

Congress passed the Telephone Consumer Protection Act in response to “[v]oluminous consumer complaints about abuses of telephone technology—for example, computerized calls dispatched to private homes.” Mims v. Arrow Fin. Servs., LLC, 132 S. Ct. 740, 744 (2012). The Act accordingly “restricts certain kinds of telephonic and electronic” communications. Sandusky Wellness Ctr., LLC v. Medco Heal... More...   $0 (08-23-2015 - OH)

United States of America v. Ignacio Huergo

Buffalo, NY - Man Is Sentenced For Failure To Notify Authorities Of Large Scale Mortgage Fraud Scheme Resulting In $24 Million Loss To Financial Institutions

Ignacio Huergo, age 44, of Miami, Florida, was sentenced by U.S. District Judge Richard J. Arcara to 2 years’ probation, with six months to be served on home confinement, for his conviction for concealing massive financial institutio... More...
   $0 (08-21-2015 - NY)

United States of America v. Howard Goldsmith

Raleigh, NC - Real Estate Developer Sentenced To 30 Months In Prison For His Role In Mortgage Fraud Scheme

HOWARD GOLDSMITH, 41, of Raleigh, was sentenced to a 30 month term of imprisonment, and followed by 3 years of supervised release, on a charge of Conspiracy to Commit Wire and Bank Fraud. GOLDSMITH was also ordered to pay $808,025 in restitution and to forfeit $1,050,400.50 and 9 pr... More...
   $0 (08-21-2015 - NC)

Lattimore v. Dickey

A. Albert’s treatment at Salinas Valley and Yvonne’s wrongful death action
On January 21, 2011, Albert was brought to Salinas Valley for a blood transfusion. He was complaining of pain and weakness. Family members reported that Albert had passed black-colored stools a few days earlier. Albert was 74 years old and had been previously diagnosed with chronic myelomonocytic leukemia.
D... More...
   $0 (08-21-2015 - CA)

Soto v. BorgWarner Morse TEC

In December 2009, Medina was diagnosed with mesothelioma, a type of cancer usually caused by exposure to asbestos. He filed a personal injury complaint against numerous defendants in March 2010, alleging causes of action for negligence, breach of implied warranty, strict products liability, fraud/failure to warn, and conspiracy to defraud/failure to warn. Medina preserved his testimony in video-... More...   $0 (08-21-2015 - CA)

United States of America v. Ricky L. Brinkley

Tulsa, OK - Republican State Senator and Executive Pleads Guilty to Embezzlement, Wire Fraud and Tax Evasion

Former Oklahoma State Senator Ricky L. Brinkley pleaded guilty to fraudulently obtaining over $1.2 million dollars from the Better Business Bureau (“BBB”) and subscribing to a false tax return. Brinkley, 54, of Owasso, Oklahoma, pleaded guilty before U.S. District Court Judge Clair... More...
   $0 (08-20-2015 - OK)

Trujillo v. Nw. Tr. Servs., Inc.

In 2006, Trujillo took out a loan for $185,900 from Arboretum Mortgage
Corporation to buy her home. This loan was evidenced by a promissory note secured
by a deed of trust dated March 29, 2006 encumbering the home. CP at 17.2 The
deed of trust was recorded in King County on March 31, 2006. Id.
Arboretum sold this loan to Wells Fargo in 2006. CP at 86. Wells Fargo sold
the ... More...
   $0 (08-20-2015 - WA)

United States of America v. Charise Stone

Alexandria, VA - Ashburn Woman Sentenced to 5 Years for Mortgage and Tax Fraud

Charise Stone, 46, of Ashburn, Virginia, was sentenced to 60 months in prison, followed by three years of supervised release for her role in a real estate short sale scheme that included tax and mortgage fraud, and passing fraudulent financial documents. Stone was also ordered to forfeit $721,552, and ordered t... More...
   $0 (08-17-2015 - VA)

United States of America v. Matthew Goldreich

New Haven, CT - Owner of CT Media Agency that Advertised Mortgage Assistance Pleads Guilty to False Advertising Charge

Matthew Goldreich, 46, of East Lyme, pleaded guilty today in New Haven federal court to a false advertising offense stemming from his production and dissemination of false advertisements for mortgage modification services.

