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Second-Quarter 2012 Mortgage Litigation Index

Title Lawsuits

Second-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
FEDERAL NATIONAL MORTGAGE ASSOCIATION ALLAN L. KRAMER U.S. District Court for the Western District of Texas na Ruling that borrowers cannot challenge a mortgage assignment to which he is not a party. ALLAN L. KRAMER, Plaintiff, -vs- FEDERAL NATIONAL MORTGAGE ASSOCIATION a/k/a Fannie Mae; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS); COUNTRYWIDE KB HOME LOANS, a Countrywide Mortgage Ventures LLC; and JOHN W. LATHAM, Defendants A-12-CA-276-SS na 5/15/2012 www.mortgagedaily.com/LitigationTitle052912
FINANCE CENTER FEDERAL CREDIT UNION RONNIE D. BRAND, DEBORA J. BRAND and GMAC MORTGAGE, LLC Court of Appeals of Indiana na Appeals court affirms trial court ruling in favor of GMAC based on the doctrine of equitable subrogation FINANCE CENTER FEDERAL CREDIT UNION, Appellant-Defendant, v. RONNIE D. BRAND, DEBORA J. BRAND and GMAC MORTGAGE, LLC, Appellee-Plaintiff 49A02-1111-MF-1089 na 5/24/2012 www.mortgagedaily.com/LitigationTitle052912
Joseph Roberts MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Supreme Court of Kentucky na Trial court decision reversed because equitable subrogation is not available to a lienholder who has actual or constructive knowledge of a preexisting lie MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. APPELLANT, v. JOSEPH ROBERTS, APPELLEE 2010-SC-000069-DG na 5/24/2012 www.mortgagedaily.com/LitigationTitle052912
LAWYERS TITLE INSURANCE, CORPORATION FIRST TENNESSEE BANK, NATIONAL ASSOCIATION, a National Banking Association U.S. District Court, N.D. Illinois, Eastern Division $83,200 Case dismissed. FIRST TENNESSEE BANK, NATIONAL ASSOCIATION, a National Banking Association, Plaintiff, v. LAWYERS TITLE INSURANCE, CORPORATION, Defendant 11 CV 01539 na 4/17/2012 www.mortgagedaily.com/LitigationTitle092512
STEPHEN F. KESSLER & LISA K. KESSLER, MICHAEL KEVIN RICKER COMMERCE BANK/HARRISBURG, N.A. Superior Court of Pennsylvania na Judgment granting priority of title to construction lender upheld. COMMERCE BANK/HARRISBURG, N.A., v. STEPHEN F. KESSLER & LISA K. KESSLER, MICHAEL KEVIN RICKER v. METRO BANK, F.K.A. COMMERCE BANK OF HARRISBURG, N.A.m APPEAL OF: METRO BANK, F.K.A. COMMERCE BANK OF HARRISBURG, N.A 464 MDA 2011 May 5/9/2012 Terry E. Pirius, Terry E. Pirius Trust, Paige A. Pirius Trust, Paige A. Pirius Marital Trust, Julie L. Barrett, The RiverBank, John Doe, Mary Roe and XYZ Corporation, Defendants, Associated Bank, N.A. Citizens State Bank Court of Appeals of Wisconsin, District III na Decision applying equitable subrogation upheld on appeal. Citizens State Bank, Plaintiff-Appellant, v. Terry E. Pirius, Terry E. Pirius Trust, Paige A. Pirius Trust, Paige A. Pirius Marital Trust, Julie L. Barrett, The RiverBank, John Doe, Mary Roe and XYZ Corporation, Defendants, Associated Bank, N.A., Defendant-Respondent 2011AP919 na 5/8/2012 www.mortgagedaily.com/LitigationTitle052912
