Massachusetts Mortgage Law
 

United States of America v. Jasiel F. Correia, II

Boston, MA: Criminal defense lawyer represented defendant charged with conspiracy to defraud and to extort money from marijuana vendors.

Jasiel F. Correia II, the former Mayor of Fall River, Mass., was charged for his involvement in a scheme to defraud investors and extorting and conspiring to extort marijuana vendors for hundreds of thousands of dollars.

In October 2018, Correia... More...
   $0 (09-22-2021 - MA)

United States of America v. Gabriel T. Tavarez

Boston, MA - Criminal defense lawyer represented Defendant, Gabriel T. Tavarez, charged with fraud.

The principal and co-founder of a North Andover mortgage short sale assistance company pleaded guilty in connection with defrauding mortgage lenders and investors out of nearly $500,000 in proceeds from about 90 short sale transactions.

More...   $0 (06-05-2020 - MA)

United States of America v. Jaime L. Mulvihill

Boston, MA - Boston, Massachusetts criminal defense lawyer represented Defendant, Jaime L. Mulvihill, charged with fraud.

The principal and co-founder of a North Andover mortgage short sale assistance company was sentenced connection with defrauding mortgage lenders and investors out of nearly $500,000 in proceeds from about 90 short sale transactions.

Jaime L. Mulvihill, 40, was... More...
   $0 (02-28-2020 - MA)

Dorita Aja v. Ocwen Loan Servicing, LLC






After carefully considering the parties'
briefs and the record on appeal, we conclude that the district
court's grant of summary judgment for Ocwen should be affirmed.
We briefly explain our decision because our reason... More...
   $0 (02-26-2019 - MA)

MARK R. THOMPSON; BETH A. THOMPSON v. JPMORGAN CHASE BANK, N.A.,





Mark and Beth Thompson sued
JPMorgan Chase Bank ("Chase") for breach of contract and violating
the statutory power of sale Massachusetts affords mortgagees.
Mass. Gen. Laws ch. 183, 21. The Thompsons alleged Chase fa... More...
   $0 (02-10-2019 - MA)

Jeanne M. Klimowiczv. Deutsche Bank National Trust Company

In this appeal, we are asked to
revisit a case in which the plaintiff fought tooth and nail in the
Massachusetts state courts and lost. Displeased by the result of
the state-court proceedings, she repaired to the federal district
court and sought to have that court address essentially the same
grievances. The district court rejected her importunings, and the
plaintiff now a... More...
   $0 (10-19-2018 - MA)

Thomas Harry, Jr. v. Countrywide Home Loans, Inc., et al.

District of Massachusetts Federal Courthouse - Boston, Massachusetts

In November 2005, Thomas and Gretchen Harry borrowed $245,350 from
Countrywide Home Loans, Inc.,1 to refinance their property in Mashpee,
Massachusetts. The Harrys defaulted on their loan in 2009, and in 2016
they initiated this action to void their transaction and enjoin their
property's foreclosure sale. The district court granted the defendants'
motion to dismiss the Har... More...
   $0 (08-23-2018 - MA)

United States of America v. The Royal Bank of Scotland Group plc (RBS)

District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Royal Bank of Scotland Agrees to Pay $4.9 Billion for Financial Crisis-Era Misconduct
Settlement Is Largest Penalty Imposed On A Single Entity By The Justice Department For Financial Crisis-Era Misconduct

The Justice Department announced a $4.9 billion settlement with The Royal Bank of Scotland Group plc (RBS) resolving federal civil claims that RBS misled investors in th... More...
   $0 (08-14-2018 - MA)

Jonathan Foley v. Wells Fargo Bank, N.A.

District of Massachusetts Federal Courthouse - Boston, Massachusetts

The plaintiff, Jonathan
Foley, appeals from summary judgment entered for Wells Fargo
Bank, N.A., in an action seeking to enjoin the bank's threatened
foreclosure under Foley's existing mortgage, and alleging that
the bank was in breach of contract in denying his application to
rewrite the mortgage contract. We affirm.
This is the second plaintiff's appeal in this action,More...
   $0 (07-31-2018 - MA)

United States of America v. Jasmin Polanco

District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Real Estate Attorney Sentenced for Role in Sweeping Mortgage Fraud Conspiracy

A real estate attorney was sentenced today in connection with a sweeping conspiracy to defraud banks and mortgage companies by engaging in sham short sales of residential properties in Merrimack Valley.

