|
Defendant
|
Plaintiff
|
Court
|
Amount
|
Overview
|
Case Title
|
Case Number
|
Date Filed |
Date of Activity |
Link to Story |
| 21st Mortgage Corporation Inc. |
na |
The Court of Appeals of Texas, Fifth District |
na |
Appeals court overturned a trial court’s judgment that found 21st Mortgage Corporation Inc. had no lien on a property |
na |
na |
an |
8/3/2011 |
www.mortgagedaily.com/LitigationTitle100911 |
| Carlo Casarano, trustee |
JPMorgan Chase & Co. Inc. |
Appeals Court of Massachusetts) |
$15,443 |
Appeal filed in case where second lienholder’s note was lost. |
JPMORGAN CHASE & CO., INC., & another v. Carlo CASARANO, trustee |
11-P-622 |
na |
12/6/2011 |
www.mortgagedaily.com/LitigationTitle031712 |
| Ramiro and Delia Guerrero Jr. |
JPMorgan Chase & Co. |
U.S. District Court in San Antonio, Texas |
$86,750 |
Settlement reached. Plaintiff erroneously recorded a lien release in February 2002. |
na |
na |
9/16/2011 |
na |
www.mortgagedaily.com/LitigationTitle122711 |
| Steven M. Reiley, Sabrina L. Reiley and M&M Construction, LLC, |
The Mortgage Electronic Registration Systems Inc. |
Court of Appeals of Wisconsin, District II |
$180,000 |
Defendant’s appeal granted and previous ruling reversed |
Mortgage Electronic Registration Systems, Inc., as nominee for New Century Mortgage Corporation, Plaintiff-Respondent, v. Steven M. Reiley, Sabrina L. Reiley and M&M Construction, LLC, Defendants, Solutions Properties, Inc., Defendant-Appellant |
2010AP2336 |
na |
7/26/2011 |
www.mortgagedaily.com/LitigationTitle100911 |
| First Horizon Loans and MERS |
Robert A. Ong, Donna L. Ong, Charles O. Zebley, Jr. |
U.S. Bankruptcy Court, W.D. Pennsylvania |
na |
Bankruptcy trustees motions for summary judgment into motions for summary judgment. |
In re: ROBERT A. ONG and DONNA L. ONG, Chapter 7, Debtors. Charles O. Zebley, Jr., Trustee/Plaintiff, v. First Horizon Loans, a division of First Tennessee Bank, N.A. and Mortgage Electronic Registration Systems, Inc., Defendants |
Bankruptcy No. 11-20954-BM, Adversary No. 11-2266-BM., 11-2267-BM |
na |
10/28/2011 |
www.mortgagedaily.com/LitigationTitle122711 |
| na |
Michael Fisette |
8th Circuit Court of Appeals |
$347,000 |
Bankruptcy judge decision not to allow 2nd lien to be stripped in Chapter 13 plan overturned by appellate panel. That decision is being appealed. |
na |
na |
2010 |
na |
www.mortgagedaily.com/MctChpt13Bk111411 |
| Alex Soria, Sonia Rodis, and Hans Johns |
State of Nevada |
na |
na |
Defendants arrested and charged with operating a mortgage scam that preyed on elderly and distressed borrowers |
na |
na |
10/27/2011 |
na |
www.mortgagedaily.com/LitigationForeclosureFirms112111 |
| Gregory T. Smith, Roger Saunders |
na |
na |
$2,165,043 |
Smith was sentenced to 30 months in prison for fraudulent loan documents, forging signatures, and falsifying title insurance policies. Saunders entered guilty plea. |
na |
na |
na |
9/22/2011 |
www.mortgagedaily.com/LitigationCriminal103111 |
| New Millennium Title Group LLC, Frank Griebenow and Debra Stark |
River City Mortgage & Financial LLC |
Court of Appeals of Minnesota |
|
Dismissal reversed and remanded. Appellant alleged that respondents acted in a joint capacity with defendants to defraud or mislead appellant into sending money to defendants, rather than to respondents, thus permitting defendants to embezzle the funds and deny appellant its sought-after title insurance policy |
River City Mortgage & Financial, LLC, Appellant, v. Old Republic National Title Insurance Company, et al., Defendants, New Millennium Title Group, LLC, et al., Respondents |
A11-681 |
na |
12/12/2011 |
www.mortgagedaily.com/LitigationTitle122711 |