IBM LENDER BUSINESS PROCESS SERVICES, INC. Corey Van Nostrand. Misty Van Nostrand U.S. Bankruptcy Court for the District of Kansas $136,000 Judgment in favor of defendant. COREY VAN NOSTRAND and MISTY VAN NOSTRAND, Plaintiffs, v. IBM LENDER BUSINESS PROCESS SERVICES, INC., et al., Defendants. Adv. No. 10-6146, 09-24265 na 4/30/2012 www.mortgagedaily.com/BankruptcyConsumerLawsuits2q2012
KAREN RUDOLPH, ET AL., DEFENDANTS-APPELLEES DEUTSCHE BANK NATIONAL TRUST COMPANY, PLAINTIFF-APPELLANT Court of Appeals of Ohio, Eighth Appellate District; Cuyahoga County Common Pleas Court $107,361 Trial court’s denies motion by plaintiff. DEUTSCHE BANK NATL. TRUST CO. v. RUDOLPH 98383, CV-775349 Feb. 2012 4/8/2012 www.mortgagedaily.com/TitleInsuranceLawsuits4q2012
na Mark Robert Wilkinson, Theresa Jean Wilkinson U.S. Bankruptcy Court for the District of Kansas na Ruling that a mortgage naming MERS as mortgagee is valid and enforceable. In re: Mark Robert Wilkinson and Theresa Jean Wilkinson, Debtors 09-24357 Chapter 13 na 4/30/2012 www.mortgagedaily.com/LitigationTitle052912
na Martin Huerter
U.S. Bankruptcy Court for the District of Kansas na Ruling that a mortgage naming MERS as mortgagee is valid and enforceable. In re: Martin Huerter, Debtor 10-23175 Chapter 13 na 4/30/2012 www.mortgagedaily.com/LitigationTitle052912
BAC HOME LOANS SERVICING, LP, now known as Bank of America, N.A., and Mortgage Electronic Registration Systems, Inc. MARK WILKINSON, Theresa Wilkinson U.S. Bankruptcy Court for the District of Kansas $82,000 Judgment in favor of defendant. MARK WILKINSON, et al., Plaintiffs, v. BAC HOME LOANS SERVICING, LP, et al., Defendants. Adv. No. 10-6251. 09-24357 na 4/30/2012 www.mortgagedaily.com/BankruptcyConsumerLawsuits2q2012
Gary Crane, Marsa Crane Gifford State Bank U.S. Bankruptcy Court for the Central District of Illinois na Mortgage ruled avoidable. Appeal filed. In re Crane 11-90592 2/29/2012 4/5/2012 www.mortgagedaily.com/BankruptcyIll052312
JP Morgan Chase Bank, National Association, successor by merger to Chase Home Finance LLC (JP Morgan Chase), and Mortgage Electronic Registration Systems, Inc. MARTIN HUERTER U.S. Bankruptcy Court for the District of Kansas $284,000 Judgment in favor of defendant. MARTIN HUERTER, Plaintiff, v. CHASE HOME FINANCE, LLC, et al., Defendants Adv. No. 10-6147, 10-23175 na 4/30/2012 www.mortgagedaily.com/BankruptcyConsumerLawsuits2q2012
RBS Citizens, NA, Defendant Brandon M. Rogers and Tracy M. Rogers, Plaintiffs United States Bankruptcy Court, N.D. Tllinois Eastern Division $49,897 Judgment by default entered in favor of plaintiffs. Rorgers v. RBS Citizens, NA 12 B 00565; 12-00308  2/24/2012 5/10/2012 www.mortgagedaily.com/BankruptcyConsumerLawsuits2q2012
MARY McGURK DEUTSCHE BANK NATIONAL TRUST COMPANY et al.,  Court of Appeals of California, Second District, Division Three na Judgment of quiet title against New Century Mortgage Corp. by U.S. bankruptcy court found unenforceable against plaintiff by appeals court. DEUTSCHE BANK NATIONAL TRUST COMPANY et al., Plaintiff and Appellant, v. MARY McGURK, Defendant and Respondent B231591 na 5/22/2012 www.mortgagedaily.com/LitigationForeclosures061812
