Mortgage Law
 
Vasile Marincasiu v. Stpehen C. Drilling

Vacile and Stacy Marincasiu appeal the trial court’s judgment granting Stephen C. Drilling a first lien on certain real property located at 1702 Egret Lane, Southlake, Texas, 76092 (hereinafter “the Southlake Property”); allowing him to foreclose on the property; and clearing title to the land. On appeal, the Marincasius challenge the factual and legal sufficiency of the trial court’s find... More...   $0 (04-09-2014 - TX)

Frank P. Butler v. Deutsche Bank Trust Company Americas

In the wake of the foreclosure crisis, litigants have increasingly sought out clarification regarding the validity of mortgage transfers precipitated by Mortgage Electronic Registration Systems, Inc. ("MERS"). The general contours of these claims are well known, and many of the facts underlying this case parallel past foreclosure litigation. A homeowner, Frank P. Butler ("Butler"), upon falling b... More...   $0 (04-06-2014 - MA)

United States of America v. Duncan MacDonald, III

DALLAS — Duncan MacDonald III, 50, of Dallas, was sentenced yesterday afternoon by U.S. District Judge Jane J. Boyle to five years in federal prison, following his guilty plea in July 2013 to a felony Information charging conspiracy to commit wire fraud. Restitution owed will be determined at a later date. The announcement was made today by U.S. Attorney Sarah R. Saldaña of the Northern Distr... More...   $0 (04-04-2014 - TX)

John P. Serra, II v. Quantum Servicing Corp., et al.

John P. Serra, II ("Serra") asserts that his property was wrongfully sold at foreclosure by a party without any valid legal interest in his mortgage. He also extends claims in wrongful foreclosure and unfair business practices against an earlier mortgage holder that tried, unsuccessfully, to foreclose. All of these claims are predicated on a theory that Mortgage Electronic Registration Systems, In... More...   $0 (03-31-2014 - OK)

United States of America v. Vincent Bazemore

DALLAS, Texas - A former Denton County insurance agent, who was convicted at trial last summer on several felony offenses stemming from a scheme to defraud various life insurance companies, was sentenced today in federal court in Dallas.

U.S. District Judge Reed C. O’Connor sentenced Vincent Bazemore, 40, formerly of Aubrey, Texas, to serve a total of 292 months in federal prison and or... More...
   $0 (03-28-2014 - TX)

United States of America v. Walter Ryan Macapaz

Former Houston resident Walter Ryan Macapaz has been ordered to prison along with Houston businessman Tony David Maldonado and attorney and former mortgage loan officer Buffy Marie Lawrence for their roles in a scheme to defraud residential mortgage lenders of more than $22 million in loans, announced United States Attorney Kenneth Magidson along with FBI Special Agent in Charge Stephen L. Morris ... More...   $0 (03-28-2014 - TX)

United States of America v. Scot Zarkiewicz

Preet Bharara, the United States Attorney for the Southern District of New York, announced that SCOT ZARKIEWICZ, the co-founder and former President, Chief Executive Officer, Treasurer, and principal owner of SingleClick Systems Corp. (“SingleClick”), a Delaware-incorporated, New Jersey-based software company, was sentenced today in Manhattan federal court to 63 months in prison for perpetrati... More...   $0 (03-28-2014 - NY)

Janice Blizzard v. John Paul Lundeby, M.D.

This is an appeal from a district court order denying Plaintiff’s Rule 59(a)(6) Motion for a New Trial in a medical malpractice lawsuit where the jury found that Defendant, Dr. Lundeby (“Dr. Lundeby”), did not breach the standard of care owed to his patient, Rick Blizzard (“Blizzard”). The district court, although finding the jury’s verdict was against the clear weight
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of evi... More...
   $0 (03-27-2014 - ID)

United States of America v. Trina Tahir

Oklahoma City, Oklahoma – TRINA TAHIR, 58, of Oklahoma City, has been sentenced to twenty-four months in federal prison and ordered to pay $382,290.82 in restitution for her role in obtaining mortgage loans fraudulently, announced Sanford C. Coats, United States Attorney for the Western District of Oklahoma.