| Bank of America Corp.; Citibank, N.A., and CitiMortgage Inc.; GMAC Mortgage LLC; JPMorgan Chase Bank, N.A.; MERS and parent MERSCORP Inc.; and Wells Fargo Bank, N.A. |
Commonwealth of Massachusetts |
Superior Court Department of the Trial Court, Suffolk County |
na |
Complaint filed. Defendant accused of using fraudulent documents in the foreclosure process, filing foreclosures without having title to the loans and skirting state recording requirements and fees by utilizing MERS. Also at issue is their handling of loan modifications. |
Commonwealth of Massachusetts, Plaintiff, V. BANK OF AMERICA, NA., BAC HOME LOANS SERVICING, LP, BAC GP, LLC, JPMORGAN CHASE BANK, N.A:, CITIBANK, NA., CITIMORTGAGE, INC., GMAC MORTGAGE, LLC, WELLS FARGO BANK, N.A., MORTGAGE ELECTRONIC REGISTRATION SYSTEK INC and MERSCORP INC., Defendants |
Civ. A No. 11-4363 |
12/1/2011 |
na |
www.mortgagedaily.com/LawsuitMassForeclosures120111 |
| Mortgage Electronic Registration Systems |
Duval County Clerk of Court Jim Fuller |
na |
na |
Class action certification sought in case alleging unlawful scheme. |
na |
na |
10/31/2011 |
na |
www.mortgagedaily.com/MctLawsuitMers111111 |
| Janelle Gabay |
HSBC Bank USA, N.A. |
Supreme Judicial Court of Maine |
na |
Defendant’s appeal granted due to genuine issues of material fact |
HSBC BANK USA, N.A., AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2005, FREMONT HOME LOAN TRUST 2005-E, v. JANELLE GABAY |
Cum-10-581 |
na |
9/15/2011 |
www.mortgagedaily.com/LitigationTitle100911 |
| Deutsche Bank National Trust Co. |
Mike Austin |
Court of Appeals of Arkansas |
$40,732 |
Appeals court ruled in favor of defendant because plaintiff failed to timely plead a claim for unjust enrichment and it had a superior interest and it wasn’t unjustly enriched because of the repairs. |
na |
na |
na |
na |
www.mortgagedaily.com/LitigationTitle100911 |
| American Home Mortgage Service Inc. |
Sherrita Richardson Harris |
Jackson County Circuit Court |
na |
Complaint filed in case where deal reached for borrower to acquire home, but public notices still filed by servicer which cant’ find note. Trial set for Dec. 19. |
na |
na |
4-Oct |
na |
www.mortgagedaily.com/MctLawsuitAmericanHome100611 |
| Anna M. Miller |
RMS Residential Properties, LLC |
Connecticut Supreme Court |
na |
The defendant alleged that MERS could not be named as mortgagee since it wasn’t the original lender or the party secured by the mortgage and asked the court to declare the MERS mortgage to be void. But the court ruled that plaintiff did have standing to foreclose. |
RMS Residential Properties, LLC v. Anna M. Miller et al |
na |
na |
Dec. 2011 |
www.mortgagedaily.com/LitigationForeclosures122811 |
| Assurity Financial Services |
Peirce |
U.S. District Court for the District of Oregon |
na |
Court found that under Oregon law, MERS can serve as the beneficiary under the deed of trust. Mosman rejected the plaintiff’s wrongful foreclosure claims. |
Peirce v. Assurity Financial Services |
na |
na |
Dec. 2011 |
www.mortgagedaily.com/LitigationTitle122711 |
| Aurora Loan Services |
David Kiah |
U.S. Court of Appeals for the First Circuit |
na |
Ruling in favor of MERS. |
David Kiah, Plaintiff, Appellant, v. Aurora Loan Services LLC, et al, Defendants, Appellees |
11-1010 |
na |
12/13/2011 |
www.mortgagedaily.com/LitigationTitle031712www.mortgagedaily.com/LitigationTitle031712 |
| Avelo Mortgage |
Holland |
Court of Appeals of California, First District, Division One |
na |
The complaint alleged that MERS was not a true beneficiary and could not assign its interest in the deed of trust to the defendant. The plaintiff sought to eliminate defendant’s authority to foreclose. Court ruled in favor of defendant. |
