Mortgage Law
 
Larry Netahla v. Mike Netahla

This appeal arises out of a dispute over whether the mineral interest conveyed by a 1970 mineral deed terminated after 15 years, despite its recitation that it
2
was "subject to" a continuing oil and gas lease covering the same property. We hold that the mineral deed terminated and thus reverse the district court and the Court of Appeals.
FACTUAL AND PROCEDURAL BACKGROUND
Plaintiff... More...
   $0 (04-10-2015 - KS)

Ram's Gate Winery, LLC v. Joseph G. Roche

Appellant Ram’s Gate Winery, LLC (Ram’s Gate) bought a property in Sonoma County from respondents Joseph G. and Genevieve Roche (the Roches) upon which it intended to build a new winery. The sellers had agreed in the “Purchase and Sale Agreement” (Purchase Agreement) to disclose facts having a “material effect on the value of the ownership or use of the Property,” including geological ... More...   $0 (04-09-2015 - CA)

Stephen Paul v. Richard Patton

The decedent, Gilbert Paul, retained attorney Richard Patton to draft an amendment to his revocable living trust. The decedent signed the “Trust Amendment,” which, as drafted by Patton, named the decedent’s wife, Helen, and his children, Stephen Paul, David Paul, Alan Paul, and Nancy Dybdahl as beneficiaries. Stephen and David Paul also are the successor trustees of the trust. Following the ... More...   $0 (04-09-2015 - CA)

Laura Zamora Jordan v. Nationstar Mortgage, LLC

Defendant-Appellant Nationstar Mortgage LLC
(Nationstar) appeals from the district court’s order granting
Plaintiff-Appellee Laura Zamora Jordan’s (Jordan) motion to
remand this class action proceeding to state court because its
removal was untimely under 28 U.S.C. § 1446(b). Section
1446(b)(1) permits defendants to remove state-court actions
to federal court within th... More...
   $0 (04-09-2015 - WA)

Venus Minsal v. Abel H. Garcia

Venus Minsal appeals her divorce decree, arguing the trial court erred in dividing the community estate and by requiring her to sell her home, failing to recognize her reimbursement claims, and not making findings of fact and conclusions of law. We affirm.
BACKGROUND
Minsal and Garcia were common law spouses who moved to Texas from Florida in 2005. Minsal started her own salon where she wo... More...
   $0 (04-08-2015 - TX)

D. Patrick Smitherman v. Bank of America, N.A.

Appellant D. Patrick Smitherman challenges the summary judgment in favor of appellee Bank of America, N.A. (BANA) on Smitherman’s breach of contract and fraud claims. Smitherman asserts that he raised genuine issues of material fact on both of his claims, which precludes summary judgment. Because we determine that Smitherman failed to raise a genuine fact issue regarding damages, we affirm.
... More...
   $0 (04-07-2015 - TX)

Superior Wood Floors, Inc. v. James Fixico

Tulsa, OK - Superior Wood Floors, Inc. sued James Fixico on a breach of contract theory claiming:

1 Superior is an Oklahoma corporation with its principal place of business in Tulsa County, Oklahoma
2. Mr. Fixico is an individual who, upon information and belief, resides in Tulsa County, Oklahoma.
JURISDICTION AND VENUE
3. This Court is a court of general jurisdiction and has ... More...
   $0 (04-02-2015 - OK)

Michael Kilpatrick, et al. v. Midwest Energy Corporation, et al.