A grand jury indicted Tahir along with two co-defendants, Derrick Reuben Smith ... More...
   $0 (03-27-2014 - OK)

Anthony Dewight Heard v. Kristi Dawn Heard

Appellant Anthony Dewight Heard appeals from a final decree of divorce. We will affirm as modified. 1See Tex. R. App. P. 47.4.

2

II. BACKGROUND

Anthony and Appellee Kristi Dawn Heard married in April 2003. They have two children, ages seven and four. Kristi filed her original petition for divorce in March 2011, alleging insupportability and requesting the trial court to dispro... More...
   $0 (03-27-2014 - TX)

In the Matter of the Estate of Carlton E. Horner, Sr., Deceased.

¶1 Appellant Carlton E. Horner, Jr. seeks review of the trial court's orders denying him a continuance and construing the Last Will and Testament of his father, Carlton E. Horner, Sr., Deceased (Decedent). In this appeal, Appellant asserts the trial court abused its discretion in denying him a continuance to obtain substitute counsel, and erred as a matter of both fact and law in refusing to enfo... More...   $0 (03-26-2014 - OK)

United States of America v. Richard Zanco

RICHARD ZANCO, age 44, of Slidell, Louisiana, plead guilty as charged today before United States District Judge Susie Morgan to money laundering, announced United States Attorney Kenneth Allen Polite, Jr.

According to court documents, in about May 2012, ZANCO learned that someone had opened a brokerage account in his name and used that account to acquire collateralized mortgage obligation... More...
   $0 (03-26-2014 - LA)

United States of America v. Lawrence Michael Day

A 64-year-old Fort Worth man has pleaded guilty to mortgage fraud and federal income tax violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.

Lawrence Michael Day pleaded guilty to conspiracy to commit mail and wire fraud affecting a financial institution today before U.S. Magistrate Judge Don Bush. Day also pleaded guilty today to an Information c... More...
   $0 (03-25-2014 - TX)

United States of America v. Peter V. Capra

Peter V. Capra, age 56, of Littleton, Colorado, was found guilty by a jury of wire fraud, mail fraud and money laundering, federal law enforcement authorities announced. The guilty verdict was the result of a 8 day trial before U.S. District Court Judge R. Brooke Jackson. The jury deliberated for nearly two days before reaching their verdicts. At the conclusion of the trial Capra was taken into... More...   $0 (03-21-2014 - CO)

United States of America v. Michael Rivers

United States Attorney A. Lee Bentley, III announces that Michael Rivers (56, Windermere) yesterday pleaded guilty to one count of conspiracy to commit wire fraud, eight counts of wire fraud, one count of conspiracy to commit money laundering, eight counts of money laundering, and three counts of aggravated identity theft. Additionally, Kim Rivers (46, Windermere) pleaded guilty to three counts o... More...   $0 (03-21-2014 - FL)

BMBT, LLC v. Christopher L. Miller

¶1 BMBT, LLC challenges the trial court’s ruling granting
Defendants’ rule 12(b)(6) motion to dismiss for failure to state a
claim. See Utah R. Civ. P. 12(b)(6). We affirm.
¶2 On December 1, 2003, Defendants Christopher L. Miller and
Gae O. Miller executed a promissory note (the Note) in favor of
BMBT, LLC v. Miller
1. Both the Deed and the Note were recorded in Utah ... More...
   $0 (03-20-2014 - UT)

United States of America v. Glen Jones

A 43-year-old Plano, Texas man has been sentenced for his role in a mortgage fraud scheme in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.