Holland v. Avelo Mortgage |
na |
na |
12/23/2011 |
www.mortgagedaily.com/LitigationTitle122711 |
| BAC Home Loans |
Malikyar |
U.S. District Court for the Eastern District of Texas |
na |
Court affirmed MERS’ role as mortgagee in a Nov. 18 decision to dismiss the case Malikyar v. BAC Home Loans with prejudice. |
Malikyar v. BAC Home Loans |
na |
na |
11/18/2011 |
www.mortgagedaily.com/LitigationForeclosures122811 |
| Bank of New York Mellon Trust Co. |
Joshua R. Dow |
State of New Hampshire Superior Court |
na |
Ex parte petition filed to enjoin foreclosure. |
Joshua R. Dow V. Bank of New York Mellon Trust Co. |
218-2011-CV-1297 |
10/18/2011 |
na |
www.mortgagedaily.com/LitigationTitle031712www.mortgagedaily.com/LitigationTitle031712 |
| Chase |
National City Mortgage Co. |
U.S. Court of Appeals, Third Circuit |
na |
Plaintiff failed to notify junior lien holderabout impending foreclosure sale and had sale set aside, which was reversed. An appeals court vacated reversal. |
na |
na |
na |
na |
www.mortgagedaily.com/LitigationTitle100911 |
| Countrywide Home Loans Inc. |
Gomes |
U.S. Supreme Court |
na |
Writ of certiorari was denied by Supreme Court |
Gomes v. Countrywide Home Loans Inc. |
D057005 |
na |
11-Oct |
www.mortgagedaily.com/LitigationForeclosures110911 |
| Ducat and MERS |
Philip |
U.S. District Court for the Northern District of Georgia |
na |
Court found that MERS can hold the security deed as nominee for the lender and assign the security deed to a third party. |
Philip v. Ducat and MERS |
na |
na |
12/13/2011 |
www.mortgagedaily.com/LitigationTitle122711 |
| Fannie Mae |
Smith |
U.S. District Court for the Northern District of Texas |
na |
Court rejected the plaintiffs’ arguments that challenged the validity of the MERS deed of trust assignment |
Smith v. Fannie Mae et al |
Case 3:11-cv-02032-F |
na |
10/5/2011 |
www.mortgagedaily.com/LitigationTitle100911 |
| GINNIFER GEE |
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ETC. |
District Court of Appeal of Florida, Fifth District |
na |
Plaintiff claimed that defendant lacked standing to bring the foreclosure action, and the summary judgment was entered on grounds that were not raised in the summary judgment motion. Appeals court reversed the summary judgment and remanded the case. |
GINNIFER GEE, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ETC., Appellee |
5D10-1687 |
na |
9/30/2011 |
www.mortgagedaily.com/LitigationForeclosures110911 |
| Goodrich |
Fannie Mae |
Oregon Circuit Court for Jackson County |
na |
Eviction action dismissed. |
Fannie Mae v. Goodrich |
na |
na |
12/7/2011 |
www.mortgagedaily.com/LitigationForeclosures020312www.mortgagedaily.com/LitigationForeclosures020312 |
| Homeowners Association for Matthew Valencia |
Security Bank, N.A. |
District Court of Appeal of Florida, Third District |
na |
Appeals court reversed motion to set aside foreclosure because it was filed too late. |
FNS4, LLC, Appellant, v. Security Bank, N.A., Appellee |
3D10-2553 |
na |
10/12/2011 |
www.mortgagedaily.com/LitigationForeclosures110911 |
| HSBC Bank USA |
na |
New York State Supreme Court |
$10,000 |
Defendant was fined for “frivolous conduct” in trying to seize a home without proper paperwork. |
na |
na |
na |
na |
www.mortgagedaily.com/MctForeclosuresHsbcNy122811 |
| James M. Perry |
Fannie Mae |
Shelby Circuit Court, Court of Civil Appeals of Alabama |
na |
Appeals court found that Fannie failed to establish by admissible evidence that servicer was note holderand reversed decision. |
James M. Perry, v. Federal National Mortgage Association |
2100235 |
na |
12/30/2011 |