AMBOY NATIONAL BANK, n/k/a/AMBOY BANK, MAGDY OMAR, and NASER BELOSA BANK OF AMERICA, N.A. Superior Court of New Jersey, Appellate Division na Decision in favor of BofA upheld. AMBOY NATIONAL BANK, n/k/a/AMBOY BANK, MAGDY OMAR, and NASER BELOSA, Defendants, and BANK OF AMERICA, N.A., f/k/a FLEET BANK, Defendant-Appellant A-3933-09T1 na 5/24/2012 www.mortgagedaily.com/LitigationTitle052912
BRIAN HAMER, in his official capacity as Director of the Illinois Department of Revenue; JOHN J. ACARDO, in his official capacity as DeKalb County Clerk and Recorder; KAREN A. STUKEL, in her official capacity as Will County Recorder; NANCY MCPHERSON, in her official capacity as Winnebago County Recorder; DAWN YOUNG, in her official capacity as Whiteside County Recorder; DEBBIE GILLETTE, in her official capacity as Kendall County Recorder; SANDY WEGMAN, in her official capacity as Kane County Recorder FEDERAL NATIONAL MORTGAGE ASSOCIATION (“FANNIE MAE”); THE FEDERAL HOME LOAN MORTGAGE CORPORATION (“FREDDIE MAC”); and, THE FEDERAL HOUSING FINANCE AGENCY U.S. District Court for the Northern District of Illinois na Complaint filed. THE FEDERAL NATIONAL MORTGAGE ASSOCIATION (“FANNIE MAE”); THE FEDERAL HOME LOAN MORTGAGE CORPORATION (“FREDDIE MAC”); and, THE FEDERAL HOUSING FINANCE AGENCY, in its capacity as an agency of the federal government and in its capacity as Conservator of Fannie Mae and Freddie Mac, Plaintiffs, v. BRIAN HAMER, in his official capacity as Director of the Illinois Department of Revenue; JOHN J. ACARDO, in his official capacity as DeKalb County Clerk and Recorder; KAREN A. STUKEL, in her official capacity as Will County Recorder; NANCY MCPHERSON, in her official capacity as Winnebago County Recorder; DAWN YOUNG, in her official capacity as Whiteside County Recorder; DEBBIE GILLETTE, in her official capacity as Kendall County Recorder; SANDY WEGMAN, in her official capacity as Kane County Recorder, Defendants 3:12-cv-50230 6/22/2012 6/22/2012 www.mortgagedaily.com/LawsuitFhfaIL062212
Bank of America, MERS Dallas County U.S. District Court for the Northern District of Texas Judge denied request by defendant to dismiss. DALLAS COUNTY, TEXAS, HARRIS COUNTY, TEXAS, AND BRAZORIA COUNTY, TEXAS ON BEHALF OF THEMSELVES AND ALL OTHER SIMILARLY SITUATED COUNTIES IN TEXAS, Plaintiffs, v. MERSCORP, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; STEWART TITLE GUARANTY COMPANY; STEWART TITLE COMPANY; BANK OF AMERICA, NATIONAL ASSOCIATION; and ASPIRE FINANCIAL, INC. d/b/a TEXASLENDING.COM, Defendants 3:11-cv-02733-O 9/21/2011 5/23/2012 www.mortgagedaily.com/LitigationFees061712
MERSCORP Inc., Mortgage Electronic Registration Systems Inc. Barbour County, Ala., Probate Judge Nancy O. Robertson U.S. District Court for the Middle District of Alabama na Remand granted to plaintiff. Motion to dismiss filed on April 26. Nancy O. Robertson, in her capacity as Probate Judge of Barbour County, Alabama, on behalf of herself and all others similarly situation v. MERSCORP, Inc. 2:11cv1111-MHT 4/2/2012 May www.mortgagedaily.com/LitigationFees061712.aspwww.mortgagedaily.com/LitigationTitle052912.aspwww.mortgagedaily.com/MctLawsuitMersKy042812.asp
