|
Defendant
|
Plaintiff
|
Court
|
Amount
|
Overview
|
Case Title |
Case Number
|
Date Field |
Story URLÂ Link |
| John Rutigliano; Kenneth Kiefer |
United States |
U.S. District Court for the Eastern District of New York |
$1,500,000 |
Defendants were arrested over allegations that they convinced distressed borrowers to sign over their titles, only to be swindled out of their properties. The scheme resulted in 14 borrowers losing $1.5 million. |
United States v. Rutigliano, et al. |
n/a |
n/a |
www.mortgagedaily.com/LitigationCriminal082411¿½  |
| Marshall E. Home, Margaret Elizabeth Broderick |
United States of America |
n/a |
n/a |
10-count indictment over trying to act as imposter for Fannie and Freddie and steal 28 properties. |
n/a |
n/a |
Sept. 2011 |
www.mortgagedaily.com/Fraud/PressReleaseHomeCharged090811 |
| Rosa Paiz |
U.S. Bank, N.A. |
Fourth District Court of Appeals – Florida |
n/a |
An appeals court allowed a foreclosure sale to proceed by denying a borrower’s motion to vacate the order of foreclosure. |
U.S. Bank N.A. v. Paiz |
No. 3D11-891 |
8/17/2011 |
www.mortgagedaily.com/litigationforeclosures091411 |
| Christine Kimball |
U.S. Bank National Association |
Supreme Court of Vermont |
$185,520 |
U.S. Bank lost an appeal of a summary judgment against its foreclosure of a property in Vermont. |
U.S. Bank Nat’l Association, v. Kimball |
2010-169 |
n/a |
www.mortgagedaily.com/LitigationForeclosures080311 |
| Countrywide Home Loans, Inc.; Mortgage Electronic Registration Systems, Inc.; Recon Trust Co., |
Jose Gomes |
U.S. Supreme Court |
n/a |
Appeal sought in review of the lawsuit, which challenges MERS’ ability to foreclose without proving that it had the noteholder’s authority to foreclose. |
Gomes v. Countrywide Home Loans, Inc., et al. |
11-195 |
8/17/2011 |
www.mortgagedaily.com/LawsuitAppealMers081711 |
| J.P. Morgan Chase; Chase Home Finance Corp. |
Linda Patricia Zimmerman et al. |
Palm Beach County Court |
n/a |
Suit seeking injunction against JP Morgan Chase from foreclosures based on improper documentation, faulty assignments, MERS problems, and related issues. |
Zimmerman v. JP Morgan Chase Bank NA et al. |
No. 502011CA012855XXXXMB |
8/25/2011 |
www.mortgagedaily.com/mctlawsuitchase091411 |
| Jacqueline Bethea; Constance Lawrence Mitchell; GMAC |
Deutsche Bank Nat. Trust Co., trustee |
Superior Court of New Jersey – Appellate Division |
n/a |
Foreclosure vacated because servicer initiated foreclosure one day prior to obtaining an assignment of the note. |
Deutsche Bank Nat. Trust Co., trustee, v. Bethea et al. |
No A-4925-09T3 |
8/9/2011 |
www.mortgagedaily.com/litigationforeclosures091411 |
| Lehman Brothers Bank, FSB, A Federal Savings Bank; Mortgage Electronic Registration Systems (“MERS”); Aurora Loan Services, LLC |
Anthony Bucci; Stephanie Bucci |
Rhode Island Supreme Court |
n/a |
Plaintiffs’ lawsuit challenged MERS’ to foreclose on their home. The Supreme Court of Rhode Island ruled that MERS, as mortgagee and nominee for the mortgagee, may exercise the statutory power of sale in its own name. |
Bucci v. Lehman Brothers Bank, et al. |
PC-09-3888 |
8/25/2009 |
www.mortgagedaily.com/MctForeclosuresRI082011 |
| Mortgage Electronic Registration Services, Inc.; Domestic Savings Bank; Credit Northeast; Countrywide Home Loan Servicing, LP; Bank of America, N.A.; BAC Home Loans Servicing, LP; Federal National Mortgage Association |
Robert E. Moll |
