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First-Quarter 2012 Mortgage Litigation Index

Title Lawsuits
First-Quarter 2012 Mortgage Litigation Index
Litigation tied to property title and title insurance claims.

 

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Filed Date of Activity Link to Story
Bank of America Corp., Citigroup Inc., JPMorgan Chase & Co., Wells Fargo & Co., while Ally Financial Inc.  The People of the State of New York Supreme Court of the State of New York, County of Kings $25,000,000 Settlement resolves allegations of deceiving borrowers through the MERS system.  The People of the State of New York v. JP Morgan Chase Bank et al 2768-2012 na 2/3/2012 www.mortgagedaily.com/LitigationTitle031712
Carlo CASARANO JPMorgan Chase & Co., Wells Fargo Bank, N.A. Appeals Court of Massachusetts na Invalidated second mortgage stands on appeal. JPMORGAN CHASE & CO., INC., & another v. Carlo CASARANO, trustee 11-P-622 na 2/28/2012 www.mortgagedaily.com/LitigationForeclosures041812
www.mortgagedaily.com/LitigationTitle031712
MERS  Gregory A. Myers U.S. District Court for the Western District of Washington na Court dismissed with prejudice all claims against MERS related to alleged violations of the State of Washington’s Deed of Trust Act. GREGORY A. MYERS, Plaintiff, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., JOAN H. ANDERSON, EVP, on behalf of FLAGSTAR BANK, FLAGSTAR BANK, FSB, and MTC FINANCIAL, d/b/a TRUSTEE CORPS, Defendants 3:11-cv-05582-RBL na 2/24/2012 www.mortgagedaily.com/LitigationTitle031712
MERSCORP Inc. State of Ohio Geauga County Court of Common Pleas na Violations of Ohio state law are alleged because assignments weren’t recorded and public records were damaged.  State of Ohio, ex rel. David P. Joyce Prosecuting Attorney of Geauga County, Ohio v. MERSCORP, Inc., et al 11-M-001087 Q1, 2012 www.mortgagedaily.com/LitigationFees032112
US Bank Andrew and Lauretta Davis Supreme Court of the State of Nevada na Court rejected challenges to the MERS system in assigning deeds of trust and affirmed lower court rulings. Andrew Davis and Lauretta Davis, Appellants, vs. US Bank, National Association as Trustee, Respondent 56306 na 2/24/2012 www.mortgagedaily.com/LitigationTitle031712
in re Gary and Marsa Crane Gary and Marsa Crane U.S. Bankruptcy Court for the Central District of Illinois Judge orders lien  from Giffor State Bank avoided. In re Crane 11-90592 2/29/2012 4/5/2012 www.mortgagedaily.com/BankruptcyIll052312
na na U.S. District Court for the Eastern District of New York, U.S. Bankruptcy Court na Decision against MERS vacated. na na na 3/28/2012 www.mortgagedaily.com/LitigationTitle052912
www.mortgagedaily.com/LitigationTitle052912
Paragon Mortgage Holding LLC MB Financial Bank, N.A. District Court of Appeal of Florida, Second District $4,800,000 Decision finds trial court erred in determining senior indebtedness was satisfied by virtue of transfer between owners. MB FINANCIAL BANK, N.A., as successor to Broadway Bank, an Illinois banking corporation, Appellant, v. PARAGON MORTGAGE HOLDINGS, LLC; VIPUL KABARIA; JUGAL K. TANEJA; INDIRA LALWANI; CHANDRESH S. SARAIYA; and DOWNTOWN ST. PETE PROPERTIES, LLC, Appellees 2D10-3195 na 3/21/2012 www.mortgagedaily.com/LitigationTitle052912
www.mortgagedaily.com/LitigationTitle052912
Andrew Kissel, et al Hudson Valley Bank Supreme Court of Connecticut $404,000 Supreme Court affirmed Appeals Court decision to award funds to First American. HUDSON VALLEY BANK, v. ANDREW M. KISSEL ET AL SC 18547 na 2/7/2012 www.mortgagedaily.com/LitigationTitle031712
Keybank, Denis Kelliher Investors Savings Bank Superior Court of New Jersey, Appellate Division $1,300,000 Appeals court affirmed trial court’s ruling that plaintiff maintaned lien priority. INVESTORS SAVINGS BANK, Plaintiff-Respondent, v. KEYBANK NATIONAL ASSOCIATION, Defendant-Appellant, and DENIS KELLIHER, Defendant A-0404-10T2 10/31/2011 3/12/2012 www.mortgagedaily.com/LitigationTitle031712