Mortgage Electronic Registration, Inc. State of Indiana, ex rel Barrett Bates Marion Superior Court na Judge found that plaintiff failed to adequately plead his case under the Indiana Whistleblower and False Claims Act in win for MERS. State of Indiana, ex rel Barrett Bates v. Mortgage Electronic Registration, Inc. 49D12-0911-CT-051743 11/12/2009 6/22/2012 www.mortgagedaily.com/LitigationFees091012
WASHINGTON MUTUAL BANK, F.A.; WELLS FARGO BANK N.A., Defendants, LERNER, SAMPSON & ROTHFUSS, Defendant-Appellee BETTY WALLACE, Plaintiff-Appellant U.S. Court of Appeals, Sixth Circuit na Foreclosure overturned on appeal. BETTY WALLACE, Plaintiff-Appellant, v. WASHINGTON MUTUAL BANK, F.A.; WELLS FARGO BANK N.A., Defendants, LERNER, SAMPSON & ROTHFUSS, Defendant-Appellee Oct-94 na 6/26/2012 www.mortgagedaily.com/LitigationForeclosuresOH090612
Bank of America, CCO Mortgage Corp., CitiMortgage Inc., Corinthian Mortgage Corp., Everhome Mortgage Co., GMAC Residential Funding Corp., Guaranty Bank, HSBC Finance Corp., SunTrust Mortgage, Wells Fargo Bank, WMC Mortgage , orp., Bank of O’Fallon, Compass Mortgage, First Collinsville Bank, FirstCo Mortgage Corp., First County Bank, Mid America Mortgage Services of Illinois, Mortgage Services III, Midland States Bank, Peoples National Bank, Commerce Bank, Regions Bank, UMB Bank, MERS and Merscorp. Inc. St. Clair County, Brendan Kelly, Mike Costello St. Clair County Circuit Court na Complaint filed alleging defendants created a scheme to evade county fees and shield property transfer records from the public. na na 5/21/2012 5/21/2012 www.mortgagedaily.com/MctLawsuitStClairCounty052212www.mortgagedaily.com/LitigationFees061712
FIRST HORIZON HOME LOANS, a.k.a. First Horizon Corporation, d/b/a First Horizon Home Loans; QUALITY LOAN SERVICE CORPORATION OF WASHINGTON; STEWART TITLE, d/b/a Stewart Title of Bellingham; STEWART TITLE OF WESTERN WASHINGTON, INC., d/b/a Stewart Title of Bellingham; STEWART TITLE OF BELLINGHAM, INC., d/b/a Stewart Title of Bellingham JACK GRANT Court of Appeals of Washington, Division One Dismissal upheld except for claims related to the authority of First Horizon to commence foreclosure proceedings under the deeds of trust act, chapter 61.24 RCW. JACK GRANT, Appellant, v. FIRST HORIZON HOME LOANS, a.k.a. First Horizon Corporation, d/b/a First Horizon Home Loans; QUALITY LOAN SERVICE CORPORATION OF WASHINGTON, a Washington corporation; STEWART TITLE, d/b/a Stewart Title of Bellingham; STEWART TITLE OF WESTERN WASHINGTON, INC., a Washington corporation, d/b/a Stewart Title of Bellingham; STEWART TITLE OF BELLINGHAM, INC., a Washington corporation, d/b/a Stewart Title of Bellingham, Respondents 66721-1-I na 5/29/2012 www.mortgagedaily.com/LitigationForeclosures061812