www.mortgagedaily.com/LitigationForeclosures020312www.mortgagedaily.com/LitigationForeclosures020312 |
| LSI Title Company of Oregon LLC |
Donessa L. Horsewood |
U.S. District Court for the District of Oregon |
na |
Federal court affirmed validity of MERS as the beneficiary of the deed of trust and dismissed the plaintiff’s wrongful foreclosure complaint. |
Donessa L. Horsewood, Plaintiff, v. LSI Title Company of Oregon, LLC, et al., Defendants |
3:11-cv-00335-MO |
na |
12/29/2011 |
www.mortgagedaily.com/LitigationTitle031712www.mortgagedaily.com/LitigationTitle031712 |
| MERS |
State of Delaware |
na |
na |
Defendant said it was surprised by the lawsuit, and it cooperated in good faith with the Delaware attorney general’s office and complied with requests for information under a subpoena issued earlier this year. |
na |
na |
na |
na |
www.mortgagedaily.com/LitigationTitle122711 |
| MERSCORP |
Miller |
U.S. District Court for the District of Nevada |
na |
Court found that a deed of trust naming MERS as mortgagee is valid in Nevada. She found that the defendants followed proper non-judicial foreclosure procedures and determined that securitization of a loan does not invalidate the deed of trust or require a judicial foreclosure. |
Miller v. MERSCORP Inc. |
na |
na |
12/5/2011 |
www.mortgagedaily.com/LitigationTitle122711 |
| Messner |
Bank of New York Trust Co. |
Michigan Supreme Court |
na |
Supreme court reversed the appeals court’s decision and confirmed MERS’ ability to perform non-judicial foreclosures by advertisement versus a court-supervised foreclosure |
Bank of New York Trust Co. v. Messner |
143179 |
na |
na |
www.mortgagedaily.com/LitigationForeclosures122811 |
| Mortgage Electronic Registration Systems Inc |
Delaware Attorney General Beau Biden |
Delaware Chancery Court |
na |
Complaint filed alleging MERS not authorized to file foreclosures, doesn’t adequately maintain its database and wrongly uses the employees of its members to operate |
na |
na |
10/27/2011 |
na |
www.mortgagedaily.com/LawsuitMers102711 |
| Mortgage Electronic Registration Systems Inc. |
multi |
U.S. District Court for the District of Arizona |
na |
Court dismissed with prejudice 72 cases against MERS in multi-district consolidated litigation that alleged various violations of Arizona, Nevada, Oregon and South Carolina laws |
IN RE Mortgage Electronic Registration Systems (MERS) Litigation |
2:09-md-02119-JAT |
na |
na |
www.mortgagedaily.com/LitigationTitle100911 |
| Mortgage Electronic Registration Systems Inc. |
Sandra Graves |
Supreme Court of Virginia |
na |
Borrower’s petition for appeal rejected. |
Sandra Graves, Appellant, against Mortgage Electronic Registration Systems, Inc., Appellee. |
CL-2010-17101 |
na |
12/20/2011 |
www.mortgagedaily.com/LitigationTitle031712www.mortgagedaily.com/LitigationTitle031712 |
| MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. |
COMMONWEALTH PROPERTY ADVOCATES, LLC, |
U.S. Court of Appeals for the 10th Circuit, U.S. District Court for the District of Utah |
na |
MERS system affirmed. |
COMMONWEALTH PROPERTY ADVOCATES, LLC, Plaintiff-Appellant, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Defendant-Appellee |
833759 |
na |
12/23/2011 |
www.mortgagedaily.com/LitigationTitle031712www.mortgagedaily.com/LitigationTitle031712, www.mortgagedaily.com/LitigationForeclosures020312 |
| na |
Wells Fargo Bank, N.A. |
na |
na |
Wells missed certified letter from Allen County, Ind., indicating a notice of the right of redemption, prior to a tax deed issuance. Objection rejected. |
na |
na |
na |
na |
www.mortgagedaily.com/LitigationTitle122711 |
| Rodger and Lina Duke |
HSBC Mortgage Services Inc. |