Jasmin Polanco, 37, of Methuen, was sentenced by U.S. Senior District Court Judge Doug... More...
   $0 (06-21-2018 - MA)

Mats A. Samuelsson and Maria A. Samuelsson v. HSBC Bank USA, N.A.

District of Massachusetts Federal Courthouse - Boston, Massachusetts

Mats and Maria Samuelsson
appeal from the dismissal of their action in the nature of a
petition for declaratory judgment, by which they sought, among
other things, an injunction against a foreclosure sale of their
house. We affirm.
According to their allegations, appellants entered into
a loan refinancing arrangement in May 2006. They signed a $560,000
promissory note p... More...
   $0 (04-01-2018 - MA)

James Ellis; William Perry v. Fidelity Management Trust Company

Plaintiffs James Ellis and
William Perry brought this certified class action under the
Employee Retirement Income Security Act of 1974 ("ERISA"),
alleging that Fidelity Management Trust Company, the fiduciary for
a fund in which plaintiffs had invested, breached its duties of
loyalty and prudence in managing the fund. Fidelity won summary
judgment and plaintiffs appealed. B... More...
   $0 (02-22-2018 - MA)

UNITED STATES OF AMERICA v. MICHAEL DAVID SCOTT

Former Real Estate Developer Sentenced to Prison for Orchestrating Massive Mortgage Fraud

In February 2008, the government began investigating
Scott as a result of a civil case case against him in Massachusetts
state court involving a mortgage fraud scheme Scott operated in
and around Boston. Scott purchased multi-family homes, divided
them into condominium units, and then recruited straw buyers to
purchase the units at prices favorable to Scott. He attracte... More...
   $0 (12-30-2017 - MA)

United States of America v. Michael David Scott

District of Massachusetts Federal Courthouse - Boston, Massachusetts

Michael David Scott appeals
from his conviction and sentence for wire fraud, bank fraud, and
money laundering, associated with a mortgage fraud scheme
perpetrated in the Boston area. His principal argument is that
the government unfairly procured his guilty plea by misusing
information he provided during proffer sessions. He also
challenges his sentence. For the following r... More...
   $0 (12-08-2017 - MA)

John A. Keane v. HSBC Bank USA

District of Massachusetts Federal Courthouse - Boston, Massachusetts

John Keane appeals from the
denial of his motion to vacate an order dismissing his lawsuit
against HSBC, Nationstar Mortgage, and Mortgage Electronic
Registration Systems. We reverse.
I.
In December 2014, Keane sued defendants in state court
in Massachusetts, alleging a variety of state law violations in
connection with a foreclosure action against a property he ownedMore...
   $0 (10-31-2017 - MA)

John Rife v. One West Bank

Federal Courthouse - Boston, Massachusetts

In 2015, John Rife filed an 8-count
complaint in state court against the servicers, holders, and
assignees of his mortgage loan which had been executed in 2006.
The pertinent defendants include: One West Bank, F.S.B.; Mortgage
Electronic Registration Systems, Inc. (MERS); Indy Mac Mortgage
Services; and Deutsche Bank National Trust Company, as
trustee/master servicer. The m... More...
   $0 (09-29-2017 - MA)

Paulo Rezende v. Ocwen Loan Servicing, LLC; US Bank, N.A.

Federal Courthouse - Boston, Massachusetts

In August 2005, Paulo Rezende
took out two loans from Aegis Funding Corporation ("Aegis") to
refinance his mortgage on property in Everett, Massachusetts.
Rezende executed mortgages identifying Mortgage Electronic
Registration Systems, Inc. ("MERS") as the mortgagee, "solely as
nominee" for Aegis and its successors and assigns. In June 2010,
MERS assigned one of the mortgag... More...
   $0 (08-31-2017 - MA)

UNITED STATES OF AMERICA v. SIREWL COX

MoreLaw Performance Internet Marketing
Completely Free Marketing If It Does Not Work


We provide here only a brief synopsis of the essential
facts of this case, reserving additional detail for the analysis
that follows.<... More...
   $0 (03-21-2017 - MA)

Brissette v. Ryan

After a Superior Court trial in this legal
malpractice case, a jury found that the primary defendant,
Edward J. Ryan, Jr., was negligent in his representation of the
plaintiff, Marie D. Brissette, and awarded damages to her in the
amount of $100,000 against Ryan and his law firm, Ryan,
Boudreau, Randall, Kirkpatrick & Baker, LLP (law firm)
(collectively, defendants).2 ... More...
   $0 (10-31-2015 - MA)