American Home Mortgage Services Inc.; Mortgage Electronic Registration Systems Inc.; Deutsche Bank National Trust Company; GSR Mortgage Loan Trust 2006-OA1; Michael J. Bouchard, Oakland County Sheriff Bruce H. Yuille U.S. Court of Appeals for the Sixth Circuit na District court ruling affirmed. Bruce H. Yuille, Plaintiff-Appellant, v. American Home Mortgage Services Inc.; Mortgage Electronic Registration Systems Inc.; Deutsche Bank National Trust Company; GSR Mortgage Loan Trust 2006-OA1; Michael J. Bouchard, Oakland County Sheriff, Defendants-A Oct-64 na 5/29/2013 www.mortgagedaily.com/LitigationTitleMers092512
Andinaria Nelson, Tarrance Nelson Federal National Mortgage Association Court of Civil Appeals of Alabama na Summary judgment in favor of plaintiff vacated on appeal. Andinaria Nelson and Tarrance Nelson v. Federal National Mortgage Association 2100842 na 5/11/2012 www.mortgagedaily.com/LitigationForeclosures061812
Aurora Loan Services, LLC Lester Pascual, Ofelia Pascual U.S. District Court for the District of Hawaii na Judge dismissed plaintiffs’ first amended complaint asserting that Aurora violated Hawaii’s non-judicial foreclosure statute by foreclosing without a valid assignment of mortgage. Lester Pascual, an individual, and Ofelia Pascual, an individual, Plaintiffs, vs. Aurora Loan Services, LLC and DOES 1-100 inclusive, Defendants. Civil No. 10-00759 JMS-KSC na 6/18/2013 www.mortgagedaily.com/LitigationTitleMers092512
BAC Home Loans Jack G. Davidson District Court of the Seventh Judicial District of the State of Idaho na All counts of the plaintiff’s quiet title action seeking to prevent a future non-judicial foreclosure rejected. Jack G. Davidson, an individual, Plaintiff, vs. BAC Home Loans Servicing L.P., et al., Defendants CV-2012-1077 4/12/2012 5/7/2012 www.mortgagedaily.com/LitigationTitle052912
BAC Home Loans Servicing LP Dye U.S. District Court for the District of Oregon na MERS role affirmed. Gordon Dye, an individual, Plaintiff, v. BAC Home Loans Servicing, LP, a foreign partnership; and ReconTrust Company, N.A., a federal bank, defend 3:11-cv-911-HZ na 4/17/2012 www.mortgagedaily.com/LitigationTitle052912
BAC HOME LOANS SERVICING, LIMITED PARTNERSHIP RECONTRUST COMPANY, N. A. PAVEL G. PETRASHISHIN District Court, D. Oregon na Motion to dismiss denied. PAVEL G. PETRASHISHIN, Plaintiffs, v. BAC HOME LOANS SERVICING, LIMITED PARTNERSHIP RECONTRUST COMPANY, N. A., Defendants 3:11-cv-1105-HO na 4/13/2012 www.mortgagedaily.com/LitigationTitleMers092512.asp
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.asp
Bank of New York Pham U.S. District Court for the District of Virginia na Request for remand denied, wrongful foreclosure complaint rejected. Pham v. Bank of New York 1:12-cv-00002-TSE-JFA na 4/10/2012 www.mortgagedaily.com/LitigationTitle052912.asp
Bank of New York Mellon Earl Jorgenson Circuit Court of Oregon for Benton County na Complaint dismissed because no requirement to record trust deed assignments each time the underlying note is transferred Jorgenson v. Bank of New York Mellon, et al 11-10574 na 5/7/2012 www.mortgagedaily.com/LitigationTitle052912.asp
