Mortgage Law
 
United States of America v. Luis Michael Mendez and Wilkie Perez

Miami, FL - Two Miami, Florida, residents pleaded guilty this week to participating in a mortgage fraud scheme involving the sale of condominium units in the Miami area.

U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge Nadine Gurley of the Department o... More...
   $0 (08-15-2014 - FL)

Alan Petrie v. UDR Texas Properties, L.P. d/b/a The Gallery Apartments, United Dominion Realty Trust, Inc., ASR of Delaware, L.L.C. and UDR Western Residental, Inc.

In his first issue, Alan Petrie appeals the final judgment of the trial court which, after a pre-trial evidentiary hearing, found that UDR Texas Properties, L.P. d/b/a The Gallery Apartments, United Dominion Realty Trust, Inc., ASR of Delaware, L.L.C. and UDR Western Residential, Inc. (“Gallery”) owed no duty to Petrie to protect him from the criminal acts of third parties committed on its
... More...
   $0 (08-14-2014 - TX)

United States of America v. Manjur Alam

WICHITA, KAN. - A Wichita man was sentenced Monday to six years in federal prison for mortgage fraud, U.S. Attorney Barry Grissom said. He also was ordered to pay more than $250,000 in restitution.

Manjur Alam, 47, Wichita, Kan., pleaded guilty to one count of conspiracy to commit wire fraud and bank fraud. In his plea, he admitted he led co-conspirators in a scheme to submit mortgage loa... More...
   $0 (08-14-2014 - AZ)

Idaho Department of Health & Welfard v. Cathie Peterson

This case arose out of the Department of Health and Welfare’s (IDHW) attempt to recover Medicaid benefits from Melvin Peterson’s estate that were paid during his lifetime. At issue is whether any part of a real estate transfer from Melvin Peterson to his daughter Cathie Peterson is subject to Medicaid recovery.
I. FACTUAL AND PROCEDURAL BACKGROUND
The relevant facts of this case are no... More...
   $0 (08-13-2014 - ID)

IN RE THE MARRIAGE OF MATTHEW R. SEVERIN AND BOUAPHAN S. SEVERIN Upon the Petition of MATTHEW R. SEVERIN, Petitioner-Appellant/Cross-Appellee, And Concerning BOUAPHAN S. SEVERIN, Respondent-Appellee/Cross-Appellant.

Matthew Severin appeals from the decree dissolving his marriage to Bouaphan Severin. Matthew asserts (1) the district court’s award of alimony is excessive and (2) the district court erred in awarding Bouaphan the marital home without requiring a cash equalization payment to Matthew of half the home’s equity. Bouaphan cross-appeals arguing the award of alimony is insufficient. We affirm as to ... More...   $0 (08-13-2014 - IA)

Steven Hoffman v. 162 North Wolfe, LLC

This case involves a dispute between the owners of adjacent commercial property located in Sunnyvale at 170 North Wolfe Road (170 Wolfe, or 170 Wolfe property) and 162 North Wolfe Road (162 Wolfe, or 162 Wolfe property). In March 2010, appellants Steven Hoffman (Hoffman) and Swee Lin Hoffman (collectively, the Hoffmans), purchased the 170 Wolfe property. After close of escrow, the owner of the 162... More...   $0 (08-13-2014 - CA)

Cyndi Vance Don Bizek

This case turns on the trial court's mis-assignment of the burden of proof.
The presumption created by section 16004 of the Probate Code that a trustee who
commingles trust funds with her own funds violates her fiduciary duty to the trust applies
only to the relationship between a trustee and trust beneficiaries. Here, the trial court
applied the presumption for the benefit of a cr... More...
   $0 (08-12-2014 - CA)

United States of America v. Marvin Jemal

New York, NY - Preet Bharara, the United States Attorney for the Southern District of New York, announced today that MARVIN JEMAL, the former Chief Executive Officer of a Manhattan-based company that designed, imported and distributed luggage, business bags, backpacks, and accessories (the “Company”), pled guilty today in connection with a scheme to fraudulently obtain millions of dollars in l... More...   $0 (08-08-2014 - )

Arnulfo Alvarez v. BAC Home Loans Servicing, L.P.