Bank of America, N.A. v. Diamond Financial, LLC

We review the relevant undisputed facts.
Milton J. Miranda and Solange D. Miranda purchased a property in
Shrewsbury on July 31, 2002. The purchase was financed for the
most part with a mortgage loan from Moneyone Corporation. On
August 24, 2004, the Mirandas refinanced with a $336,150
mortgage loan from Argent Mortgage Company, LLC (Argent).3 This
mortgage was r... More...
   $0 (10-20-2015 - MA)

Coghlin Electrical Contractors, Inc. v. Gilbane Building Co

This case requires us to resolve three issues
regarding a public construction contract that implements the
construction management at risk delivery method, pursuant to
G. L. c. 149A: (1) Does the owner who furnishes the plans and
specifications in a public construction management at risk
project give an implied warranty of their sufficiency for the
purpose intended,... More...
   $0 (09-02-2015 - MA)

Laura Sheedy v. Deutsche Bank National Trust Company

This case involves an attempt
by a Chapter 13 debtor to avoid foreclosure on her residential
mortgage through a lender liability suit in an adversary proceeding
within her bankruptcy case. Agreeing with the bankruptcy court, we
find all claims to be either time-barred or without merit, and
therefore affirm its grant of summary judgment in favor of the
creditors.
I. Back... More...
   $0 (09-01-2015 - MA)

First Bostonview Management, LLC v. Bostonview Corporation

The plaintiff, First Bostonview Management, LLC (First Bostonview), appeals from the judgment entered pursuant to Mass.R.Civ.P. 54(b), 365 Mass. 821 (1974), after the allowance of the summary judgment motion by the defendant, Bostonview Corporation (Bostonview), a charitable corporation, on First Bostonview's claims stemming from its attempt to purchase substantially all of Bostonview's real prope... More...   $0 (08-24-2015 - MA)

Murphy v. Wachovia Bank of Delaware, N.A.

This case concerns the proper distribution of
surplus funds after a foreclosure sale initiated and conducted
by the holder of a second mortgage. After a jury-waived trial,
1 Of the bankruptcy estate of Nigel Thorpe.
2 John A. Dunnery, in his capacity as vice-president of Wachovia Bank.
2
a judge of the Superior Court ruled that defendant Wa... More...
   $0 (08-13-2015 - MA)

Wessell v. Mink Brook Associates, Inc

This case involves a dispute between an
employee and her former employer regarding unpaid wages. The
plaintiff, Mary Ellen Wessell, successfully sued Mink Brook
1 Robert C. Stone.
2
Associates, Inc. (Mink Brook), and owner Robert C. Stone under
the Wage Act for lost wages and retaliatory discharge after
Stone refused to issue her a paychec... More...
   $0 (08-05-2015 - MA)

In Re: Alvaro M. Pereira

The outcome of this federal
bankruptcy case turns on interpretations of two different state
statutes, each of which concerns defects in real estate titles.
In time, those interpretations may affect considerable numbers of
Massachusetts foreclosure proceedings. In this case, those
interpretations affect who will benefit from the estate's real
property assets: a bank, or the ... More...
   $0 (06-26-2015 - MA)

United States of America v. Michael Levitis

New York, NY - Preet Bharara, the United States Attorney for the Southern District of New York, announced that MICHAEL LEVITIS, the owner of MISSION SETTLEMENT AGENCY (“MISSION”), was sentenced in Manhattan federal court to 108 months in prison in connection with a multimillion-dollar scheme that victimized more than 1,200 financially struggling people across the country. MISSION was also sent... More...   $0 (11-19-2014 - MA)

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)

Rhonda G. Miller v. U.S. Bank, N.A.

Following the 2011 foreclosure on her home, plaintiff Rhonda Mills filed this suit against defendants U.S. Bank, N.A. ("U.S. Bank"), OneWest Bank, F.S.B. ("OneWest"), and Mortgage Electronic Registration Systems, Inc. ("MERS"), raising a potpourri of challenges to OneWest's authority to foreclose on her property. On appeal from the district court's dismissal of her suit for failure to state a clai... More...   $0 (05-27-2014 - MA)

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)

HSBC Realty Credit Corporation (USA) v. J.Brian O'Neill

Today's case — a diversity suit governed, the parties agree, by Massachusetts substantive law — arises from the efforts of plaintiff HSBC Realty Credit Corporation (USA) to recover $8.1 million from defendant J. Brian O'Neill under a guaranty. A district judge struck O'Neill's defenses, dismissed his counterclaims, denied him leave to replead, and granted HSBC judgment on the pleadings. O'Neil... More...   $0 (02-07-2014 - MA)

Robert Smith v. Dorchester Real Estate, Inc.

