Mortgage Law
 
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

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United States of America v. Christopher L. Durling

LAS VEGAS, NV – A Utah man who owned a title and escrow company that operated in Nevada, has pleaded guilty to wire fraud for embezzling almost $4 million from company escrow accounts for his own personal use, announced U.S. Attorney Daniel G. Bogden for the District of Nevada.

Christopher L. Durling, 49, of Sandy, Utah, pleaded guilty on Wednesday, May 13, 2015, before Senior U.S. Dist

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United States of America v. Paxton Jeffrey Anderson and Joseph John Plany

PHOENIX, AZ – Paxton Jeffrey Anderson, 44, of Montevideo, Minn., and Joseph John Plany, 42, of Hutto, Texas, were sentenced by U.S. District Court Judge Susan R. Bolton to eight years and four years in prison, respectively, and ordered to pay $3,270,425 in restitution. Anderson and Planey were convicted of multiple counts of bank fraud in June, 2014, after a three-week jury trial.

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United States of America v. Eric Hulsman

Atlanta, GA - A Georgia real estate investor pleaded guilty for his role in conspiracies to rig bids and commit mail fraud at public real estate foreclosure auctions in Georgia, the Department of Justice announced.

Felony charges against Eric Hulsman were filed on March 27, 2015, in the U.S. District Court of the Northern District of Georgia in Atlanta. According to court documents, fro

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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Cinco Enterprises, Inc. v. Botts

¶1 Cinco Enterprises, Inc. (Cinco) seeks review of the trial court's order granting judgment to Edward Botts, Michael Dee Ball, Barbara Ellen Ball, Leo J. Davis, and Grace G. Davis (collectively, Owners) in Cinco's action for declaratory judgment and foreclosure of a mortgage on property in which Owners claimed some interest. We find Cinco's action time-barred, and affirm the trial court's judgme

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DALE STATON and CAROLYN STATON, husband and wife, Plaintiffs/Appellees/Counter-Appellants, v. THE GUARANTEE STATE BANK OF MANGUM, OKLAHOMA, Defendant/Appellant/Counter-Appellee.

¶1 The trial court defendant Guarantee State Bank of Mangum, Oklahoma (Bank), appeals a judgment awarding the plaintiffs Dale Staton and Carolyn Staton (Statons) attorney fees and costs in their successful action against the Bank. The Statons appeal from the same judgment asserting that the Trial Court erred in awarding them substantially less than the amount of attorney fees requested in their m

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UNITED TIRE & INV. CO. v. MAXWELL

¶1 The parties in this action occupied the same relative positions in the trial court, and hereafter they will be referred to as plaintiff and defendant.

¶2 John W. Egan gave a chattel mortgage on an automobile to Risner's Used Cars, which was duly assigned to United Tire and Investment Co., a trust. The mortgage and assignment were duly recorded in Tulsa County Oklahoma, as required by

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WELLBRO BUILDING COMPANY, A CORPORATION, PLAINTIFF IN ERROR, v. WARREN L. McCONNICO, RECEIVER, STARFIRE BOAT CORPORATION, AND CHARLES S. KOPP, D/B/A CHARLES S. KOPP, INSURANCE AGENCY, DEFENDANTS IN ERROR, and ED NEIBLING, TRUSTEE OF THE ESTATE OF STARFIRE BOAT CORPORATION, A CORPORATION, A BANKRUPT, INTERVENER.

¶1 The plaintiff in error, Wellbro Building Company, intervened in the trial court in the cause from which this appeal arose, after judgment had been granted the plaintiff therein, and after a receiver had in aid of execution initiated proceedings for sale of personal property, fixtures and equipment owned by the debtor, Starfire Boat Corporation. Consideration by the court of Wellbro's petition,

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W.E. Mills v. Winnifred Reneau

¶1 This is an appeal by plaintiff in error from a judgment entered in favor of defendants in error, herein denominated plaintiffs, in an action brought to quiet title to mineral interests in Grady County, Oklahoma.

¶2 The petition alleged that on September 18, 1930, defendant conveyed to H.W. Reneau, plaintiffs' predecessor in title, an undivided 15/240ths mineral interest in the "South

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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.

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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

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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

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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

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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

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