Plaintiffs Arnulfo and Consuelo Alvarez and Enrique and Ofelia De Haro appeal from a judgment entered in favor of defendants BAC Home Loans Servicing, L.P., Bank of America, N.A., and ReconTrust Company, N.A. (collectively Bank of America) following the sustaining of defendants’ demurrer to plaintiffs’ second amended complaint (the complaint) without leave to amend.1 The complaint alleges, amo... More...   $0 (08-07-2014 - CA)

United States of America v. Carmen Denise Mosley

LAS VEGAS, NV – A California accountant was sentenced today to 57 months in federal prison and ordered to pay approximately $1.1 million in restitution for her role in a mortgage fraud scheme in southern Nevada, announced Daniel G. Bogden, United States Attorney for the District of Nevada.

Carmen Denise Mosley, 44, of Granada Hills, Calif., was sentenced by Senior U.S. Distr... More...
   $0 (08-05-2014 - VA)

Darrell Bruess and Traci Bruess v. Residential Credit Solutions, Inc.

When Darrell and Traci Bruess fell behind on their mortgage payments, Residential Credit Solutions, Inc. initiated foreclosure proceedings against them. The Bruesses sued RCS, thereby halting the foreclosure. The parties attended mediation, which ended with the attorneys for both sides signing a mediated
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settlement agreement. Over one year later, the trial court entered a final judgment ... More...
   $0 (08-05-2014 - TX)

United States of America v. Peter Dirosa

Peter DiRosa was sentenced to
57 months in prison after a jury found him guilty of one count of
wire fraud. The charge resulted from a transaction in which DiRosa
and an associate, Thomas Renison, convinced then-75-year-old Frank
Jablonski to invest $600,000 in an elaborate scheme surrounding a
real estate development project in Polgardi, Hungary. On appeal,
DiRosa challeng... More...
   $0 (08-04-2014 - ME)

Watoshina Lynn Compton v. Countrywide Financial Corporation, et al.

Watoshina Lynn Compton appeals the district court’s
dismissal of her claim under section 480-2 of the Hawaii
Revised Statutes, which authorizes consumers to “bring an
action based upon unfair or deceptive acts or practices.”
Haw. Rev. Stat. § 480-2(d) (referred to herein as a UDAP
claim). Because Compton’s complaint adequately alleges
that unfair and deceptive acts... More...
   $0 (08-04-2014 - HI)

United States of America v. Frank Perkins Hixon

New York, NY - Preet Bharara, the United States Attorney for the Southern District of New York announced that FRANK PERKINS HIXON, JR., a former Senior Managing Director of Evercore Group, LLC, a subsidiary of Evercore Partners Inc. (“Evercore”), was sentenced today to 30 months’ imprisonment for insider trading and false statement offenses. In April 2014, HIXON pled guilty before U.S. Distr... More...   $0 (08-01-2014 - NY)

United States of America v. James Monahan

New York, NY - Preet Bharara, the United States Attorney for the Southern District of New York announced that JAMES MONAHAN, the owner of a real estate investment company called Panam Management Group, Inc., was sentenced to 58 months in prison. MONAHAN previously pled guilty on May 29, 2013, to one count each of wire fraud, mail fraud and conspiracy to commit wire and mail fraud for operating a f... More...   $0 (08-01-2014 - NY)

United States of America v. Salmaan Siddiqui

New York, NY - Preet Bharara, the United States Attorney for the Southern District of New York, announced that SALMAAN SIDDIQUI, a former Vice President in the Investment Banking Division of Credit Suisse Group (“Credit Suisse”), was sentenced yesterday to time served in connection with a scheme to hide more than $100 million in losses in a mortgage-backed securities trading book at Credit Sui... More...   $0 (07-31-2014 - NY)

