Mortgage Law
 
Albert Morris and Tilda Morris v. Sand Canyon Corp. f/k/a Option One Mortgage Corporation, American Home Mortgage Servicing, Inc. n/k/a Homeward Residential, Inc. and Wells Fargo Bank, N.A.,

Appellants, Albert and Tilda Morris, (“the Morrises”) appeal the trial court’s
order granting summary judgment on their petition for bill of review in favor of
appellees, Sand Canyon Corp. f/k/a Option One Mortgage Corporation, American
Home Mortgage Servicing, Inc., and Wells Fargo Bank, N.A. In two issues, the
Morrises contend the trial court erred because (1) the Morrises ... More...
   $0 (05-14-2015 - TX)

Craig W. Hyroop and Shannon M. Hyroop v. David C. Ellis Profit Sharing Plan

Tulsa, OK - Craig W. Hyroop and Shannon M. Hyroop sued the David C. Ellis Profit Sharing Plan petitioning to vacate a deficiency judgment claiming:

The Plaintiffs, Craig W. and Shannon M, Hyroop (“Plaintiffs”), pursuant to Okia. Stat. tit. 12, § 1033, and based upon the grounds set forth in Okla. Stat. fit. 12, § 1031(3), (4) andlor (7), hereby petition to vacate an in personam judg... More...
   $0 (05-13-2015 - OK)

United States of America v. Shane Reed

EUGENE, OR - Shane Reed, 53, of Rogue River, Oregon, pleaded guilty in U.S. District Court in Eugene to willfully failing to pay $125,000 in federal income taxes. He was sentenced to five years of probation.

Reed admitted that in 2006, 2007 and 2008 he filed U.S. Income Tax returns reporting a total of $880,000. Based on that income he owed $129,000 in income taxes and did not pay those... More...
   $0 (05-13-2015 - OR)

William J. Burford v. Accounting Practices Sales, Inc. and Garry Holmes

Plaintiff William J. Burford
agreed to market and facilitate the purchase and sale of accounting
practices on behalf of defendant Accounting Practice
Sales, Inc. (APS) in various territories from Kentucky to
Louisiana. The parties initially signed one written contract
assigning Louisiana to Burford. They later modified this
agreement by orally agreeing that Burford should a... More...
   $0 (05-13-2015 - IL)

Alan Benefiel v. Jewl Boulton and Christina Benefiel



¶0 Plaintiff Benefiel brought suit against Defendant Boulton to quiet title and to foreclose a judgment lien granted in connection with a divorce decree entered in a prior case. The subject real property was sold to Boulton subject to the pre-existing judgment lien. Plaintiff claimed a reversionary provision in his divorce decree vested him with title to the subject real property follow... More...
   $0 (05-12-2015 - OK)

Michael Abend v. Federal National Mortgage Association

In this forcible detainer action, the county court signed a final judgment for
possession in favor of appellee Federal National Mortgage Association (Fannie
Mae) against appellant Michael Abend and others. In a single issue, Abend
contends that the county court erred by resolving the de novo appeal from justice
court without Abend having forty-five days’ notice of the trial setti... More...
   $0 (05-12-2015 - TX)

Alan Benifiel v. Jewel Boulton

¶1 Alan Benefiel ("Plaintiff") and Christa Benefiel were divorced by a consent decree entered on May 13, 2005. Consistent with the terms of the parties' divorce decree, Plaintiff executed a quit claim deed, transferring title in the former marital residence to Christa Benefiel. In exchange for relinquishing his ownership interest in the property, the decree required Christa Benefiel to pay Plaint... More...   $0 (05-12-2015 - OK)

United States of America v. Irina Markevich and Marina Pukhkan

SACRAMENTO, Calif. — After a 12–day trial, a federal jury today found six defendants guilty of all counts of wire fraud in connection with a mortgage fraud scheme, United States Attorney Benjamin B. Wagner announced.