JPMorgan Chase Bank, N.A.; Chase Home Finance LLC; EMC Mortgage Corp.; Bank of America, N.A.; BAC Home Loans Servicing LP; Wells Fargo Bank, N.A.; Wells Fargo Home Mortgage Inc.; MERSCORP Inc.; and Mortgage Electronic Registration Systems Inc. The People of the State of New York Supreme Court of the State of New York, Kings County na Complaint filed. The People of the State of New York, by Eric T. Schneiderman, Attorney General of the State of New York, Plaintiffs, -against- JPMorgan Chase Bank, N.A.; Chase Home Finance LLC; EMC Mortgage Corp.; Bank of America, N.A.; BAC Home Loans Servicing LP; Wells Fargo Bank, N.A.; Wells Fargo Home Mortgage Inc.; MERSCORP Inc.; and Mortgage Electronic Registration Systems Inc., Defendants na 2/3/12 2/3/2012 www.mortgagedaily.com/LawsuitNyAg020312
MERS  Guilford County Register of Deeds na Complaint filed. na na 3/13/2012 3/13/2012 www.mortgagedaily.com/LitigationTitle031712
Abraham and Sally Schwartz Wells Fargo Bank, N.A. Court of Appeals of Ohio, Eighth District, Cuyahoga County na Appeals court affirmed that plaintiff maintained its lien priority because a thorough search of public records would have turned up the bank’s lien. WELLS FARGO BANK, PLAINTIFF-APPELLEE, v. ABRAHAM SCHWARTZ, ET AL., DEFENDANTS-APPELLANTS 96641 na 3/8/2012 www.mortgagedaily.com/LitigationTitle031712
AmTrust Mortgage Corp., CitiMortgage Inc., McCurdy & Candler LLC, Mortgage Electronic Registration Systems Inc. Hugh B. Brown Jr. Superior Court of DeKalb County, State of Georgia na Ruling that GA law doesn’t preclude security deed holder from proceeding with foreclosure sale if it does not possess promissory note. Hugh B. Brown Jr., Plaintiff, v. AmTrust Mortgage Corp., CitiMortgage Inc., McCurdy & Candler LLC, and Mortgage Electronic Registration Systems Inc., Defendants 11-CV-2077-6 na 3/26/2012 www.mortgagedaily.com/LitigationTitle052912
www.mortgagedaily.com/LitigationTitle052912
Aurora Loan Services Edwin Pascua Caraang and Edna Gorospe Caraang U.S. District Court for the District of Hawaii Court dismissed challenges to MERS’ validity. EDWIN PASCUA CARAANG and EDNA GOROSPE CARAANG, Plaintiffs, vs. AURORA LOAN SERVICES LLC; LEHMAN BROTHERS BANK, FSH; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC.; CAL-WESTERN RECONVEYANCE CORPORATION; and DOES 1-50 inclusive, Defendants 11-00319 LEK-RLP 10/12/2011 1/27/2012 www.mortgagedaily.com/LitigationTitle031712
BAC Home Loans Servicing Robert and Amer Volkes Supreme Court of the State of Nevada na Court rejected challenges to the MERS system in assigning deeds of trust and affirmed lower court rulings. Robert Volkes; and Amber Volkes, Appellants, vs. BAC Home Loans Servicing, LP, F/K/A Countrywide Home Loans Servicing, LP, Respondent 57304 na 2/24/2012 www.mortgagedaily.com/LitigationTitle031712
Bank of America White U.S. District Court for the District of Oregon na MERS role affirmed. White v. Bank of America 3:11-cv-01209-ST na 4/2/2012 www.mortgagedaily.com/LitigationTitle052912
www.mortgagedaily.com/LitigationTitle052912
Bank of New York Mellon Trust Joshua R. Dow New Hampshire Superior Court na Court affirmed MERS’ role as mortgagee and ruled that MERS has the authority to both hold and assign its interest in mortgages under New Hampshire law. Joshua R. Dow V. Bank of New York Mellon Trust Co 218-2011-CV-1297 10/18/2011 2/7/2012 www.mortgagedaily.com/LitigationTitle031712
Bank of New York, MERS, et al Vermont Trotter Supreme Court of the State of Idaho na Court affirmed the trial court’s ruling that the trustee appointed by MERS was entitled to foreclose by non-judicial process and held that a trustee may foreclose on a deed of trust if the trustee complies with the requirements contained in Idaho’s Deed of Trust Act.  VERMONT TROTTER, Plaintiff-Appellant, v. BANK OF NEW YORK MELLON, f/k/a BANK OF NEW YORK AS TRUSTEES FOR THE CERTIFICATE HOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-28CB MORTGAGE PASSTHROUGH CERTIFICATES 2005-28CB; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; RECONTRUST COMPANY, N.A., Defendants-Respondents 38022 na 1/25/2012 www.mortgagedaily.com/LitigationTitle031712