This case arises out of a fraudulent real estate mortgage scheme that involved inducing a schizophrenic trash collector into acting as a straw buyer for two overvalued residential properties in Massachusetts. That person, Robert Smith, sued various entities and individuals involved in the transactions, including the mortgage lenders, mortgage brokers, real estate brokers, and closing agents. A ju... More...   $0 (10-16-2013 - MA)

R. Susan Woods v. Wells Fargo Bank, N.A.

There is, by now, a significant body of commentary on the housing market's most recent boom and bust. Little could we add about the development, proliferation, and ultimate collapse of the mortgage-backed securities market that has not already been said. Writing against that background, we recite here only the most relevant aspects of the market's recent instability. At its height, the boom was fa... More...   $0 (10-09-2013 - MA)

Stanley Kolbe v. BAC Home Loans Servicing, L.P.

This is a contract dispute over the terms of a mortgage contract between the borrower, plaintiff-appellant Stanley Kolbe, and the servicer of his loan, defendant-appellee BAC Home Loans Servicing, LP ("BAC" or "the Bank"). Kolbe sued the Bank in a putative class action for damages alleged to have arisen out of the Bank's requirement that he maintain flood insurance in an amount sufficient to cover... More...   $0 (09-27-2013 - MA)

Thomas A. Toye III v. David O'Donnell

David O'Donnell wants what every debtor in bankruptcy wants — a fresh start. You see, a debtor generally gets a discharge from debts owed at the time he files his bankruptcy petition. See 11 U.S.C. § 727(b). But this fresh-start opportunity is only for "the honest but unfortunate debtor." Grogan v. Garner, 498 U.S. 279, 286-87 (1991) (internal quotation marks omitted). And that is why Congress ... More...   $0 (08-26-2013 - MA)

Edimara Demelo v. U.S. Bank National Association

The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), Pub. L. No. 101-73, 103 Stat. 183 (codified as amended in scattered sections of 12 U.S.C.), gives federal regulators a customized set of tools with which to ease the disruption often attendant to bank failures. When federal regulators step in, however, parties in interest ignore FIRREA-imposed requirements at their ... More...   $0 (08-16-2013 - MA)

Fidelity Co-Operative Bank v. Nova Casualty Company

Plaintiff-Appellant Fidelity Co-operative Bank ("Fidelity"), individually and as assignee of Matthew and Sondra Knowles ("the Knowles"), appeals the granting of summary judgment to Defendant-Appellee Nova Casualty Company ("Nova"), after the district court determined that an all-risk insurance policy neither covered water damage caused to an apartment building during a tropical storm nor any resul... More...   $0 (08-07-2013 - MA)

Rev. Fr. Emmanuel Lemelson v. U.S. Bank National Association

Petitioners Gregory and Anjeza Lemelson filed this action under the Massachusetts try title statute, Mass. Gen. Laws ch. 240, §§ 1-5, seeking an order invalidating a March 2011 assignment of the mortgage loan on their Southborough, Massachusetts home to defendant U.S. Bank National Association ("U.S. Bank"), and enjoining U.S. Bank from commencing foreclosure proceedings pursuant to that assignm... More...   $0 (07-02-2013 - MA)

Susan K. Young v. Wells Fargo Bank

In an attempt to avert the foreclosure of her home, plaintiff Susan Young sought to modify the terms of her mortgage pursuant to the Home Affordable Modification Program ("HAMP"), a federal initiative that incentivizes lenders and loan servicers to offer loan modifications to eligible homeowners. When Young's efforts did not result in a permanent loan modification, she sued defendants Wells Fargo... More...   $0 (05-21-2013 - MA)

United States of America v. Ralph Appolon

Appellant Ralph Appolon was charged with one count of conspiring to commit wire fraud in violation of 18 U.S.C. § 371 and four counts of committing wire fraud in violation of 18 U.S.C. § 1343. These charges arose out of his connection to a mortgage fraud scheme. After a lengthy jury trial, Ralph Footnote was found guilty of all charges against him, and was sentenced to a term of imprisonment fo... More...   $0 (04-29-2013 - MA)

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