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Title Lawsuits Third-Quarter 2011 Mortgage Litigation Index

Title Lawsuits
Third-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
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-CA  14-Jul www.mortgagedaily.com/LitigationForeclosures080311www.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/LitigationForeclosure071111www.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/LitigationTitle100911www.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/litigationforeclosures091411www.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
Q2 2011 Title Lawsuits

Q1 2011 Title Lawsuits

4th quarter 2010 Title Lawsuits
3rd quarter 2010 Title Lawsuits2nd quarter 2010 Title Lawsuits

1st quarter 2010 Title Lawsuits

 

 

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