Mortgage Law
 
Bank of America, N.A. v. Jene Morris and Tara Morris

¶1 The trial court defendant, Jene Morris (Morris), appeals an Order which denied Morris' Motion to Vacate a summary judgment and subsequent foreclosure judgment entered in favor of the plaintiff Bank of America, N.A. (Bank).1



BACKGROUND



¶2 Bank brought this action against Morris and Tara Morris (husband and wife), and others (named Jon Doe and Jane Doe as o... More...
   $0 (11-04-2014 - OK)

Alejandro Hernandez and Edith Roman v. Enrique Gallardo

Edith Roman owned a home in El Paso, Texas, but the lender foreclosed on the property in 2005.1 Enrique Gallardo bought the property at a foreclosure sale. In the pleadings, Roman asserts that she had an agreement with Gallardo that she could continue to reside in the home as a tenant and she could buy back the home when her financial condition improved. Alejandro
1 The factual summary is deri... More...
   $0 (10-30-2014 - TX)

Melissa Ford Bierwirth v. AH4R I TX, LLC

Melissa Ford Bierwirth appeals the county court’s final judgment granting AH4R I TX, LLC, possession of a residential property in Katy, Texas, after a bench trial. We affirm.
2
Background
In 2005, Bierwirth, then known as Melissa Ford, executed a promissory note and deed of trust granting Fieldstone Mortgage Company a security interest in a property located in Katy, Texas. The deed o... More...
   $0 (10-30-2014 - TX)

United States of America v. Warren Ballentine

CHICAGO, IL — An Illinois lawyer and Internet radio talk show host was convicted today on federal charges for engaging in two mortgage fraud schemes that defrauded lenders of a total of approximately $9.7 million. The defendant, WARREN BALLENTINE, schemed with others to obtain more than two dozen fraudulent mortgage loans and represented buyers at multiple closings, knowing that they were fraud... More...   $0 (10-27-2014 - IL)

United States of America v. Irene Marie Brooner

KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Kansas City, Mo., woman pleaded guilty in federal court today to a nearly $3 million fraud scheme that forced her employer out of business.

Irene Marie Brooner, 52, of Kansas City, pleaded guilty before U.S. District Judge Beth Phillips to bank fraud.

Brooner,... More...
   $0 (10-22-2014 - MO)

United States of America v. Kenneth Barfield a/k/a Buddy Barfield

Austin, TX - Political consultant Kenneth Barfield (aka “Buddy Barfield”), age 58, pleaded guilty to stealing approximately $1.8 Million in campaign funds from Texas Lieutenant Governor David Dewhurst announced United States Attorney Robert Pitman, Christopher Combs, Federal Bureau of Investigation (FBI) Special Agent in Charge of the San Antonio Division, and IRS Criminal Investigation Acting... More...   $0 (10-21-2014 - TX)

State of Utah v. GTrace C. Kelson

¶1 Grace Kelson was convicted of five securities law violations and one count of maintaining a pattern of unlawful activity (rack-eteering) related to an investment scheme. The court of appeals overturned Kelson’s securities convictions on the basis of ineffec-tive assistance of trial counsel in stipulating to a jury instruction that purportedly relieved the State of its burden to prove each el... More...   $0 (10-17-2014 - UT)

State of Utah v. Grace C. Kelson

¶1 Grace Kelson was convicted of five securities law violations and one count of maintaining a pattern of unlawful activity (rack-eteering) related to an investment scheme. The court of appeals overturned Kelson’s securities convictions on the basis of ineffec-tive assistance of trial counsel in stipulating to a jury instruction that purportedly relieved the State of its burden to prove each el... More...   $0 (10-17-2014 - UT)

United States of America v. Douglas Edward Henderson

PENSACOLA, FLORIDA – Douglas Edward Henderson, 52, of Fort Walton Beach, Florida, was sentenced to prison and ordered to pay over $1.2 million in restitution following his guilty plea to an Information that charged five counts of submitting a false tax return, two counts of aiding in the preparation of a false tax return, one count of mail fraud, and one count of conspiracy to commit mail and wi... More...   $0 (10-16-2014 - FL)