U.S. District Court for the District of Rhode Island |
n/a |
Plaintiff’s lawsuit asks the court to declare certain mortgage assignments void and to rule that he owns his property as a matter of law. Defendants filed a Motion to Dismiss his complaint in July, arguing that Moll expressly granted the mortgage interest to MERS and its successors in signing the mortgage. |
Moll v. Mortgage Electronic Registration Services, Inc., et al. |
1:2011cv00004 |
1/5/2011 |
www.mortgagedaily.com/MctForeclosuresRI082011 |
| Mortgage Electronic Registration System Inc., CitiMortgage Inc. |
Commonwealth Property Advocates |
Utah Court of Appeals |
n/a |
Appeals court affirmed summary judgment for MERS and Citi, acknowledging MERS’ authority to hold and transfer the security interest under the deed of trust. |
Commonwealth Property Advocates, LLC v. Mortgage Electronic Registration System, Inc. et al. |
20100888-CAÂ |
14-Jul |
www.mortgagedaily.com/LitigationForeclosures080311, www.mortgagedaily.com/LitigationTitle100911 |
| Moshe Mazine; Jaacov Bouskila |
M&I Bank |
District Court of Appeal of Florida, First District |
n/a |
District Court of Appeal of Florida, First District, agreed with borrowers and reversed lower court’s decision because the lender on the note was different than the plaintiff listed on the foreclosure complaint. |
Mazine et al. v. M&I Bank |
1D10-2127 |
n/a |
www.mortgagedaily.com/LitigationForeclosures080311 |
| na |
HSBC Bank USA |
U.S. Bankruptcy Court |
n/a |
Judge ruled in favor of HSBC in deciding that assignment from Mortgage Electronic Registration Systems Inc. conveyed legal title. |
n/a |
n/a |
n/a |
www.mortgagedaily.com/LitigationForeclosures080311 |
| National Default Servicing Corp.; America’s Servicing Co.; Wells Fargo Co. |
Moises Leyva |
Supreme Court of Nevada |
n/a |
The Supreme Court of Nevada ruled that the state’s Foreclosure Mediation statute applies even if the current borrower is not the original borrower, and allowed Leyva to mediate with Wells Fargo and the loan’s servicers. |
Leyva v. Nat’l Default Serv. Corp. |
55216 |
7/7/2011 |
www.mortgagedaily.com/LitigationForeclosure071111, www.mortgagedaily.com/MctForeclosureNv071111 |
| Wells Fargo Bank N.A.; Mortgage Electronic Registration Systems, Inc. |
Andrew Neilson |
U.S. District Court for the District of Oregon |
|
The court held that the MERS assignment process is acceptable. |
Neilson v. Wells Fargo Bank N.A. |
No. 3:2010cv01516 |
8/8/2011 |
www.mortgagedaily.com/litigationforeclosures091411 |
| America’s Wholesale Lender |
Harris |
Macomb County Circuit Court |
na |
Ruling in favor of MERS. |
Harris v. America’s Wholesale Lender |
Case No. 2011-0659-CH |
8-Jun |
www.mortgagedaily.com/LitigationTitle100911 |
| Bank of America |
Jon Charles Beyer and Shelley Beyer |
U.S. District Court for the District of Oregon |
na |
The court held that the MERS assignment process is acceptable. |
Beyer v. Bank of America |
Case 3:10-cv-00523-MO |
8/2/2011 |
www.mortgagedaily.com/LitigationTitle100911, www.mortgagedaily.com/litigationforeclosures091411 |
| Brooks |
Freddie Mac |
U.S. District Court for Alabama’s Eastern Division |
na |
Ruling in favor of MERS. |
Freddie Mac v. Brooks |
Case No. 3:11-cv-00313-WHA-SRW |
Aug. 22 |
www.mortgagedaily.com/LitigationTitle100911 |
| Countrywide |
Robinson |
California Appellate Court, Fourth District |
na |
Ruling in favor of MERS. |
Robinson v. Countrywide |