Tulsa, OK - Michael Kilpatrick, Judy Nixon, Martha Ann Garrison, Roy E. Garrison, Jr. and Jean Marie Daniel sued Midwest Energy Corporation, Martin A. Vaughan, F & M Bank and Trust Company, Hsumy Oil & Gas, Inc., Arkla, inc., Unimark, LLC, M. Gas, Inc., Howard G. Barnett, Midwest Energy Company, Inc., Midwest Partners Limited Partnership, Martin Vaughan Trust and John Stephen Swab on conversion th... More...   $0 (03-31-2015 - OK)

F. Wood Boyce v. T.D. Service Company

"There are no free houses." These are the words of the bankruptcy judge who allowed the instant home foreclosure to go forward. It rejected appellant's theory of "wrongful foreclosure." Thereafter, the same theory was rejected in an unlawful detainer proceeding. Undeterred, appellant F. Wood Boyce sued his lender for "wrongful foreclosure" because the $1.155 million deed of trust was placed in a m... More...   $0 (03-23-2015 - CA)

United States of America v. Daniel Beaibes

SAN DIEGO – Daniel Deaibes pleaded guilty today to participating in a scheme to steal title to Southern California homes, and then to “sell” the properties to unsuspecting buyers – who later learned they had actually purchased nothing.

According to his plea agreement, between September 2012 and November 2014, when Deaibes and two alleged co-conspirators were indicted and arrested,... More...
   $0 (03-22-2015 - CA)

United States of America v. Nathan Whitney Drage

SALT LAKE CITY, UT - Nathan Whitney Drage, age 56, a Salt Lake City attorney, was convicted of one count of conspiracy to impair and impede the IRS and three counts of willful failure to file a tax return, following a three-week trial in federal court in Salt Lake City. The case was investigated by special agents of IRS Investigation. The SEC and the Financial Industry Regulatory Authority (FINRA... More...   $0 (03-18-2015 - UT)

United States of America v. Anthony Minor

DALLAS, TX — A Cedar Hill, Texas man, who was convicted at trial on various federal felony offenses stemming from an identity (ID) theft conspiracy he ran in the metroplex from October 2009 to July 2013, was sentenced.
Anthony Minor, 28, was sentenced by U.S. District Judge Sam A. Lindsay to 16 years in federal prison and ordered to pay $88,131 in restitution. A federal jury convicted Minor ... More...
   $0 (03-18-2015 - TX)

United States of America v. Debra Rush-Santens, Casey Irons, Chris Limbrick, Gregory Preston and Eric Patterson

PLANO, Texas – Six defendants have been sentenced for their roles in a mortgage fraud conspiracy. The sentencing hearings were held before U.S. District Judge Marcia Crone.

Debra Rush-Santens, 42, of Plano, pleaded guilty on Oct.4, 2012, and was sentenced to 60 months in federal prison on Mar. 12, 2015, and ordered to pay restitution in the amount of 6,215,087.47.

Casey Irons, ... More...
   $0 (03-17-2015 - TX)

Arbor Windsor Court, LTD v. Weekley Homes, LP

Appellant, Arbor Windsor Court, Ltd. (Arbor), appeals the trial court’s judgment following a jury verdict. Specifically, in two main issues, Arbor contends the trial court erred in rendering a take-nothing judgment on its breach of contract claims against Weekley Homes, LP (Weekley). Weekley also asserts two conditional cross-points in support of the trial court’s judgment. We affirm.
I. B... More...
   $0 (03-17-2015 - TX)

Twin Towers Condominium Association, Inc. v. Bel Fury Investments Group, LLC

Bel Fury Investments Group, L.L.C. (Bel Fury), owns property located in the Twin Towers Condominium in Omaha, Nebraska. After Bel Fury failed to pay assessments for this property (Unit SCB), the Twin Towers Condominium Association, Inc. (the Association), recorded two notices of lien and filed a foreclosure action. When the Association filed the notices of lien and the complaint, it was levying as... More...   $0 (03-13-2015 - NE)

United States of America v. Michael “Sean” Davis

PENSACOLA, FL – Michael “Sean” Davis, 43, of Crestview, pled guilty to conspiracy to commit bank and mail fraud, money laundering, making false statements to a federally insured institution, and fraudulently benefitting from a loan by a federally insured institution. The plea was announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida.

Between Janu... More...
   $0 (03-13-2015 - FL)

Afsheen Alborzian v. JPMorgan Chase Bank, N.A.

