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Foreclosure Law
 
United States of America v. George G. Larsen Eastern District of California Federal Courthouse - Sacramento, California

Sacramento, CA - Member of Nevada City-Based Conspiracy Sentenced to 10 Years in Prison for Multimillion Dollar Bank and Title Fraud Scheme

George B. Larsen, 56, formerly of San Rafael, was sentenced to 10 years and one month in prison and ordered to pay $1,759,100 in restitution for his role in a fraudulent mortgage elimination scheme.

On December 6, 2017, Larsen was convicted ... More...
   $0 (08-19-2018 - CA)

James Tepper, Allison Tepper v. Amos Financial, LLC Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Many would gladly pay Tuesday for a hamburger
today. Of course, not all of those who fall into debt make
payments timely, and debt collection has become a
professional trade. The Fair Debt Collection Practices Act
(the “FDCPA” or “Act”), 15 U.S.C. § 1692, et seq., regulates
their efforts. Under it, debt collectors are prohibited from
engaging in deceptive, abusive, or other... More...
   $0 (08-13-2018 - Pa)

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)

Cecil Daughtrey Jr. and Patricia A. Daughtrey v. Luis E. Rivera, II Middle District of Florida Federal Courthouse - Tampa, Florida

In this case, Cecil and Patricia Daughtrey filed a Chapter 7 bankruptcy petition for the sole purpose of preventing the sale of their property in a public auction to be held pursuant to a state court judgment that foreclosed the mortgage on the property. After the public auction was automatically stayed under 11 U.S.C. § 362(a), the trustee of the bankruptcy estate and the judgment creditor, 72 Pa... More...   $0 (07-31-2018 - FL)

Meryl Squires-Cannon, et al. v. Forest Preserve District of Cook County, et al. Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The Forest Preserve District of Cook County, Illinois, has been trying to acquire a 400-acre estate in Barrington after the owners defaulted on a mortgage and note held by the Forest Preserve. The Forest Preserve foreclosed and then bought the property at the foreclosure auction. The original owners have expressed their opposition by filing five lawsuits of their own, in addition to raising af-fir... More...   $0 (07-26-2018 - IL)

Linda S. Isaacs v. DBI-ASG Coinvestor Fund, III, LLC Western District of Kentucky Federal Courthouse - Paducah, Kentucky

Debtor Linda Isaacs filed for Chapter 13 bankruptcy and brought an adversary action seeking to invalidate a mortgage lien on her home, and to stop the sale of the home pursuant to a Kentucky state-court foreclosure judgment. The adversary complaint sought to avoid the mortgage—as unperfected because the mortgage was never validly recorded—under the strong-arm provision of the bankruptcy code. Afte... More...   $0 (07-26-2018 - KY)

Lea Augustin v. City of Philadelphia Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This case involves a group of landlords who object to the system of liens used by the City of Philadelphia to collect unpaid gas bills. The District Court certified a class and held that the City had violated the landlords’ rights under the Due Process Clause of the Fourteenth Amendment. The City filed this appeal, arguing that its procedures for collecting gas debts are constitutional. We agree w... More...   $0 (07-23-2018 - PA)

UNITED STATES OF AMERICA v. WALLACE DIXON COX; LISA COX

The U.S. government brought a civil in rem forfeiture action against the Coxes as a result of their involvement in illegal gambling and money laundering operations, seeking disgorgement of “property constituting or derived from proceeds traceable to violations of 18 U.S.C. §§ 1955 and 1956.” S.A. 6‒7.1 In December 2010, the Coxes reached a settlement agreement with the government in wh... More...   $0 (07-22-2018 - NC)

JEFFREY MORRIS vs MGZ PROPERTIES, LLC., et al. MoreLaw Performance Marketing If It Does Not Work, It Is Free!

Does the word “sale” mean any sale? The appellees insist it does not, at least not when the parties did not contemplate a specific form of a sale when they signed the contract. However, because this contract is clear and unambiguous, and not susceptible to multiple meanings, we conclude it must be applied as written and reverse the circuit court’s judgment.