Arturo Petriciolet v. The State of Texas

A jury found appellant, Arturo Petriciolet, guilty of the offense of aggravated assault of a family member1 and assessed his punishment at confinement for fifty years. The trial court further found that he used a deadly weapon, namely, a firearm, in the commission of the offense. In his sole issue, appellant contends that the trial court erred in admitting expert testimony during the punishment ph... More...   $0 (07-31-2014 - TX)

United States of America v. Robert A. George

We write today about the curious case of Robert George,
a criminal-lawyer-turned-convict. Our story — which we narrate in
the light most favorable to the government, see United States v.
Acosta-Colón, 741 F.3d 179, 191 (1st Cir. 2013) — starts in a
Massachusetts town, sometime in early 2009. Standing in line to
buy coffee at a Dunkin' Donuts, George bumped into ex-con Rona... More...
   $0 (07-30-2014 - MA)

Lavine Thomas v. Glen Ginter, Richard J. Griffin a/k/a R. Jason Griffin, Griffin Law Firm, PLLC, John Grady Griffin, Innova Mortgage LLC, Lavine Thomas Properties LLC, and Inova Financial LLC

Lavine Thomas appeals the trial court’s grant of summary judgment based
2
on the doctrine of judicial estoppel in favor of appellees Glen Ginter, Richard J. Griffin a/k/a R. Jason Griffin, Griffin Law Firm, PLLC, John Grady Griffin, Innova Mortgage LLC, Lavine Thomas Properties LLC, and Innova Financial LLC. We affirm.
Background
In 2005 and 2006, Thomas entered into several real... More...
   $0 (07-29-2014 - TX)

Samvel Topchian v. JPMorgan Chase Bank, N.A.

Samvel G. Topchian appeals from the district court’s dismissal of his amended
complaint against JPMorgan Chase Bank (Chase). Because we hold that Topchian
has stated a claim for breach of contract, we affirm in part, reverse in part, and
remand for further proceedings.
I. Background
We recount the facts as described in the amended complaint and in the
permanent loan modif... More...
   $0 (07-28-2014 - MO)

DLA Piper US, LLP v. Chris Linegar

This appeal arises from a lawyer liability case in which the jury found for Chris Linegar on multiple claims centered around alleged misrepresentations made by the law firm of DLA Piper US, LLP1 regarding a loan. The trial court rendered judgment on the jury verdict in favor of Linegar for $1,164,245.40 in damages and
1In its notice of appeal, DLA Piper notes that its correct name is DLA Piper... More...
   $0 (07-24-2014 - TX)

United States of America v. Jeffrey Watts a/k/a Jeff Watts

FORT WORTH, Texas — A Fort Worth man who was arrested in Oregon, where he fled when a fraudulent oil and gas Ponzi scheme he was running began to unravel, pleaded guilty today to one count of wire fraud, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

Jeffrey Watts, aka “Jeff Watts,” 41, appeared before U.S. Magistrate Judge Jeffrey L. Cureton this morni... More...
   $0 (07-23-2014 - TX)

Guardianship of A.L.

Seven years after appellant Marjorie L. (the guardian or Marjorie) was appointed guardian of her two granddaughters, A.L. and E.L. (the minors), the trial court granted a petition to terminate the guardianship filed by the minors’ parents, respondents Jennifer L. and Richard L., Jr., (the parents, or Jennifer and Richard), following a minutes long hearing in which no evidence was introduced, no ... More...   $0 (07-23-2014 - CA)

In re the Marriage of DRM and MAM

COMES NOW the Petitioner, DM, for cause of action against the Respondent, MM alleges and states that:
1. Residency. Petitioner is now and has been for more than six (6) Months preceding the filing of the Petition herein an actual resident, in good faith,7df the State of Oklahoma, and a resident of Tulsa County, for thirty (30) day&at the time this Petition is filed.
2. Date of Marriage. Th... More...
   $0 (07-22-2014 - OK)

Phillip Linza v. PHH Mortgages Services

Phillip Linza sued PHH Mortgages Services on breach of contract and negligence theories claiming that Defendant's refusal to accept mortgage payments tendered by him after agreeing to modify the mortgage on his house and then instituting a foreclosure action against him.... More...   $16000000 (07-18-2014 - CA)

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