A lender who lends money used to purchase a parcel of property and who holds a junior lien on that property cannot sue the borrower personally for the loan balance if the senior lienholder who also contributed to the purchase of the property forecloses on the property but does not collect enough from the foreclosure sale to pay off the junior lienholder. (Former Code Civ. Proc., § 580b, enacted b... More...   $0 (03-12-2015 - CA)

Miguel Tilus, et al. v. AS Michai, LLC

The defendants appeal a final judgment of foreclosure entered after the trial court granted the plaintiff’s motion for summary judgment. We reverse because a genuine issue of material fact remains as to whether the plaintiff had standing at the inception of the lawsuit.
The standard of review of an order granting summary judgment is de novo. Fla. Atl. Univ. Bd. of Trs. v. Lindsey, 50 So. 3d ... More...
   $0 (03-11-2015 - FL)

Scott P. Russell v. Southeast Housing, LLC

Scott P. Russell, as Property Appraiser of Monroe County, Florida, appeals a
judgment holding that certain properties were not subject to ad valorem taxes for
the years 2008 through 2013. The properties are five military housing complexes
serving the Naval Air Station at Key West. The housing complexes are being
improved and operated pursuant to a public-private partnership between... More...
   $0 (03-11-2015 - FL)

Jimmie Lee Taylor v. The Bar Plan Mutual Insurance Company

An attorney advised his client to make loans both to his law firm and to a business from which he received a commission for the referral. The attorney did not make a written disclosure or advise his client to seek independent legal advice, both of which are required by the rules of professional responsibility when entering a self-interested business transaction with a client. The loans were never ... More...   $0 (03-10-2015 - MO)

United States of America v. Gordon D. Fox

PROVIDENCE, R.I. – Former Rhode Island House Speaker Gordon D. Fox, 53, of East Providence, has waived federal indictment and is expected to plead guilty in federal court to a three-count Information charging him with wire fraud, bribery and filing a false tax return. The charges stem from former Speaker Fox’s theft of $108,000 donated by campaign supporters to pay for personal expenses; his a... More...   $0 (03-04-2015 - RI)

Angelica Garza Duque v. Wells Fargo, N.A.

Angelica Garza Duque sued Wells Fargo, N.A., seeking to enforce a consent judgment to which she is not a party and prevent foreclosure on her home. The parties each filed a traditional motion for summary judgment. The trial court granted Wells Fargo’s motion and denied Duque’s motion. Duque appeals. We
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hold that Duque lacks standing to enforce the consent judgment and affirm the judg... More...
   $0 (03-03-2015 - TX)

Jay H. Cohen, Individually and as Trustee of the JHC Trust I and II v. Sandcastle Homes, Inc.

In related proceedings, appellant Jay H. Cohen, Individually and as Trustee of the JHC Trusts I and II, challenges the trial court’s summary judgments granted in favor of appellees Sandcastle Homes, Inc. and NewBiss Property, LP Specifically, Cohen challenges the trial court’s conclusion that the Sandcastle and NewBiss established their status as bona-fide purchasers of certain real property i... More...   $0 (02-26-2015 - TX)

Jay H. Cohen, Individually and as Trustee of the JHC Trust I and II v. NewBiss Property, L.P.

In related proceedings, appellant Jay H. Cohen, Individually and as Trustee of the JHC Trusts I and II, challenges the trial court’s summary judgments granted in favor of appellees Sandcastle Homes, Inc. and NewBiss Property, LP Specifically, Cohen challenges the trial court’s conclusion that the Sandcastle and NewBiss established their status as bona-fide purchasers of certain real property i... More...   $0 (02-26-2015 - TX)

Thein Htaike v. Rosalind Sein a/k/a Daw Myint Myint Sein

Plaintiffs filed this action seeking recovery of over
$200,000 on the general theory that defendants had secured
a series of promissory notes at exorbitant interest rates from
plaintiffs through loansharking. Over the years, plaintiffs
paid substantial sums on those notes but, despite repeated
requests from plaintiffs, defendants never gave them an
accounting of how much th... More...
   $0 (02-25-2015 - OR)

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Kent Morlan, Esq.
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