BANK OF NEW YORK TRUST COMPANY RESIDENTIAL FUNDING CO, L.L.C., f/k/a RESIDENTIAL FUNDING CORPORATION Michigan Supreme Court na Court ruled that borrower’s argument regarding the separation of the note and mortgage failed. RESIDENTIAL FUNDING CO, L.L.C., f/k/a RESIDENTIAL FUNDING CORPORATION, Plaintiff-Appellant, v Defendant-Appellee. | BANK OF NEW YORK TRUST COMPANY, Plaintiff-Appellant, COREY MESSNER, Defendant-Appellee SC: 143178, COA: 290248, Kent CC: 08-011138-AV | SC: 143179 COA: 291443, Jackson CC: 08-003406-AV na 5/31/2013 www.mortgagedaily.com/LitigationTitleMers092512.asp
Damasino Taperi, Rosalinda Taperi DEUTSCHE BANK NATIONAL TRUST COMPANY District Court of Appeal of Florida, Fourth District na Summary judgment in favor of defendant reversed on appeal. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for HSI Asset Securitization Corporation 2006-OPT4 Mortgage Pass-Through Certificates, Series 2006-OPT4, Appellant, v. DAMASINO TAPERI and ROSALINDA TAPERI, Appellees Case No. 4D11-1582 na 5/16/2012 www.mortgagedaily.com/LitigationForeclosuresFL061812.asp
David E. deBree, Lee Anne deBree Wells Fargo Bank, N.A. Supreme Judicial Court of Maine na The court vacated a summary judgment and remanded the matter for further proceedings. na na na April www.mortgagedaily.com/LitigationForeclosures041812.asp
David Rigby, Kathlyn Rigby Wells Fargo Bank, N.A. District Court of Appeal of Florida, Fourth District na Final summary judgment of foreclosure in favor of plaintiff was reversed by appeals court. na na na 4/4/2012 www.mortgagedaily.com/LitigationForeclosuresFL041812.asp
DEUTSCHE BANK NATIONAL TRUST CO., SHAPIRO & ZIELKE, LLP MAGRETH MUTUA, PETER MUTUA, JOHN M. PERUSSE, DIANE C. PERUSSE, ROBERT J. PIGOZZI, and LAURA M. PIGOZZI U.S. District Court, D. Minnesota na Plaintiffs’ motion to remand case back to state court granted and law firm’s request to be dismissed from the action denied. MAGRETH MUTUA, PETER MUTUA, JOHN M. PERUSSE, DIANE C. PERUSSE, ROBERT J. PIGOZZI, and LAURA M. PIGOZZI, Plaintiffs, v. DEUTSCHE BANK NATIONAL TRUST COMPANY and SHAPIRO & ZIELKE, LLP, Defendants 11-CV-3761 (PJS/AJB) na 4/30/2012 www.mortgagedaily.com/LitigationTitle052912.asp
Diane M. Pauk Deutsche Bank National Trust Co. Court of Appeals of Wisconsin, District IV na Judgment in favor of defendant partially reversed on appeal. Deutsche Bank National Trust Co., as Trustee for GSR Mortgage Loan Trust 2007-AR1, Mortgage Pass-Through Certificates, Series 2007-AR1, Plaintiff-Appellant-Cross-Respondent, v. Diane M. Pauk, Defendant-Respondent-Cross-Appellant 2010AP1583 na 5/31/2012 https://mortgagedaily.com/LitigationForeclosures061812.asp
FEDERAL NATIONAL MORTGAGE ASSOCIATION Henrietta EATON Supreme Judicial Court of Massachusetts, Superior Court Department na Ruling against servicers. Amicus briefs filed in April. Henrietta EATON vs. FEDERAL NATIONAL MORTGAGE ASSOCIATION & another SJC-11041 4/8/2011 6/22/2012 www.mortgagedaily.com/LawsuitForeclosureMass062812.aspwww.mortgagedaily.com/LitigationForeclosures041812.asp