According to court documents and stateme... More...
   $0 (08-13-2015 - CT)

Heritage Bank v. Suzette Woodward

Heritage Bank (Heritage) appeals from a Bankruptcy Court order confirming
Suzette Woodward's (Debtor) Fifth Amended Chapter 11 Plan. The confirmation
order is a final order of the Bankruptcy Court over which we have jurisdiction on
appeal. See 28 U.S.C. § 158(b). The Notice of Appeal and Statement of Election also
references an April 29, 2014 order denying the Debtor's Third Amende... More...
   $0 (08-13-2015 - NE)

United States of America v. John T. Burns, III

Chicago, IL - Naperville Businessman Sentenced To Seven Years In Federal Prison For Defrauding Investors Of More Than $3 Million

A Naperville businessman who fraudulently coaxed his clients into investing millions of dollars in bogus Turkish bonds was sentenced to seven years in federal prison.

JOHN T. BURNS III persuaded a dozen clients of USA Retirement Management Services to i... More...
   $0 (08-13-2015 - IL)

Murphy v. Wachovia Bank of Delaware, N.A.

This case concerns the proper distribution of
surplus funds after a foreclosure sale initiated and conducted
by the holder of a second mortgage. After a jury-waived trial,
1 Of the bankruptcy estate of Nigel Thorpe.
2 John A. Dunnery, in his capacity as vice-president of Wachovia Bank.
2
a judge of the Superior Court ruled that defendant Wa... More...
   $0 (08-13-2015 - MA)

Wayne Kubisch v. Ron Neal

Wayne Kubsch appeals the denial
of his habeas corpus petition. After being convicted of
murdering his wife, her son, and her ex-husband, Kubsch
was sentenced to death. Kubsch’s three principal arguments
on appeal are that his conviction and sentence are unconstitutional
because (a) the Indiana trial court excluded evidence
of a witness’s exculpatory but hearsay statement to... More...
   $0 (08-12-2015 - IN)

Matthew J. Hart v. FCI Lender Services, Inc.

18 Matthew J. Hart sued FCI Lender Services, Inc. (“FCI”), his mortgage loan
19 servicer and a debt collector, seeking damages under the Fair Debt Collection
20 Practices Act (“FDCPA” or the “Act”), 15 U.S.C. § 1692 et seq., on behalf of
21 himself and others similarly situated. Hart asserts that FCI violated the Act by
22 sending him two written communications that failed to compl... More...
   $0 (08-12-2015 - NY)

Erica Tierney v. Advocate Health and Hospitals Corporation

In July 2013 burglars stole four
desktop computers from one of Defendant Advocate Health
and Hospitals Corporation’s administrative offices in Illinois.
The computers contained unencrypted private data relating
to approximately four million Advocate patients. Six of the
affected patients brought this putative class action alleging
that Advocate did too little to safeguard t... More...
   $0 (08-10-2015 - IL)

Hartford Casualty Ins. Co. v. J.R. Marketing, L.L.C.

In the summer of 2005, appellant Hartford Casualty Insurance Company (Hartford) issued one CGL insurance policy to Noble Locks Enterprises, Inc. (Noble Locks), effective from July 28, 2005, to July 28, 2006, and a second CGL policy to J.R. Marketing, L.L.C. (J.R. Marketing), effective August 18, 2005, to August 18, 2006. In these policies, Hartford promised to defend and indemnify the named insur... More...   $0 (08-10-2015 - CA)

Regions Bank v. Strawn

In 2006, Regions Bank brought a foreclosure action against Robert and Nancy Borchers seeking to foreclose on the property the Borchers purchased from Cammie Strawn in 2003. The Borchers counterclaimed seeking to recover damages from Regions Bank pursuant to section 29-3-3201 of the South Carolina Code based on the bank's failure to enter satisfaction of the mortgage within the three-month time per... More...   $0 (08-09-2015 - SC)