Irina Markevich, 30, of Rio Linda; Anatoliy Markevich, 35, of Sacramento; and Marina Pukhkan, 53, of Rio Linda, were each convicted of two counts of wire fraud. Daniil Ma... More...
   $0 (05-06-2015 - CA)

In re the Marriage of Penny and Thomas Mitchell Honer

At issue in this dissolution of a 27-year marriage are issues of division of
community property and spousal support. Appellant ex-wife questions the court’s
valuation of the couple’s two grocery stores because (1) it purportedly used the wrong
valuation date, (2) it relied on an expert who used the “marital value” of the properties
rather than the “investment value,” an... More...
   $0 (05-06-2015 - CA)

State Auto Property and Casualty Insurance Company v. Lori Hargis

This appeal presents two related issues: (1) whether
it was error for the district court to dismiss the claim asserted by the insurance company against
>
No. 13-5020 State Auto Prop. & Cas. Ins. v. Hargis Page 2
its insured for “reverse bad faith” because it has not been recognized in Kentucky (or any other
jurisdiction); and (2) whether this court should certify the questi... More...
   $0 (05-06-2015 - KY)

United States of America v. Stephen Mayer

Tampa, FL – U.S. District Judge Susan C. Bucklew today sentenced Stephen Mayer (51, Miami) to 11 years and 3 months in federal prison for his role in a real estate flipping and equity skimming conspiracy. The Court also ordered him to pay more than $3.1 million in restitution to the affected lenders, and more than $4 million in forfeiture, which were proceeds traceable to the scheme.

On... More...
   $0 (05-05-2015 - FL)

Mark S. Novak v. Michael Fay, as Trustee

Plaintiff, Mark S. Novak, seeks to enforce an attorney fee lien on assets held by the Dana Teitler Trust dated August 20, 1999 (Dana Teitler Trust). The present petition to enforce the attorney fee lien arises out of plaintiff‟s representation of Douglas Kelly between 2007 and 2012. In 2007, plaintiff and Mr. Kelly executed a contingency attorney fee agreement. The contingency fee agreement gran... More...   $0 (04-28-2015 - CA)

Jasmine Phillips v. Bank of America

We hold that a bank may not for account service fees debit a so-called Coogan Trust Account—a statutorily required account to preserve 15 percent of a minor‟s gross earnings for artistic or creative services for the benefit of the minor until the minor turns 18 or is emancipated (Fam. Code, § 6750 et seq.) (Coogan Law1)—because of the statutory ban on withdrawals from a Coogan Trust Account... More...   $0 (04-27-2015 - CA)

William Craig Russell v. Aurora Loan Services, L.L.C., et al.

William Russell appeals a final judgment of foreclosure entered in favor of
Nationstar Mortgage, LLC (Nationstar), following a bench trial. We reverse because
Nationstar failed to establish that the original plaintiff, Aurora Loan Services, LLC
(Aurora), had standing to foreclose at the time Aurora filed the foreclosure complaint.
On February 25, 2011, Aurora filed a single-count, ... More...
   $0 (04-24-2015 - FL)

Isaac Agam v. Eliyahu Gavra

Shortly before the collapse of the housing market and the onset of the Great Recession, appellants Eliyahu and Yifah Gavra, respondent Isaac Agam, and Eran Cohen formed a partnership to purchase and develop a parcel of land in Los Altos Hills. The partners planned to subdivide the property and build two or three houses for resale. They successfully purchased and subdivided the property into three ... More...   $0 (04-23-2015 - CA)

United States of America v. Jerry D. Kerley and Jeffrey Whaley

Defendants-Appellants Jerry D. Kerley and Jeffrey Whaley were
convicted following a jury trial in the Eastern District of Tennessee of conspiracy to commit wire
fraud affecting a financial institution and bank fraud, wire fraud affecting a financial institution,
bank fraud, making a false statement to a financial institution, and money laundering, all arising
out of a mortgage frau... More...
   $0 (04-23-2015 - TN)

Sarah J. Wiseman v. Charles D. Wiseman

[¶1.] Sarah Wiseman appeals the circuit court’s ruling that Charles Wiseman’s past due child support payments were not retroactively modifiable prior to May 2012. The circuit court denied Sarah’s claim pursuant to SDCL 25-7-7.3, which prohibits retroactive modification of past due child support. We affirm.
Facts and Procedural History
[¶2.] On November 17, 2008, the circuit court e... More...
   $0 (04-22-2015 - SD)