Boone The Bank of New York Mellon District Court of the Third Judicial District for the State of Idaho na Favorable rulings for MERS. The Bank of New York Mellon v. Boone CV-2011-1201 na 3/15/2012 www.mortgagedaily.com/LitigationTitle052912
www.mortgagedaily.com/LitigationTitle052912
Chase Home Finance LLC Juan Luis Gurrero, Patricia Guerrero District Court of Appeal of Florida, Third District na Reversed a final judgment of foreclosures against plaintiffs. The court said it couldn’t agree that the burden of re-establishing a lost note and mortgage was met. Juan Luis Guerrero and Patricia Guerrero, Appellants, v. Chase Home Finance, LLC., Appellee 3D11-1404 na 3/21/2012 www.mortgagedaily.com/LitigationForeclosuresFL041812
Chase Home Finance LLC, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. JOHN MCLAUGHLIN, DEBORAH MCLAUGHLIN U.S. District Court for the Eastern District of Michigan na Class action rejected MERS system affirmed. JOHN MCLAUGHLIN, and DEBORAH MCLAUGHLIN, Plaintiffs, Hon. Lawrence P. Zatkoff v. CHASE HOME FINANCE, LLC, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Defendants 2:11-cv-11012 na 3/23/2012 www.mortgagedaily.com/LitigationTitle052912
www.mortgagedaily.com/LitigationTitle052912
CitiMortgage Parsons District Court of the Seventh Judicial District of the State of Idaho na Favorable rulings for MERS. Parsons v. CitiMortgage CV-2011-2138 na 3/15/2012 www.mortgagedaily.com/LitigationTitle052912
www.mortgagedaily.com/LitigationTitle052912
Collins Macomb County Sheriff  U.S. District Court for the Eastern District of Michigan na Class action rejected MERS system affirmed. Collins v. Macomb County Sheriff 2:11-cv-12999-PJD-LJM na 3/23/2012 www.mortgagedaily.com/LitigationTitle052912
www.mortgagedaily.com/LitigationTitle052912
Cory L. Richardson, ERNESTINE RICHARDSON, ARGENT MORTGAGE COMPANY LLC, CITIFINANCIAL SERVICES INC. Deutsche Bank National Trust Co. Supreme Court of Oklahoma na Decision reversed and case remanded. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, Plaintiff/Appellee, v. CORY L. RICHARDSON, Defendant/Appellant, and ERNESTINE RICHARDSON A/K/A ERNESTINE V. RICHARDSON, JOHN DOE, JANE DOE, ARGENT MORTGAGE COMPANY, LLC, CITIFINANCIAL SERVICES, INC., Defendants 109999 na 2/28/2012 www.mortgagedaily.com/LitigationForeclosures041812
Countrywide Bank Bacon U.S. District Court na Federal judge adopts magistrate judge’s report and recommendation of dismissal. Bacon v. Countrywide na na 3/15/2012 www.mortgagedaily.com/LitigationTitle052912
www.mortgagedaily.com/LitigationTitle052912
Daniel K. Kamakau Federal National Mortgage Association U.S. District Court for the District of Hawaii na Court dismissed challenges to MERS’ validity. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff/Counterclaim Defendant vs. DANIEL K. KAMAKAU; JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50; AND DOE GOVERNMENTAL UNITS 1-50, Defendant, Counterclaim Plaintiff 11-00475 JMS/BMK 8/2/11 2/23/2012 www.mortgagedaily.com/LitigationTitle031712
Deutsche Bank Chris and Lana Somers Fifth Judicial District, County of Clackamas, Oregon na Court dismissed with prejudice an amended wrongful foreclosure complaint. Chris and Lana Somers v. Deutsche Bank National Trust Company, et al.; Deutsche Bank National Trust Company, et al. v. Chris Somers, et al CV11020133; FE110027 na 1/9/2012 www.mortgagedaily.com/LitigationTitle031712
Deutsche Bank National Trust Co. Dilcia Osorto District Court of Appeal of Florida, Fourth District na Appeals court found that the trial court granted summary judgment prematurely where there were outstanding discovery requests. Reversed decision and remanded case. DILCIA OSORTO, Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Natixis 2007-HE2, Appellee 4D10-3631 na 3/28/2012 www.mortgagedaily.com/LitigationForeclosuresFL041812