D.R. Horton, Inc. v. Steven M. Betsinger

This appeal arises from punitive damages proceedings on
remand after we issued our decision in Betsinger v. D.R. Horton, Inc.
(Betsinger I), 126 Nev. 162, 232 P.3d 433 (2010), a case that involved fraud
and deceptive trade practices in the context of a real estate purchase and
loan arrangement. On appeal, we consider whether the proceedings on
remand violated MRS 42.005(3), whi... More...
   $0 (10-16-2014 - NV)

United States of America v. Thomas Richard Jager

DAVENPORT, IA - Thomas Richard Jager, age 66, of Bettendorf, Iowa, was sentenced by United States Chief District Court Judge James E. Gritzner to 97 months imprisonment, after pleading guilty to four counts of wire fraud, announced United States Attorney Nicholas A. Klinefeldt. McDaniel was also ordered to serve five years of supervised release following imprisonment, and pay $400 towards the Crim... More...   $0 (10-16-2014 - IA)

David A. Aschliman v. Rodney Hettinger

David Aschliman appeals a judgment decree and order adverse to him and in favor of Rodney Hettinger in this real estate dispute. We affirm the judgment of the district court.
I.
The record reflects the following facts. Aschliman was an officer and manager of Farmers Implement, Inc., a Wisconsin business involved in the sale, rent, and service of farm equipment. Hettinger was a farmer in Cl... More...
   $0 (10-15-2014 - IA)

Wells Fargo Bank, N.A. v. Calvin M. Rutledge

Wells Fargo Bank, N.A., appeals the final summary judgment granting title to Calvin Rutledge and discharging Wells Fargo's lis pendens against the underlying property in this foreclosure action. Because we agree that Wells Fargo was not barred from pursuing foreclosure in the circuit court by laches or equitable estoppel and that material issues of fact remain as to the authenticity of Mary Dias's... More...   $0 (10-10-2014 - FL)

Crystal Monique Lightfoot v. Cendant Mortgage Corporation

Plaintiffs Beverly Ann Hollis-Arrington and Crystal
Monique Lightfoot appeal the district court’s judgment
dismissing their claims against the Federal National Mortgage
Association (“Fannie Mae”). They argue that the district
court lacked subject matter jurisdiction over their claims. We
disagree. Under the rule announced in American National
Red Cross v. S.G., 505 U.... More...
   $0 (10-02-2014 - CA)

United States of America v. Martin A. Pool and Armand R. Franquelin

SALT LAKE CITY, UT - Martin A. Pool, age 44, of Atlanta, Georgia, and Armand R. Franquelin, age 57, of Liberty, Utah, pleaded guilty to securities fraud and money laundering Wednesday afternoon in U.S. District Court in Salt Lake City. Pool and Franquelin were charged in a three-count felony information filed in April.

As a part of a plea agreement reached with federal prosecu... More...
   $0 (10-02-2014 - UT)

Tulsa Industrial Authority v. City of Tulsa

¶1 The dispositive issue in this appeal is whether or not Taxpayer/appellant, J. Clark Bundren, M.D., (Taxpayer), must include bondholders as necessary parties to this lawsuit. We affirm the order of the trial court.

PROCEDURE

¶2 This appeal is the second appeal in this dispute between Taxpayer and the appellees. The opinion in the first appeal was handed down on June 21, 2011,... More...
   $0 (09-30-2014 - OK)

United States of America v. Robert J. Braun

Spokane, WA – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Robert J. Braun, age 55, originally of Spokane, was sentenced today in United States District Court after pleading guilty to five counts of wire fraud and one count of securities fraud. Senior United States District Court Judge Robert H. Whaley, Jr. sentenced Braun to a three year term ... More...   $0 (09-30-2014 - WA)

United States of America v. Grant McCollough

SAN DIEGO - Grant McCollough, a real estate investor and owner of Tycoon Investments, and his wife, Marisa McCollough, pleaded guilty today to participating in a conspiracy to defraud mortgage lenders and impede the Internal Revenue Service.