HSBC BANK USA AS TRUSTEE FOR PHH 2007-2, Appellee GARY C. RICHARDS, Appellant District Court of Appeal of Florida, Fifth District na Foreclosure overturned on appeal. GARY C. RICHARDS, Appellant, v. HSBC BANK USA AS TRUSTEE FOR PHH 2007-2, Appellee 5D10-3895 na 6/22/2012 www.mortgagedaily.com/LitigationForeclosuresFl090512.asp
Ignacio Damian Figueroa MERS U.S. Court of Appeals for the 11th Circuit na Affirmation of lower court decision in favor of MERS. na na na May www.mortgagedaily.com/LitigationTitle052912.asp
JAMES W. HOWIE, DECEASED, et al. (GEORGIA L. HOWIE) U.S. BANK, N.A. Court of Appeals of the State of Kansas na Lower court ruling in favor of plaintiff sustained. U.S. BANK, N.A., Appellee, v. JAMES W. HOWIE, DECEASED, et al. (GEORGIA L. HOWIE), Appellants. 106,415 na 6/13/2013 www.mortgagedaily.com/LitigationTitleMers092512.asp
JANICE FALCONER, JOANN FALCONER, AND TRACEY BIA | DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2006, GSAMP TRUST 2006-FM2 v. JANICE FALCONER, AND ALL OTHER OCCUP DEUTSCHE BANK, ET AL State of Rhode Island and Providence Plantations Superior Court na Judge ruled in consolidated cases that “MERS, while not the lender or note-holder, may nonetheless invoke the statutory power of sale as the mortgagee and nominee for the lender.” DEUTSCHE BANK, ET AL v. JANICE FALCONER, JOANN FALCONER, AND TRACEY BIA | DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2006, GSAMP TRUST 2006-FM2 v. JANICE FALCONER, AND ALL OTHER OCCUP C.A. No. PD 2010-1588 (Consolidated) | C.A. No. PD 2010-1591 | C.A. No. PC 2010-1996 na 5/1/2012 www.mortgagedaily.com/LitigationTitleMers092512.asp
KAREN J. BIDDLE; SPOUSE IF ANY, OF KAREN J. BIDDLE; HEIRS, PERSONAL REPRESENTATIVES, DEVISEES, SUC-CESSORS, ASSIGNS, and THE UNKNOWN SUCCESSORS of RODNEY B. BIDDLE, DECEASED; OCCUPANTS OF PREMISES; and STATE OF OKLAHOMA EX REL OKLAHOMA STATE TAX COMMISSION THE F&M BANK & TRUST CO., an Oklahoma Banking Corporation Court of Civil Appeals of Oklahoma, Division 1 $342,000 Decision in favor of plaintiff upheld on appeal. THE F&M BANK & TRUST CO., an Oklahoma Banking Corporation, Plaintiff/Appellee, v. GARDNER CONSTRUCTION COMPANY, Defendant/Appellant, KAREN J. BIDDLE; SPOUSE IF ANY, OF KAREN J. BIDDLE; HEIRS, PERSONAL REPRESENTATIVES, DEVISEES, SUC-CESSORS, ASSIGNS, and THE UNKNOWN SUCCESSORS of RODNEY B. BIDDLE, DECEASED; OCCUPANTS OF PREMISES; and STATE OF OKLAHOMA EX REL OKLAHOMA STATE TAX COMMISSION, Defendants 108443 na 4/13/2012 www.mortgagedaily.com/LitigationTitle092512.asp
MERS Barrett Bates Superior Court of the District of Columbia na Case dismissed. na na na May www.mortgagedaily.com/LitigationTitle052912.asp
MICHAEL JOSEPH CORTES, ET AL. J.P. MORGAN CHASE BANK, N.A. Appellate Division of the Supreme Court of New York, Second Department na Trial court decision to prevent foreclosing on wife’s interest upheld on appeal. J.P. MORGAN CHASE BANK, N.A., appellant, v. MICHAEL JOSEPH CORTES, ET AL., respondents 2011-08972 na 6/13/2012 www.mortgagedaily.com/LitigationTitle092512.asp
