Mortgage Law
 
Viola Chambers v. HSBC Bank USA, N.A

On April 5, 2006, Chambers and her son purchased a residential condominium in Novi, Michigan. The total cost of the condo was $608,294.00. They financed the purchase with $25,000.00 from Chambers’ personal funds and obtained a mortgage loan from Fremont Investment and Loan (“FILC”) in the amount of $583,294.00 (the “first mortgage”). Chambers and her son also took a second mortgage loan on the ... More...   $0 (07-18-2015 - )

Viola Chambers v. HSBC Bank USA, N.A.

Plaintiff-Appellant Viola Chambers
(“Chambers”) appeals from a district court order dismissing her claims of fraud against HSBC
Bank, USA, and numerous other defendants.1 Chambers also asserts that the district court erred
1Chambers named 26 defendants below, and renames them all on appeal: HSBC Bank USA, N.A.
(“HSBC”); Mortgage Electronic Registration Systems, Inc. (“MERS”); Signa... More...
   $0 (07-17-2015 - MI)

Macquarie Bank Limited v. LexMac Energy, L.P.

Macquarie Bank Limited (Macquarie Bank) and a subsidiary brought suit
against LexMac Energy, L.P. (LexMac); Novus Operating Company, L.P. (Novus);
Lexar Energy, Inc. (Lexar); and Bradley Knickel, who controls all three companies
(collectively, Lexar Group). Macquarie Bank and the subsidiary alleged claims of
deceit, fraud, and promissory estoppel, among others, and also alleged tha... More...
   $0 (07-17-2015 - ND)

Larry Higgins v. BAC Home Loans Servicing, LP

Kentucky’s recording statutes require that an assignment of a
mortgage must be recorded within 30 days. Plaintiffs in this putative class action contend that,
for purposes of the recording requirement, a transfer of a promissory note is an assignment of a
mortgage securing the note, such that the transfer must be recorded. The district court below
agreed and issued an order to that... More...
   $0 (07-16-2015 - KY)

United States of America v. Joseph Brogan

St. Louis, MO – JOSEPH BROGAN was sentenced to 14 months in prison on multiple fraud charges related to a scheme involving applications for home loans.

According to court documents, Joseph Brogan was employed as a loan officer for USA Mortgage, Inc. where he handled both conventional mortgages and FHA loans. Michael Wallis owned and operated a company known as Missouri Builders and Home ... More...
   $0 (07-16-2015 - MO)

Domenic D. Miele a/k/a Domenic Miele v. Wells Fargo Bank, N.A.

The appellant raises three issues in this mortgage foreclosure case. We find two issues have no merit, but we agree with the appellant that the trial court erred in its calculation of prejudgment interest.
The complaint alleged that the appellant defaulted on the note by failing to make the payment due on August 1, 2009, and all subsequent payments. The evidence introduced at trial indicated t... More...
   $0 (07-15-2015 - FL)

In the Matter of the Marriage of Debbie L. Find nka Debbie L. Thomason and Scott Fine

Husband appeals a general judgment of dissolution, seeking a modification of the property division and spousal support award. He asserts that the trial court erred when it (1) miscalculated the amount of money that wife withdrew from the parties’ joint bank accounts, and failed to account for that amount in the property division; (2) failed to account, in the property division, for $165,000 worth ... More...   $0 (07-15-2015 - OR)

JENNIFER PIKE v. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE

The petitioner, Jennifer Pike, appeals an order of the Superior Court (McNamara, J.) granting summary judgment to the respondent, Deutsche Bank National Trust Company, as Trustee (Trust), in her action to enjoin the foreclosure sale of real property located in New London. On appeal, the petitioner argues that the trial court erred when it determined that she lacked standing to challenge the assig... More...   $0 (07-15-2015 - )

JESSICA RAMOS & others1 vs. INTERNATIONAL FIDELITY INSURANCE COMPANY

The plaintiffs commenced these actions against
the defendant, International Fidelity Insurance Company (IFIC),
to recover cash collateral and certain bail bond insurance
premiums collected from each of them by IFIC's agent William
Fiore, who is now deceased. On cross motions for summary
judgment, the motion judge allowed the plaintiffs' motions on
their counts allegi... More...
   $0 (07-12-2015 - )

FOGE INVESTMENTS, L.L.C. and AJR PEAKVIEW, INC. vs. FIRST NATIONAL BANK OF WAHOO, NEBRASKA

FoGe Investments, LLC, and AJR Peakview, Inc. (together “FoGe”),
appeal from the district court’s decree granting sanctions against it and its
counsel, which included a judgment in favor First National Bank of Wahoo,
Nebraska (First National), as well as monetary sanctions. We conclude that, due
to FoGe’s lack of compliance with the rules of civil procedure, the court did not ... More...
   $0 (07-11-2015 - )

DONNA CANAVAN vs. JOE W. CONLAN, MICHAEL SAUSER, and CS & R, LLC d/b/a CORNERSTONE HOMES,

A home buyer appeals from an adverse judgment following jury trial of her
breach-of-contract, negligence, and misrepresentation claims against the seller.
Donna Canavan contends the trial court (1) erred in not granting a new trial when
the jury’s verdict was not sustained by sufficient evidence; (2) erred in failing to
grant a directed verdict in regard to the individual liab... More...
   $0 (07-11-2015 - )

Virginia Poindexter v. Mercedes-Benz Credit

Virginia M. Poindexter appeals the district court’s grant of summary judgment to Mercedes-Benz Credit Corporation (“MBCC”) on her claims arising from MBCC’s failure to timely release a lien placed on her residence after she satisfied her underlying debt obligation. For the reasons set forth below, we affirm the district court’s judgment.
I.
In April 2001, Poindexter purchased an Audi sedan... More...
   $0 (07-10-2015 - VA)