As part of their conspiracy, the McColloughs recruited investors to act as “straw” buyers and arranged for false information to be submitted to m... More...
   $0 (09-30-2014 - CA)

Jamshid Najah v. Scottsdale Insurance Company

Appellants Jamshid Najah and Mark Akhavain sold a commercial property, taking back as partial payment a promissory note secured by a second deed of trust. When the borrower fell into default and the holder of the first deed of trust commenced foreclosure proceedings, appellants purchased from the senior lender the promissory note secured by the first deed of trust and took assignment of that trust... More...   $0 (09-30-2014 - CA)

Starr International Company, Inc. v. United States of America

Washington, D.C. - Starr International Company, Inc. sued the United States of America on a taking without just compensation under the Fifth Amendment claiming that the Government's bailout of AIG in 2008 was so punitive that it amounted a taking without just compensation of Starr's ownership interest in AIG. Starr seeks $40 billion in damages.

The Government asserted that AIG entered int... More...
   $0 (09-29-2014 - DC)

Dennis A. Thomas and Debra A. Thomas v. The Unknown Heirs, Successors, and assigns of Charlyne P. Windham, Deceased

Yukon, Canadian County, Oklahoma - Dennis A. Thomas and Debra A. Thomas sued The Unknown Heirs, Successors, and assigns of Charlyne P. Windham, Deceased on a quite title theory alleging:

COME NOW, the Plaintiffs, pursuant to the Nonjudicial Marketable Titles Procedures Act, 12 OS. § 1141, and for cause of action against the Defendants alleges and states:
1. That Plaintiffs are the ow... More...
   $0 (09-26-2014 - OK)

United States of America v. Jason Vitulano

Miami, FL - Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Paula Reid, Special Agent in Charge, United States Secret Service (USSS), Miami Field Office, and Ronald J. Verrochio, Inspector in Charge, United States Postal Inspection Service (USPIS), Miami Division, announce that Jason Vitulano, 39, of Boca Raton, pled guilty before U.S. District Judge Kenneth Marra t... More...   $0 (09-26-2014 - FL)

United States of America v. Israel Hechter

SAN DIEGO - Israel Hechter, the owner of San Diego-based mortgage investment firms Ocean 18, LLC, and Note Tracker Corporation, admitted in federal court today that he paid $1 million in bribes to bank insiders at J.P. Morgan Chase Bank, GMAC Mortgage, LLC, and National City Bank.

According to his plea agreement, in exchange for the bribes, the bankers arranged for Hechter to win bids to ... More...
   $0 (09-26-2014 - CA)

Bank of America, N.A. v. Unknown Successors of Sarah Jane Lewis

¶1 Bank of America, N.A. (Bank), appeals the judgment of the district court that Bank's mortgage did not include a strip of land claimed by Padgett Development Company, LLC (PDC). Bank also appeals the court's fee award to PDC as a prevailing party in Bank's foreclosure action. We affirm the decisions of the district court.

BACKGROUND

¶2 The relevant facts begin in July 1976, w... More...
   $0 (09-23-2014 - OK)

Michael H. Brady v. Patti W. Brady

¶1 Respondent/Appellant Patti W. Brady (Wife) appeals the trial court's order granting the Motion to Correct Decree Nunc Pro Tunc filed on behalf of Michael H. Brady (Husband). The Decree of Dissolution of Marriage ("Decree") was entered June 27, 2011, and the Agreement Incident to Dissolution of Marriage ("Agreement"), incorporated by reference into the Decree, was signed by Wife and Husband Jun... More...   $0 (09-23-2014 - OK)

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