Mortgage Daily

Published On: January 26, 2011
Title Lawsuits
Second-Quarter 2011 Mortgage Litigation Index
Litigation tied to property title and title insurance claims.

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Field Story URL Link
Titleserve Inc. Prospect Mortgage n/a $380,000 Lawsuit alleges Prospect clients Jeanne and Tom Atzl of took out a $380,000 mortgage on their home in March to pay off a higher-interest loan on their investment property, but Titleserv has not transferred the money. n/a n/a n/a www.mortgagedaily.com/MctLawsuitProspect062311.asp
Craig Olive, Registrar of Deeds, for Johnson County, NC Wells Fargo n/a $10,000 Wells Fargo alleges that Olive’s office mispelled a homeowner’s last name when registering her deed of trust, causing Wells Fargo’s claim in the homeowner’s bankruptcy to be considered unsecured. n/a n/a n/a www.mortgagedaily.com/MctLawsuitWells060111.asp
Citifinancial Mortgage CO. Patrick Cogswell, Patrick O’Flaherty United States Court of Appeals for the Seventh Circuit n/a 7th Circuit reverses lower court’s dismissal of suit alleging failure to deliver loan documentation (the note) prohibited proper foreclosure proceedings by plaintiffs. Cogsell et al. v. Citifinancial Mortgage Co. No. 08-2153 10/15/10 www.mortgagedaily.com/litigationsecondary051111.asp
Pablo Rodrigeuz Francis. J. Bevilacqua, III Supreme Judicial Court for Massachusetts n/a The plaintiff asked the court to validate his ownership of property that had been foreclosed upon by US Bank even though US Bank did not have title to the property. Bevilacqua v. Rodriguez SJC-10880 n/a www.mortgagedaily.com/LitigationForeclosures052411.asp
n/a U.S. Bancorp n/a n/a Mortgage Bankers Association files friend-of-the-court brief with Massachusetts Supreme Judicial Court. n/a n/a n/a www.mortgagedaily.com/LitigationForeclosures052411.asp
Old Republic Title Insurance Co. Wells Fargo, N.A. United States Court of Appeals for the Fourth Circuit na Wells Fargo appeals decision denying recovery from title insurer for loss on bad loans purchased from Financial Mortgage co (loan originator). Loans purchased by Wells were not properly recorded nor free from prior liens. Fourth Circuit affirmed district court ruling denying recovery to Wells Fargo Wells Fargo, N.A. v. Old Republic Title Ins. Co. 10-187 01/21/10 www.mortgagedaily.com/litigationsecondary051111.asp
Q1 2011 Title Lawsuits

4th quarter 2010 Title Lawsuits

3rd quarter 2010 Title Lawsuits

2nd quarter 2010 Title Lawsuits

1st quarter 2010 Title Lawsuits

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