Mortgage Law
 
Maria K. Viola v. Gordon E. Viola

[¶1] Gordon E. Viola appeals from a divorce judgment entered by the
District Court (Portland, Mulhern, J.) ordering him to pay spousal support, marital
debt obligations, and attorney fees to Maria K. Viola. We vacate the portion of the
judgment regarding attorney fees and remand for redetermination of a reasonable
amount. We affirm the judgment in all other respects.
I. BACKGR... More...
   $0 (01-29-2015 - ME)

Los Angeles Memorial Coliseum Commission v. Insomniac, Inc.

Plaintiffs and appellants Los Angeles Memorial Coliseum Commission (Commission) and Los Angeles Memorial Coliseum Association (Association)1 appeal from a judgment and order of dismissal entered following the sustaining without leave to amend of demurrers by defendants and respondents Insomniac, Inc. (Insomniac); Pasquale Rotella (Rotella); Go Ventures, Inc. (Ventures); and Reza Gerami (Gerami).2 ... More...   $0 (01-27-2015 - CA)

United States of America v. Jeffrey Charles Leroy Taylor

Fort Lauderdale, FL - A Broward County resident was sentenced today by U.S. District Judge Kenneth Marra to 36 months in prison, to be followed by two years of supervised release and was ordered to pay $350,470.00 in restitution in a loan modification scheme.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Paula Reid, Special Agent in Charge, United States ... More...
   $0 (01-23-2015 - FL)

United States of America v. Sally R. Hansen

COEUR D’ALENE, ID - Sally R. Hansen, 39, formerly of Athol, Idaho, pleaded guilty to 15 counts of wire fraud, U.S. Attorney Wendy J. Olson announced. The charge stemmed from Hansen’s years as the City Clerk of Athol from 2009 to 2014.

According to court documents, during the time of her employment, Hansen used the wires and fraudulently took $417,879 from the City of Athol. She did ... More...
   $0 (01-21-2015 - ID)

United States of America v. Christopher Wayne White

Fort Lauderdale, FL - A Broward real estate broker was sentenced today to 41 months in prison, three years supervised release and ordered to pay $4,029,892, in restitution to victims in three separate fraud cases by U.S. District Judge William P. Dimitrouleas.

Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI, Miami Field O... More...
   $0 (01-20-2015 - FL)

Thomas A. Webster v. Chase Home Finance, LLC

Thomas Webster appeals the final judgment of foreclosure rendered in favor of
Chase Home Finance, LLC. He contends that he was not given proper notice of the
default in payments.
We believe the issue is an evidentiary matter. Under the specific provisions of the
mortgage, notice to one mortgagor constitutes sufficient notice to the other mortgagor,
and Webster does not contend ... More...
   $0 (01-16-2015 - FL)

The City of Galveston, Texas v. Joe Murphy, Yoram Ben-Amram and Galtex Development, LLC

Appellees Joe Murphy, Yoram Ben-Amram, and Galtex Development, LLC1 sued the City of Galveston, claiming that the City unconstitutionally took their property without just compensation through inverse condemnation. The City filed a plea to the jurisdiction, which the trial court denied. The City timely filed this
1 We refer to the appellees collectively as the “Property Owners.”
interlo... More...
   $0 (01-13-2015 - TX)

Ruby Yarbrough and Wilburn E. Yarbrough v. Household Finance Corporation III

In an issue of first impression, we must decide whether an affirmative defense of forgery, supported by an affidavit alleging that the defendants’ signatures on a deed of trust were forged, raises a genuine issue of title intertwined with the issue of possession sufficient to deprive a justice court of jurisdiction in a forcible detainer action. We hold that it does. The courts below lacked juri... More...   $0 (01-13-2015 - TX)

Walter c. Minnick v. Hawley Troxell Ennis and Hawley, L.L.P.