Deutsche Bank National Trust Company Rosario Meza-Lopez, U.S. District Court for the District of Oregon na MERS role affirmed. Rosario Meza-Lopez, Plaintiffs, v. Deutsche Bank National Trust Company, as Trustee for American Home Mortgage Assets Trust 2007-3, Mortgage-Backed Pass-Through Certificates Services 2007-2 Assignee, et al., Defendants 3:11-cv-00891-HU na 2/13/2012 www.mortgagedaily.com/LitigationTitle052912
www.mortgagedaily.com/LitigationTitle052912
Dion T. Louis Aurora Loan Services LLC Court of Appeals of Ohio, Sixth District, Lucas County na The appeals court reversed the decision and remanded the case “because a genuine issue of material fact exists as to whether Aurora is a real party in interest.” Aurora Loan Services, LLC, Appellee, v. Dion T. Louis, et al., Appellant L-10-1289 na 2/3/2012 www.mortgagedaily.com/LitigationForeclosures041812
Eleazar Salazar U.S. Bank National Association U.S. District Court for the Southern District of California na Judge confirms MERS role. U.S. Bank National Association, Appellant, v. Eleazar Salazar, Appellee 3:11-cv-00907-L-BLM (Bankruptcy No. 10-17456-MM13) 3/15/2012 3/15/2012 www.mortgagedaily.com/LitigationTitle052912
www.mortgagedaily.com/LitigationTitle052912
Fannie Mae Crowden U.S. District Court for the District of Oregon na Wrongful foreclosure action dismissed. Crowden v. Fannie Mae na na Q1, 2012 www.mortgagedaily.com/LitigationForeclosures020312
Federal National Mortgage Association Eaton Massachusetts Supreme Judicial Court na Order issued requesting the counsel for both parties to present briefings on what impact a ruling requiring a servicer to possess both a promissory note and mortgage in order to foreclose  Eaton v. Federal National Mortgage Association na na Jan. 2012 www.mortgagedaily.com/LitigationForeclosures020312
George Rodgers, Caroline Rodgers Bank of New York Trust Company, N.A. District Court of Appeal of Florida, Third District na The judgment to dismiss was reversed and a new trial was ordered. The Bank of New York Trust Company, N.A., as successor to JPMorgan Chase Bank, N.A., as trustee, Appellant, v. George H. Rodgers and Caroline J. Rodgers, Appellees 3D10-1852 na 1/18/2012 www.mortgagedaily.com/LitigationTitle031712
GMAC Mortgage LLC Reginald A. Patterson, Diana V. Patterson Alabama Court of Civil Appeals na Foreclosure overturned on appeal. Reginald A. Patterson and Diana V. Patterson, v. GMAC Mortgage, LLC 2100490 May 2007 1/20/2012 www.mortgagedaily.com/LitigationForeclosures020312
LaSalle Bank, MERS, et al Chad D. Scarborough U.S. Court of Appeals for the 10th Circuit, U.S. District Court for the District of Utah na Court ruled that securitizing a promissory note does not invalidate a borrower’s debt. CHAD D. SCARBOROUGH, Plaintiff-Appellant, v. LASALLE BANK NATIONAL ASSOCIATION, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates Series 2007 FF2; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS; FIRST FRANKLIN FINANCIAL, Defendants-Appellees 11-4092; 2:10-CV-00624-CW na 2/1/2012 www.mortgagedaily.com/LitigationTitle031712
www.mortgagedaily.com/LitigationForeclosures041812
Martin J. Beirne, Elizabeth C. Beirne, Timothy A. Urwin, Fifth Third Bank, the Ohio Department of Taxation and the Treasurer of Medina County HSBC Bank USA, N.A. Court of Appeals of Ohio, Ninth District, Medina County Appeals court ruled that the trial court erred when it granted summary judgment. Case was reversed and remanded. HSBC BANK USA v. BEIRNE 2012 Ohio 1386 HSBC BANK USA, Appellee, v. MARTIN J. BEIRNE, JR., et al., Appellants 10CA0113-M 5/11/2009 3/30/2012 www.mortgagedaily.com/LitigationForeclosures041812