District Court of Appeal of Florida, Fourth District |
na |
Summary judgment reversed because genuine issues of material fact remain in dispute about who the owner and holder of the note and mortgage was when the complaint was filed. Defendants argued that at the time the foreclosure complaint was filed, the mortgage was held by First NLC, not HSBC — which didn’t include proof it owned the loan with its complaint. |
RODGER and LINA DUKE, Appellants, v. HSBC MORTGAGE SERVICES, LLC, Appellee |
4D09-5183 |
na |
11/23/2011 |
www.mortgagedaily.com/LitigationForeclosures122811 |
| RUSCO COMPANY |
AMERICAN HOME MORTGAGE CORPORATION, and its assigns; AMERICAN HOME MORTGAGE SERVICING, INC., as Servicer for the Master Adjustable Rate Mortgages Trust 2007-1 |
U.S. Court of Appeals, Fifth Circuit |
$2,000,000 |
Previous decision reversed; ruled in favor of plaintiff. |
AMERICAN HOME MORTGAGE CORPORATION, and its assigns; AMERICAN HOME MORTGAGE SERVICING, INC., as Servicer for the Master Adjustable Rate Mortgages Trust 2007-1, Plaintiffs-Appellants, v. RUSCO COMPANY, Defendant-Appellee |
10-11190 |
na |
na |
www.mortgagedaily.com/LitigationTitle100911 |
| Saxon Mortgage Inc. |
Vasquez |
Arizona Supreme Court |
na |
Court decided that mortgage lenders are not required to record an assignment before publishing a notice of trustee’s sale. Securitization trustee Deutsche Bank National Trust Co. moved for stay relief after Vasquez filed for bankruptcy protection, but Vasquez opposed the stay and argued that Deutsche was not the named beneficiary under the deed of trust when the trustee’s sale was initiated. |
Vasquez v. Saxon Mortgage Inc |
CV-11-0091-CQ |
na |
11/18/2011 |
www.mortgagedaily.com/LitigationTitle122711 |
| Southern Security Federal Credit Union |
ABN AMRO Mortgage Group Inc. |
Court of Appeals of Tennessee, at Jackson |
$197,165 |
Appeals court affirmed trial court decision that ABN AMRO’s lien was superior despite an error with the lot number on the trust deed. |
ABN AMRO MORTGAGE GROUP INC. v. SOUTHERN SECURITY FEDERAL CREDIT UNION |
W2011-00693-COA-R3-CV |
na |
11/17/2011 |
www.mortgagedaily.com/LitigationTitle122711 |
| U.S. Bank, N.A., as trustee of Mastr Adjustable Rate Mortgages Trust 2007-3 |
Julia Feltus |
District Court of Appeal of Florida, Second District |
na |
Appeals court ruled in favor of plaintiff. Plaintiff successfully argued that it wasn’t clear which entity held the promissory note at the time the summary judgment was entered. |
na |
na |
na |
na |
www.mortgagedaily.com/LitigationTitle122711 |
| Francis Bevilacqua from U.S. Bank, N.A. |
na |
Massachusetts Supreme Judicial Court |
na |
Court found that a real-estate-owned property in Boston acquired by defendant was sold even though the bank didn’t hold a valid mortgage. But the court will still let defendant foreclose on the prior owner. |
na |
na |
na |
na |
www.mortgagedaily.com/LitigationForeclosures110911 |
| Investors Savings Bank |
Keybank, N.A. |
Superior Court of New Jersey, Appellate Division |
$1,338,750 |
Judgment awarded to plaintiff in lawsuit against fraudulent borrower just before borrower refinanced loan with defendant. Appeal filed. |
INVESTORS SAVINGS BANK, Plaintiff-Respondent, v. KEYBANK NATIONAL ASSOCIATION, Defendant-Appellant, and DENIS KELLIHER, Defendant |
A-0404-10T2 |
na |
10/31/2011 |
www.mortgagedaily.com/LitigationTitle031712 |
| Wachovia Mortgage Corporation |
Vaca |
California Court of Appeal |
na |
Case dismissal affirmed by appeals court. Wife claimed ex-spouse used fraud to qualifty for a loan. |
Vaca v. Wachovia Mortgage Corporation |
Cal.Rptr.3d —-, 2011 WL 3659938 |
na |
na |
www.mortgagedaily.com/LitigationTitle100911 |
