Mortgage Daily

Published On: April 9, 2012
Title Lawsuits
Fourth-Quarter 2011 Mortgage Litigation Index

Litigation tied to property title and title insurance claims.


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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Goodrich Fannie Mae Oregon Circuit Court for Jackson County na Eviction action dismissed. Fannie Mae v. Goodrich na na 12/7/2011
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Q3 2011 Title Lawsuits

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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