United States of America v. Rolf Heartburg

PHOENIX, AZ – Rolf Heartburg, 41 and Larry Heartburg, 68, of Scottsdale, Ariz., were both sentenced by U.S. District Court Judge Neil V. Wake to a year in prison and ordered to pay $257,000 in restitution. Rolf Heartburg previously pleaded guilty to one count of conspiracy to commit wire and mail fraud and Larry Heartburg previously pleaded guilty to five counts of willfully failing to file a ta... More...   $0 (04-21-2015 - AZ)

Ben Young v. Crescent Management, LLC, Mike Rogers and Justin Tarrant

Logan County, OK - Ben Young sued Crescent Management, LLC, Mike Rogers and Justin Tarrant on fraud theories claiming:

Defendant, Crescent Management LLC is, and all times herein mentioned is a business entity of unknown form,
doing business in Logan County, Oklahoma,
2. Defendant, Mike Roger, Owner of Crescent Management LLC
3. Defendant, Justin Tarrant, managing member, of C... More...
   $0 (04-20-2015 - OK)

Chad P. Johnson v. Chris M. Melson

In 2007, Chad P. Johnson and Stewart S. Minnick entered into a written agreement whereby, after Minnick’s death, Johnson would purchase farmland he had been renting from Minnick and Minnick’s sister for a specified price. The purchase price was to be funded by an insurance policy owned by Johnson on Minnick’s life. Following Minnick’s death in 2012, the proceeds of the policy were paid to ... More...   $0 (04-17-2015 - NE)

United States of America v. Ronald Benjamin

DENVER – Ronald Benjamin, age 49, of Los Angeles, California, was sentenced by U.S. District Court Judge Wiley Y. Daniel to serve 14 months in federal prison for wire fraud and aiding and abetting, federal law enforcement authorities announced. Following his prison sentence, Benjamin was ordered to spend 3 years on supervised release. Judge Daniel also ordered him to pay over $870,000 in resti... More...   $0 (04-17-2015 - CO)

N. D. v. Texas Department of Family and Protective Services

N.D. appeals the trial court’s order terminating her parental rights to her children,
L.D. and L.M.D, following a bench trial.1 N.D. challenges the factual and legal sufficiency of the
evidence to support the trial court’s findings as to the statutory predicate grounds and the children’s
best interest. Because we conclude that the evidence was legally and factually sufficient, we... More...
   $0 (04-16-2015 - TX)

Mary McCulley v. U.S. Bank of Montana

¶1 U.S. Bank of Montana (hereinafter U.S. Bank or the Bank) appeals from the
judgment entered by the Eighteenth Judicial District Court, Gallatin County, following a
jury trial. In 2006, Mary McCulley (McCulley) purchased a condominium in Bozeman
and sought a 30-year residential financing loan from Heritage Bank, predecessor to U.S.
Bank, in the amount of $300,000. In June 2009, M... More...
   $0 (04-14-2015 - MT)

KNJ Enterprises, Inc. v. Wilbanks & Wilbanks, P.C. and H. Erwin Wilbanks and Fidelity National Title Insurance Company

The trial court signed an order compelling arbitration of all claims between
appellant KNJ Enterprises, Inc. and appellees Wilbanks & Wilbanks, P.C., H.
Erwin Wilbanks, and Fidelity National Title Insurance Company (collectively
“Wilbanks”). Wilbanks initiated arbitration in conformity with the trial court’s
order. KNJ received notice of the arbitration initiated by Wilbanks ... More...
   $0 (04-14-2015 - TX)

United States of America v. Daniel L. Mangini

DALLAS, TX — A Certified Public Accountant (CPA) was sentenced on a mail fraud conviction stemming from his embezzlement of funds from his employer, announced Acting U.S. Attorney John Parker of the Northern District of Texas.

Daniel L. Mangini, 61, of Southlake, Texas, was sentenced to 36 months in federal prison and ordered to pay $2,459,218.44 in restitution, which includes the victi... More...
   $0 (04-14-2015 - TX)

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