The contract at issue state... More...
   $0 (07-21-2018 - FL)

United States of America v. Momoud Aref Abaji United States District Court for the Southern District of California - Santa Ana, California

Santa Ana, CA - Orange County Man Sentenced to 108 Months in Federal Prison in $21 Million ‘Builder Bailout’ Fraud Scheme

An Orange County man was sentenced to federal prison for his leadership role in a “builder bailout” mortgage fraud scheme.

Momoud Aref Abaji, 37, of Huntington Beach, was sentenced to 108 months in prison by United States District Judge Andrew Guilfo... More...
   $0 (07-19-2018 - CA)

Thomas J. Litterer v. Rushmore Loan Management Services, LLC District of Minnesota Federal Courthouse - Minneapolis, Minnesota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This appeal arises from a foreclosure on the home of Thomas and Mary Litterer
in Burnsville, Minnesota. The home was sold at a sheriff’s sale to U.S. Bank, the
mortgage owner, in November 2014. The redemption period—that is, the period
during which the Litterers could pay off their debt and “redeem” their
property—expired on March 1, 2015. On March 2, the Litterers sued their loan<... More...
   $0 (07-12-2018 - MN)

Christina Felts v. Wells Fargo Bank, N.A. Middle District of Florida Federal Courthouse - Tampa, Florida

Christina Felts appeals from an order granting summary judgment in favor of her mortgage servicer, Wells Fargo Bank, N.A. (“Wells Fargo”), with respect to Felts’ claim that Wells Fargo failed to conduct a reasonable investigation into the accuracy of its credit reporting of her mortgage loan, in violation of the Fair Credit Reporting Act (“the FCRA” or “the Act”), 15 U.S.C. § 1681 et seq. The dist... More...   $0 (06-27-2018 - FL)

Martha A. McNair v. Maxwell & Morgan, P.C., et al. District of Arizona Federal Courthouse - Phoenix, Arizona

Plaintiff Martha McNair appeals the district court’s grant of Defendant’s summary judgment motion in her action under the Fair Debt Collection Practices Act (“FDCPA” or the “Act”) and its denial of McNair’s motion for partial summary judgment. McNair’s complaint alleged that Defendants, including the law firm Maxwell & Morgan P.C., violated the FDCPA in their efforts to collect unpaid homeowner as... More...   $0 (06-27-2018 - AZ)

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)

United States of America v. Stuart Hankin United States District Court for the Southern District of Florida - Miami, Florida

Miami, FL - Real Estate Investor Pleads Guilty to Rigging Bids at Online Foreclosure Auctions

First Guilty Plea Involving Foreclosure Auctions in Florida

Real estate investor Stuart Hankin pleaded guilt on June 20, 2018 for his role in a conspiracy to rig bids, in violation of antitrust law, at online public foreclosure auctions in Florida, the Department of Justice announced. H... More...
   $0 (06-20-2018 - FL)

United States of America v. Ivan Spinner Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Jackson, MS - Sixth Mississippi Real Estate Investor Pleads Guilty to Conspiring to Rig Bids at Public Foreclosure Auctions

Mississippi real estate investor Ivan Spinner became the sixth real estate investor to plead guilty in connection with the ongoing investigation into bid rigging at public real estate foreclosure auctions in Mississippi, the Department of Justice announced.

... More...
   $0 (06-19-2018 - CA)

United States of America v. Robert Farrace Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Fresno, CA - Modesto Real Estate Attorney Sentenced to Two Years in Prison for Fraudulent Short-Sale Scheme

Robert Farrace, 54, of Modesto, was sentenced on June 18, 2018 to two years in prison for a fraudulent short-sale scheme, U.S. Attorney McGregor W. Scott announced.