Anthony Glen Jones pleaded guilty on Oct. 23, 2013 to bank fraud in connection with a FHA insured home loan and was sentenced to 27 months in federal prison today by U.S. District Judge Thad Heartfield. Jones was also orde... More...
   $0 (03-19-2014 - TX)

United States of America v. Darrell Swigert

Darrell Swigert, 68, of Boise, Idaho, the second of two defendants in a Treasure Valley federal fraud case, was sentenced to three months in prison followed by two years of supervised release, U.S. Attorney Wendy J. Olson and Assistant Attorney General for the Tax Division Kathryn Keneally announced. Chief U.S. District B. Lynn Winmill also ordered Swigert to pay a $5,000 fine and perform 100 hour... More...   $0 (03-19-2014 - ID)

Joan Deyoung, Stephen Deyoung, and David Deyoung v. Beirne, Maynard & Parsons, L.L.P.

In this appeal from a summary judgment, we determine whether an attorney-client relationship existed between a law firm and a real estate partnership because the general partner of the real estate partnership is also a partner of the law firm.

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We conclude that such a relationship does not exist in this case, because neither the real estate partnership nor the plaintiffs engaged... More...
   $0 (03-18-2014 - TX)

United States of America v. Alessandra Valencia Toscanelli

U.S. Attorney Wendy J. Olson announced that Sarah Kate Henecke, 35, also known as Alessandra Valencia Toscanelli, of Las Vegas, Nevada, pleaded guilty today to making a false statement on a residential loan application to the Department of Housing and Urban Development. Henecke was arrested in Nevada on December 11, 2013. She appeared today before U.S. District Judge Edward J. Lodge at the federal... More...   $0 (03-17-2014 - ID)

Stephen Eskeland v. City of Del Mar

Stephen and Nahida "Lucy" Eskeland (the Eskelands) appeal from the trial court's denial of the petition for writ of administrative mandamus they filed against the City of Del Mar (the City) and real party in interest Jon Scurlock. The Eskelands challenge the City's decision to grant a variance to Scurlock allowing him to build a house that does not comply with the 20-foot front yard setback requir... More...   $0 (03-14-2014 - CA)

United States of America v. Gerald A. Poynter

Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man was sentenced in federal court today for leading a tax fraud conspiracy that attempted to receive nearly $100 million in fraudulent refunds from the IRS. Co-conspirators from eight states were involved in filing fraudulent tax returns in the largest federal false claims case that h... More...   $0 (03-13-2014 - MO)

Vaughn L. Bailey and Celeste Bailey v. Bank of America, N.A. f/k/a BAC Home Loan Servicing, LP f/k/a Countrywide Home Loans Servicing LP

Vaughn L. and Celeste Bailey appeal from a summary judgment for Bank of America, N.A., formerly known as BAC Home Loan Servicing, LP, which in turn was formerly known as Countrywide Home Loans Servicing LP. In two 1See Tex. R. App. P. 47.4.

2

points, the Baileys contend that the trial court erred by granting summary judgment. We affirm.

Background

In 2005, Vaughn obtain... More...
   $0 (03-13-2014 - TX)

Angela Ames v. Nationwide Mutual Insurance Co

Angela Ames appeals from the district court’s1 grant of summary judgment to Nationwide Mutual Insurance Company, Nationwide Advantage Mortgage Company, and Karla Neel (collectively, Nationwide) on her sex- and pregnancy-based employment discrimination claims brought under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and the Iowa Civil Rights Act (ICRA), Iowa... More...   $0 (03-13-2014 - IA)

IN RE THE MARRIAGE OF JEFFREY C. DEAN AND MELISSA A. DEAN

Melissa Chapman, f/k/a Melissa Dean, appeals and Jeffrey Dean cross-appeals certain economic provisions of the decree dissolving their marriage. Melissa asserts the district court erred in not awarding her a greater cash settlement because it failed to include certain premarital gifts and purchases in its calculation. Jeffrey asserts the court erred in failing to reduce its home equity computation... More...   $0 (03-12-2014 - IA)

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