MERSCORP Holdings Inc.  Rick and Amy Sovereign U.S. District Court for the District of Oregon na Court dismissed with prejudice an amended complaint of wrongful foreclosure. RICK L. SOVEREIGN and AMY J. SOVEREIGN, Plaintiffs, v. DEUTSCHE BANK; MORTGAGEIT, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEM, a foreign corporation; CITIMORTGAGE, INC., a foreign corporation; and CAL-WESTERN RECONVEYANCE CORPORATION, a foreign corporation, Defendants 3:11-CV-995-BR 8/17/2011 3/5/2012 www.mortgagedaily.com/LitigationTitle031712
Mortgage Electronic Registration Systems Inc. DeGregorio  Oregon state court na Court dismissed with prejudice an amended complaint of wrongful foreclosure. DeGregorio v. Mortgage Electronic Registration Systems Inc. na na 3/2/2012 www.mortgagedaily.com/LitigationTitle031712
New Jersey Bankers Association na New Jersey Supreme Court  na Court ruled that the absence of the lender’s name on a foreclosure filing is insufficient reason to throw the case out. na na na 2/27/2012 www.mortgagedaily.com/MctForeclosureNj022812
Novastar Home Mortgage Inc. and successor The Bank of New York Mellon Marc D. Beaumont District Court of Appeal of Florida, Fifth District na Appeals court reversed trial court’s decision because plaintiff failed to prove who lost the note and when it was lost, offered no proof of anyone’s right to enforce the note when it was lost, and produced no evidence of ownership, due to the transfer from Novastar to Mellon. MARC D. BEAUMONT, Appellant, v. BANK OF NEW YORK MELLON, etc., Appellee 5D10-3471 na 2/17/2012 www.mortgagedaily.com/LitigationForeclosuresFL041812
OneWest Bank, MERS  Katherine Stolz, Edward Stolz, Terrea Stolz U.S. District Court for the District of Oregon na Court ruled that defendant is a valid trust deed beneficiary according to Oregon law, with the power and authority to assign its interest in the trust deed to the foreclosing lender. KATHERINE STOLZ, an individual, EDWARD STOLZ, an individual, and TERREA STOLZ, and individual, Plaintiffs, vs. ONEWEST BANK, a California Corporation, MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., a Delaware Corporation, REGIONAL TRUSTEE SERVICES CORPORATION, a Washington Corporation, and FEDERAL NATIONAL MORTGAGE ASSOCIATION, a government sponsored Enterprise, Defendants 3:11-cv-00762-HU na 3/30/2012 www.mortgagedaily.com/LitigationTitle031712
www.mortgagedaily.com/LitigationTitle052912
Recontrust Co, Dumitrash U.S. District Court for the District of Oregon na MERS role affirmed. Dumitrash v. Recontrust Company 3:11-cv-01062-AC na 3/26/2012 www.mortgagedaily.com/LitigationTitle052912
www.mortgagedaily.com/LitigationTitle052912
Tony Lippi Deutsche Bank National Trust Co. District Court of Appeal of Florida, Fifth District $247,200 Dismissal of foreclosure overturned on appeal. DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., Appellant, v. TONY LIPPI, Appellee 5D10-946 na 1/20/2012 www.mortgagedaily.com/LitigationForeclosures020312
Wells Fargo Bank, N.A., Federal Home Loan Mortgage Corporation, Freddie Mac, MERS Inc., et al Laurie Hobson U.S. District Court for the District of Idaho na Court ruled in favor of MERS. LAURIE HOBSON, Plaintiff, v. WELLS FARGO BANK, N.A., a South Dakota corporation; FEDERAL HOME LOAN MORTGAGE CORPORATION, a federally chartered corporation, dba FREDDIE MAC; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation; AND DOES 1-10 as individuals or entities with an interest in the property commonly known as: 3945 S. Oak Brook Way, Boise, Idaho 83706 Defendant 1:11-cv-00196-BLW na 2/15/2012 www.mortgagedaily.com/LitigationTitle031712
WILBURN L. BRECHTEL, JR., AND BARBARA BRECHTEL DEUTSCHE BANK NATIONAL TRUST CO Court of Appeals of Mississippi na Plaintiff’s denied motion affirmed. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R11 UNDER THE POOLING AND SERVICING AGREEMENT, APPELLANT, v. WILBURN L. BRECHTEL, JR., AND BARBARA BRECHTEL, APPELLEES 2010-CA-01794-COA Jun. 2010 1/31/2012 www.mortgagedaily.com/LitigationForeclosures020312
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