On November 14, 2017, a jury found Farrace guilty of three counts of wire fraud in connection with the scheme... More...
   $0 (06-18-2018 - CA)

Internal Revenue Service v. William Charles Murphy District of Maine Federal Courthouse - Portland, Maine

In this case, we need to determine
whether an employee of the Internal Revenue Service ("IRS")
"willfully violate[d]" an order from the bankruptcy court
discharging the debts of debtor-taxpayer William C. Murphy, as
that term is used in 26 U.S.C. § 7433(e). After careful
consideration, we hold that an employee of the IRS "willfully
violates" a discharge order when the emplo... More...
   $0 (06-07-2018 - ME)

Von Becelaere Ventures, LLC v. James Zenovic

James Zenovic doing business as James Zenovic Construction (Zenovic) appeals
an order denying his petition to compel arbitration in an action filed by Von Becelaere
Ventures, LLC (VBV) in San Diego County. The trial court determined Zenovic waived
his right to compel arbitration by filing a separate complaint in Orange County to
2
foreclose on a mechanics lien without complyin... More...
   $0 (06-07-2018 - CA)

James C. Mason, a/k/a Jim Mason v. Farm Credit of Southern Colorado, ACA, and Farm Credit of Southern Colorado, FLCA.

Between 2008 and 2011, Zachary Mason (“Zach”) farmed several properties in
Otero County, Colorado. During this time, Zach executed several loan agreements with
Farm Credit of Southern Colorado, ACA, and Farm Credit of Southern Colorado, FLCA
(collectively, “Farm Credit”). As part of the loan agreements, Farm Credit owned a
perfected security interest in some of Zach’s crops, ... More...
   $0 (06-05-2018 - CO)

STATE OF OHIO v. JEANNE HARRINGTON

On the morning of August 16, 2011, Harrington placed a call to the Avon Lake
Police Department to notify them that her husband had committed suicide. Upon arriving at the
marital residence, officers found the victim lying on a couch with his head wrapped in plastic.
They also found a purported suicide note that was typewritten, but signed in ink with the victim’s
name. The c... More...
   $0 (06-03-2018 - OH)

Placer Foreclosure, Inc. v. Solomon Aflalo

Placer Foreclosure, Inc., acting as trustee, conducted
a foreclosure sale of property owned by Solomon Aflalo. The
foreclosure sale resulted in surplus proceeds. When Aflalo filed a
wrongful foreclosure action against Placer and the third-party
buyer, Pro Value Properties, Inc., Placer filed a complaint in
interpleader and deposited the surplus proceeds with the court.
Plac... More...
   $0 (05-31-2018 - CA)

D.C. Randall, Jr. v. Ditech Financial, LLC

D.C. Randall, Jr., appeals from a judgment dismissing his operative second
amended complaint (complaint) against Ditech Financial, LLC (Ditech) after the trial
court sustained Ditech's demurrer to the complaint without leave to amend. Randall
2
contends the court erred in its ruling as to his causes of action for violation of the federal
Fair Debt Collection Practices Act (FDC... More...
   $0 (05-28-2018 - CA)

GranCare, LLC v. D/b/a VAle Healthcare Center v. Ruth Thrower Northern District of California Federal Courthouse - San Francisco

Defendant-Appellant GranCare LLC (“GranCare”)
removed a diversity case to federal court, arguing that the
sole non-diverse defendant, nursing home administrator
Remy Rhodes, was fraudulently joined as a defendant in
order to defeat diversity and prevent removal. The district
court remanded the case and awarded costs and attorney’s
fees to Plaintiffs pursuant to 28 U.S.C. § ... More...
   $0 (04-30-2018 - ca)

Integrated Lender Services, Inc. v. County of Los Angeles, Juan Velasquez

When a trustee sold at foreclosure property once owned by
a convicted fraudster, there were surplus proceeds. Following
statutory procedures (Civ. Code, § 2924j), the trustee deposited
the surplus funds with the trial court for determination of the
proper distribution. There were two claims to the funds: (1) the
County of Los Angeles, which had been awarded criminal
restitu... More...
   $0 (04-28-2018 - CA)

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