Walter Minnick and A.K. Lienhart Minnick, husband and wife (collectively Minnicks), brought a professional malpractice action against the law firm Hawley Troxell Ennis and Hawley, LLP (Hawley Troxell), alleging negligence in rendering services in connection with a real estate development project. On motion of Hawley Troxell for summary judgment, the district court dismissed the action as time-barr... More...   $0 (01-09-2015 - ID)

United States of America v. Christina M. Pender and Robert K. Taylor

DES MOINES, IA – Former Iowa resident Christina M. Pender and California resident Robert K. Taylor have pled guilty to defrauding insurance company AIG out of hundreds of thousands of dollars. Taylor also pled guilty to making false statements to a financial institution involving a mortgage fraud scheme in California. Pender pled guilty on April 17, 2014, and Taylor pled guilty on August 27, 201... More...   $0 (01-09-2015 - IA)

Robert Blechman and Cathy Blechman Chermak v. Estate of Bertram Blechman

In this probate administration case, the children of Bertram Blechman (“the Decedent”)—Robert Blechman and Cathy Blechman Chermak—challenge an order determining their father’s ownership interest in a limited liability company to be part of his probate estate. By virtue of a provision in the operating agreement of the limited liability company, the Decedent’s membership interest immedia... More...   $0 (01-07-2015 - FL)

United States of America v. Stephen Mark Hilliard, Michael Duraine Cowan, II,Berta Laura McFaddin and Cynthia Gayle Hirsch

Midland County, TX - Three former Permian Basin business owners and a title company executive were sentenced for their roles in a mortgage fraud scheme that involved approximately 800 real estate properties and about $45 million in loans announced Acting United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Douglas E. Lindquist, El Paso Division... More...   $0 (01-07-2015 - TX)

United States of America v. Yvonne Gumaer

PLANO, Texas – A 68 year-old Galveston, Texas woman has been sentenced to federal prison for federal violations related to a mortgage fraud scheme in the Eastern District of Texas.

Yvonne Gumaer pleaded guilty on Jan. 22, 2013 to making a false statement in connection with an FHA insured home loan and was sentenced to 33 months in federal prison today by U.S. District Judge Richard Sche... More...
   $0 (01-01-2015 - )

United States of America v. Mark Avalos

St. Louis, MO – MARK AVALOS pled guilty to bank fraud charges relating to his work as the Controller for The Mortgage Store, Inc. (TMS) in 2008.

According to court documents, TMS was a major mortgage brokering business with offices in four states and hundreds of employees. The main offices were in Westport Plaza and Wentzville. The businesses were operating at a financial deficit in 2... More...
   $0 (12-24-2014 - )

United States of America v. Wilbur Anthony Huff

New York, NY - WILBUR ANTHONY HUFF, a Kentucky businessman, pled guilty today in Manhattan federal court to various tax crimes that caused more than $50 million in losses to the Internal Revenue Service (“IRS”), and a massive fraud that involved the bribery of bank officials, the fraudulent purchase of an insurance company, and the defrauding of insurance regulators. HUFF pled guilty this afte... More...   $0 (12-23-2014 - NY)

Adiel Gorel and FLCA Tropical Holdings, LLC v. The Bank of New York Mellon, etc.

Adiel Gorel and FLCA Tropical Holdings, LLC appeal the Final Summary Judgment
of Mortgage Foreclosure in favor of The Bank of New York Mellon (Bank). Gorel and
FLCA contend that Bank failed to establish that it was entitled to summary judgment
because it failed to properly refute their affirmative defense alleging Bank’s failure to
provide them with pre-acceleration notice as req... More...
   $0 (12-19-2014 - FL)

United States of America v. Roberta Barnes

Minneapolis, MN - ROBERTA BARNES, 57, pleaded guilty to using her nonprofit organizations to defraud two Minnesota state agencies, stealing more than $460,000 in state and federal grant funds. The defendant pleaded guilty on December 15, 2014, before Judge John R. Tunheim in U.S. District Court in Minneapolis, Minn., to one count of Mail Fraud.