Moroney Body Works, Inc. v. Central Insurance Cos

We consider whether a commercial property
insurance policy issued by Central Insurance Companies (Central)
provides coverage and, if so, to what extent, for damage to a
bookmobile caused by a fire at its insured, Moroney Body Works,
Inc. (Moroney). Central relies principally on two provisions of
its policy to support its denial of coverage. First, it
contends that ... More...
   $0 (08-09-2015 - )

FIRST AMERICAN BANK vs. URBANDALE LASER WASH, LLC, WALNUT CREEK LASER WASH, LLC, and STEVEN GOLDEN

First American Bank initiated a foreclosure action against Urbandale Laser
Wash, LLC, Walnut Creek Laser Wash, LLC, and Steven Golden (collectively
referred to as Golden). Golden responded and claimed as an affirmative defense
that the two parties had reached a forbearance agreement that precluded
foreclosure. Golden also filed four counterclaims: (1) First American’s breach ... More...
   $0 (08-07-2015 - )

Gladys Gardner v. GMAC, Inc.

The main question raised by this appeal is when borrowers may seek a remedy after their creditors violate the repossession notice requirements in Maryland’s Credit Grantor Closed End Credit Provisions (“CLEC”), Md. Code Ann., Com. Law § 12-1001 et seq. Because we conclude that CLEC requires borrowers to have repaid more than the original principal amount of their loans before they are entitled to ... More...   $0 (08-07-2015 - )

United States of America v. Kristen Michelle Ayala, aka “Amber Lynch,” aka “Olivia Benet,” aka “Grace Williams,” 30, and Joshua Manuel Sanchez, aka “Nelson Cruz,” aka “Chris Ward,” “Daniel Mora”

Alexandria, VA - Former Las Vegas Couple Guilty of 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,” “Daniel Mora,” 34, both formerly of Las Vegas, have pleaded guilty to conspiracy to commit wire fraud for their rol... More...
   $0 (08-05-2015 - VA)

Sheldon Stephens v. Kevin Clash

Plaintiff Sheldon Stephens appeals the dismissal of his claims against Defendant Kevin Clash for injuries resulting from the parties’ sexual relationship while Stephens was underage, in violation of 18 U.S.C. § 2422, 18 U.S.C. § 2423, and state law. The District Court dismissed Stephens’s claims as untimely. For the reasons that follow, we will affirm.
I.
Because the District Court dismiss... More...
   $0 (08-05-2015 - PA)

Wessell v. Mink Brook Associates, Inc

This case involves a dispute between an
employee and her former employer regarding unpaid wages. The
plaintiff, Mary Ellen Wessell, successfully sued Mink Brook
1 Robert C. Stone.
2
Associates, Inc. (Mink Brook), and owner Robert C. Stone under
the Wage Act for lost wages and retaliatory discharge after
Stone refused to issue her a paychec... More...
   $0 (08-05-2015 - MA)

Soto v. BorgWarner Morse

Secundino Medina died of asbestos-related mesothelioma. Medina’s estate, his daughters Patricia Soto, Yolanda Isaak, and Leticia Medina, and his great-grandson Eli Canett asserted claims for negligence, strict liability, and wrongful death against a host of defendants, alleging that their asbestos-laden products contributed to Medina’s mesothelioma. Their claims against defendant BorgWarner Mors... More...   $0 (08-05-2015 - CA)

MONTGOMERY COUNTY, PENNSYLVANIA, RECORDER OF DEEDS v. MERSCORP INC

MERSCORP, Inc., now known as MERSCORP Holdings, Inc., is the parent company that owns and operates the system, while Mortgage Electronic Registration Systems, Inc. is the entity that serves as mortgagee of record in local land recording offices. Additional background and explanation of how MERS operates is set forth in the District Court’s opinion. 2 The Recorder did not plead a quiet title claim... More...   $0 (08-04-2015 - PA)

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