MICHAEL SHERMAN v. HENNESSY INDUSTRIES

In March 2012, appellants initiated the underlying action. Their first amended complaint, filed March 22, 2012, contains claims against Hennessy for negligence, strict liability, false representation, failure to warn, and loss of consortium. The claims rely on allegations that Hennessy’s predecessor in interest, the Automotive Maintenance Machinery Company (AMMCO), designed and sold an arcing ma... More...   $0 (07-09-2015 - )

JULIE A. CARLE, f/k/a JULIE A. STEYH v. WILLIAM T. STEYH

The factual background of this dispute has been described in an earlier opinion
entitled Steyh v. Steyh, 2013 MT 175, 370 Mont. 494, 305 P.3d 50. Therefore, we review
only the factual background of this dispute and refer the reader to Steyhforbroader context.
Steyh, ¶¶ 3-7.
¶4 After less than two years of marriage, Julie Steyh (Julie) filed a pro se dissolution
petitio... More...
   $0 (07-08-2015 - )

United States of America v. Julio Cesar Esquivel Reyes





PHOENIX, AZ – Julio Cesar Esquivel Reyes, 41, of Tolleson, Ariz. was sentenced by Senior U.S. District Judge Roslyn Silver to five years in prison and ordered to pay $568,413 in restitution. Reyes previously pleaded guilty to conspiracy to... More...
   $0 (07-04-2015 - AZ)

Defense Resource Services, LLC v. First National Bank of Central Texas

In two issues, appellant, Defense Resource Services, LLC (“DRS”), challenges a judgment entered in favor of appellee, First National Bank of Central Texas (“FNB”). Specifically, DRS asserts that the trial court erred because it determined: (1) that FNB’s 1991 lien secured both a 1991 loan and a 2008 loan, even though the 1991 loan was paid in full; and (2) that the payment of the 1991 loan did not... More...   $0 (07-02-2015 - TX)

Valley Crest Landscape Development, Inc. v. Mission Pools of Escondido, Inc.

Jeffrey Epp suffered severe injuries after diving into a swimming pool at the St. Regis Resort, Monarch Beach (the St. Regis). Litigation followed, with Epp and his wife (together, the Epps) suing the owner of the St. Regis and the entities involved in the design and construction of the swimming pool. The defendants included Valley Crest Landscape Development, Inc. (Valley Crest), which was the ge... More...   $0 (07-02-2015 - CA)

United States of America v. Brandy Marie Thomas

Brandy Thomas was convicted, after a jury trial, of four counts of wire fraud
based on a scheme she perpetrated to defraud mortgage lenders by submitting false
The Honorable M. Douglas Harpool, United States District Judge for the
1
Western District of Missouri, sitting by designation.
income information on loan applications. The district court sentenced Thomasto 48 2
mont... More...
   $0 (07-02-2015 - AR)

Eric Glatt v. Fox Searchlight Pictures, Inc.

Plaintiffs, who were hired as unpaid interns, claim compensation as
employees under the Fair Labor Standards Act and New York Labor Law.
Plaintiffs Eric Glatt and Alexander Footman moved for partial summary
judgment on their employment status. Plaintiff Eden Antalik moved to
certify a class of all New York interns working at certain of defendants’
divisions between 2005 and 2... More...
   $0 (07-02-2015 - NY)

Diana Houck v. Substitute Trustee Services

Diana Houck commenced this action under 11 U.S.C. § 362(k), alleging that the defendants foreclosed on and sold her homestead in violation of the automatic stay triggered by her filing of a Chapter 13 bankruptcy petition. The district court granted the motion to dismiss filed by one of the defendants, Substitute Trustee Services, Inc. (the “Substitute Trustee”), concluding that Houck failed to all... More...   $0 (07-01-2015 - )

Wyle Inc. v ITT Corp

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered October 23, 2013, which denied defendants' CPLR 3211(a)(1) and (7) motion to dismiss plaintiffs' amended complaint asserting fraudulent inducement, affirmed, without costs.

The court properly concluded that the fraudulent inducement claim was not duplicative of the breach of contract claim.

The underlying facts... More...
   $0 (07-01-2015 - )

Masters Group International, Inc. v. Comerica Bank

¶1 Comerica Bank appeals a jury verdict and judgment rendered in favor of Masters
Group International, Inc. in the Second Judicial District Court, Silver Bow County. We
restate the determinative issues on appeal as follows:
1. Whether the District Court abused its discretion by denying Comerica’s severance
motion;
2. Whether the District Court erred in applying Montana law d... More...
   $0 (07-01-2015 - MT)

Cash & Carry America, Inc. v. Roof Solutions, Inc.

The primary question in this case is whether a roofing contractor who performs work
on a structure owes a duty of care in tort to a third party owner of personal property inside
the structure. The answer is yes, although there are limits on the type of property damage
encompassed by this duty of care, as we shall discuss.
Cash & Carry America, Inc. (“CCA”), the appellant, is a ... More...
   $0 (06-30-2015 - MD)

In Re: Alvaro M. Pereira

The outcome of this federal
bankruptcy case turns on interpretations of two different state
statutes, each of which concerns defects in real estate titles.
In time, those interpretations may affect considerable numbers of
Massachusetts foreclosure proceedings. In this case, those
interpretations affect who will benefit from the estate's real
property assets: a bank, or the ... More...
   $0 (06-26-2015 - MA)

Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc.

The underlying dispute in this case concerns where housing for low-income persons should be constructed in Dallas, Texas—that is, whether the housing should be built in the inner city or in the suburbs. This dispute comes to the Court on a disparate-impact theory of liability. In contrast to a disparate-treatment case, where a “plaintiff must establish that the defendant had a discriminatory i... More...   $0 (06-25-2015 - TX)

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