Super.Ct.No. RIC526427 |
Sep. 12 |
www.mortgagedaily.com/LitigationTitle100911 |
| Countrywide Home Loans Servicing |
March |
U.S. District Court in the Eastern District of Michigan Southern Division |
na |
Ruling in favor of MERS. |
March v. Countrywide Home Loans Servicing |
Case No. 2:10-cv-12650-MOB-MAR |
12-Jul |
www.mortgagedaily.com/LitigationTitle100911 |
| Countrywide Home Loans, Inc.; Federal Home Loan Corp.; Mortgage Electronic Registration Systems, Inc.; GMAC Mortgage LLC; J.P. Morgan Chase Bank, N.A.; CitiMortgage, Inc. |
Olg Cervantes et al. |
U.S. Court of Appeals for the Ninth Circuit |
n/a |
Appeals Court upholds MERS systems of assigning notes accompanying mortgages and validates MERS as a method of recordation. |
Cervantes et al. v. Countrywide Home Loans, Inc. |
Case No. 09-17364 |
9/7/2011 |
www.mortgagedaily.com/litigationforeclosures091411, www.mortgagedaily.com/LitigationTitle100911 |
| Deutsche Bank |
Somers |
Fifth Judicial District, County of Clackamas |
na |
Ruling in favor of MERS. |
Somers v. Deutsche Bank |
Case No. CV 11020133, Case No. FE110027 |
6-Jul |
www.mortgagedaily.com/LitigationTitle100911www.mortgagedaily.com/LitigationTitle100911 |
| GMAC Mortgage |
Barker |
U.S. District Court for the District of Oregon |
na |
Ruling in favor of MERS. |
Barker v. GMAC Mortgage |
Case 3:11-cv-00579-MO |
Aug. 3 |
www.mortgagedaily.com/LitigationTitle100911 |
| Goldman Sachs Mortgage |
Larota-Florez |
U.S. Fourth Circuit Court of Appeals |
na |
Ruling in favor of MERS. |
Larota-Florez v. Goldman Sachs Mortgage |
Case No. 1:09-cv-01181-CMH-IDD |
28-Jul |
www.mortgagedaily.com/LitigationTitle100911 |
| HSBC |
Calvo |
California Appellate Court, Second District |
na |
Ruling in favor of MERS. |
Calvo v. HSBC |
Super. Ct. No. BC415545 |
Sep. 13 |
www.mortgagedaily.com/LitigationTitle100911 |
| McCalla Raymer |
Jenkins |
U.S. District Court for the Northern District of Georgia |
na |
Ruling in favor of MERS. |
Jenkins v. McCalla Raymer |
Case No. 1:10-cv-03732-CAP |
Aug. 31 |
www.mortgagedaily.com/LitigationTitle100911 |
| MERS |
Graves |
19th Judicial Circuit of Virginia |
na |
Ruling in favor of MERS. |
Graves v. MERS |
Case No. CL-2010-17101 |
29-Jun |
www.mortgagedaily.com/LitigationTitle100911 |
| Mortgage Electronic Registration Systems, Inc. |
Henderson |
Alabama Supreme Court |
na |
Ruling in favor of MERS. |
Henderson v. Mortgage Electronic Registration Systems, Inc. |
Case No. CV-2008-900805.00 |
Sep. 9 |
www.mortgagedaily.com/LitigationTitle100911 |
| Pendergast, et al. |
Higgs |
U.S. District Court for the Northern District of Georgia |
na |
Ruling in favor of MERS. |
Higgs v. Pendergast, et al. |
Case No. 1:10-cv-03729-HTW |
29-Sep |
www.mortgagedaily.com/LitigationTitle100911 |
| U.S. Bank and MERS |
Waide |
Montana’s Thirteenth Judicial District Court |
na |
Ruling in favor of MERS. |
Waide v. U.S. Bank and MERS |
Cause No. DV 10-1763 |
28-Jun |
www.mortgagedaily.com/LitigationTitle100911 |
| US Bank Nat’l Ass’n |
Williams |
U.S. District Court in the Eastern District of Michigan Southern Division |
na |
Ruling in favor of MERS. |
Williams v US Bank Nat’l Ass’n |
Case 5:10-cv-14967-JCO-VMM |
9-Jun |
www.mortgagedaily.com/LitigationTitle100911 |
| Wells Fargo |
Neilson |
U.S. District Court for the District of Oregon |
na |
Ruling in favor of MERS. |
Neilson v. Wells Fargo |
Case 3:10-cv-01516-MO |
Aug. 9 |
www.mortgagedaily.com/LitigationTitle100911 |