“This defendant stole from grant programs ... More...
   $0 (12-18-2014 - MN)

Lennar Homes of California, Inc. v. Stella Stephens

The agreements between Lennar and Stephens and between Lennar and the Youngs contain identical indemnity clauses. In this lawsuit, Lennar attempts to enforce those indemnity clauses, seeking to recover attorney fees and costs incurred in defending a class action lawsuit, brought initially by Stephens, and later joined by Timothy Young—but not Melissa Young—in the United States District Court f... More...   $0 (12-18-2014 - CA)

Helen Lin v. Mireya B. Coronado

Plaintiff Helen Lin (Lin) appeals from a judgment entered on an order sustaining a demurrer without leave to amend in favor of defendant Mireya B. Coronado (Coronado). In her operative first amended complaint, Lin alleges she “pooled” her $150,000 with $100,000 provided by River Forest Financial LLC (River Forest) and Elevation Investments LLC (Elevation) “in partnership for the purchase” ... More...   $0 (12-18-2014 - CA)

United States of America v. Brenden James Leischner

GREAT FALLS, MT – Former University of Great Falls student, Brenden James Leischner, 24, now of Indio, California, was sentenced to six months in federal custody for Federal Student Financial Aid Fraud, by U.S. District Judge Brian Morris. The United States Attorney’s Office announced that the sentence also included five years’ probation, $82,237 in restitution to the U.S. Department of Educ... More...   $0 (12-17-2014 - MT)

U.S. Bank National Association v. Massoud Yashouafar

Plaintiff and respondent U.S. Bank National Association1 brought an action to enforce a Guaranty and Indemnity Agreement (Guaranty) that defendants and appellants Massoud Yashouafar and Solyman Yashouafar signed in favor of plaintiff’s predecessor-in-interest for the outstanding obligations owed by the borrowers on a promissory note (Note). The trial court granted plaintiff’s motion for summar... More...   $0 (12-17-2014 - CA)

Renee Feresi v. The Livery, LLC

The Commercial Code1 provides that "a financing statement must be filed to perfect all security interests . . . ." (§ 9310, subd. (a).) It further provides, "A perfected security interest . . . has priority over a conflicting unperfected security interest . . . ." (§ 9322, subd. (a)(2).) Although the code reflects the Legislature's intention to create a simplified, clear and uniform means of pri... More...   $0 (12-15-2014 - CA)

Monique Hudson v. County of Los Angeles

A former deputy in the Sheriff’s Department of Los Angeles County, while on temporary disability leave resulting from knee injuries, was discharged from her employment on grounds later found by the county Civil Service Commission to be unjustified. During the long Civil Service Commission proceedings leading to its order restoring her employment, however, the county’s retirement authority gran... More...   $0 (12-14-2014 - CA)

JP Morgan Chase Bank, N.A. v. Mary A. Alexander Mohler, Kendall Lew Mohler, First Mortgage Corp. and Holland Point Homeowners Association, Inc.

JP Morgan Chase Bank, N.A. sued Mary A. Alexander Mohler, Kendall Lew Mohler, First Mortgage Corp. and Holland Point Homeowners Association, Inc. on a breach of contract and foreclosure theories.

Mary A. Alexander Mohler counterclaimed on breach of contract and emotion distress theories.

Plaintiff's Motion for Summary Judgment stated, in part, as follows:
* * *
1. On or a... More...
   $0 (12-13-2014 - OK)

United States of America v. Lendell Beacham

William Tisdale, Hubert Jones, and Lendell Beacham were convicted by a jury on various counts of conspiracy, wire fraud, and bank fraud. They appeal the sufficiency of the evidence supporting their respective convictions, various aspects of their respective prison sentences, and the district court’s method of calculating restitution. We affirm their convictions but vacate their sentences and rem... More...   $0 (12-12-2014 - TX)

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