Mortgage Electronic Registration Systems, Inc., Wells Fargo Bank, N.A.; Stephen C. Porter; David Seybold; Ryan Bourgeois; Matthew Cunningham Alvie Campbell and Julie Campbell, Appellants THE DISTRICT COURT OF WILLIAMSON COUNTY, TEXAS COURT OF APPEALS, THIRD DISTRICT na Dismissal of wrongful foreclosure lawsuit affirmed. Alvie Campbell and Julie Campbell, Appellants v. Mortgage Electronic Registration Systems, Inc., as Nominee for Lender and Lender’s Successors and Assigns; Wells Fargo Bank, N.A.; Stephen C. Porter; David Seybold; Ryan Bourgeois; Matthew Cunningham, and John Doe 1-100, Appellees 10-1093-C368, 03-11-00429-CV 5/18/2012 5/18/2012 www.mortgagedaily.com/LitigationTitle052912.asp
NORTHWEST TRUSTEE SERVICES, INC.; BAC HOME LOANS SERVICING, LP; MORTGATRE ELECTRONIC REGISTRATION SYSTEMS, INC.; BANK OF NEW YORK MELLON TRUST COMPANY, N.A. AS TRUSTEE FOR REVOLVING HOME EQUITY LOAN ASSET BACK NOTES SERIES 2004-K; DOES 1-20. Defendants Peter Neess, Liv Neess U.S. District Court for the Western District of Washington na Court dismissed a multiple-count complaint agains defendant of wrongful foreclosure in the state of Washington. PETER AND LIV NEESS, Plaintiffs, v. NORTHWEST TRUSTEE SERVICES, INC.; BAC HOME LOANS SERVICING, LP; MORTGATRE ELECTRONIC REGISTRATION SYSTEMS, INC.; BANK OF NEW YORK MELLON TRUST COMPANY, N.A. AS TRUSTEE FOR REVOLVING HOME EQUITY LOAN ASSET BACK NOTES SERIES 2004-K; DOES 1-20. Defendants 2:11-cv-01939-JCC na 4/6/2012 www.mortgagedaily.com/LitigationForeclosures041812.asp
Recontrust Co. Daniel P. Branson, Shaye Branson U.S. District Court for the District of Oregon na Judge finds no merit to plaintiffs’ allegations of wrongful foreclosure related to MERS’ role as beneficiary under plaintiffs’ deed of trust. Daniel P. Branson and Shaye Branson, Plaintiffs, v. Recontrust Co., N.A., et al 3:11-cv-1526-HO na 4/26/2012 www.mortgagedaily.com/LitigationTitle052912.asp
ROBERT HEATH, SHELLY HEATH WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2005-4 ASSET-BACKED CERTIFICATES, SERIES 2005-4 Supreme Court of Oklahoma na Foreclosure judgment reversed on appeal. WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2005-4 ASSET-BACKED CERTIFICATES, SERIES 2005-4; Plaintiff/Appellee, v. ROBERT HEATH AND SHELLY HEATH; Defendants/Appellants 108383 na 6/12/2012 www.mortgagedaily.com/LitigationTitle092512.asp
U.S. Bank N.A. William L. Knight District Court of Appeal of Florida, Fourth District na Dismissal overturned on appeal. U.S. BANK NATIONAL ASSOCIATION, as Indenture Trustee for AMERICAN HOME MORTGAGE INVESTMENT TRUST 2005-4, Mortgage-Backed Certificates, Series 2005-4, Appellant, v. WILLIAM L. KNIGHT, unknown spouse of William L. Knight n/k/a BEVERLY A. KNIGHT; PREMIER AMERICAN BANK, N.A., as Successor-in-Interest to FLORIDA COMMUNITY BANK; CHARLES S. THEOFILOS, M.D., P.A.; RAP KNIFORE, LLC; ROBB & STUCKY LIMITED LLLP d/b/a ROBB & STUCKY LTD; EWEB FUNDING GROUP, LLC; 1ST UNITED BANK, as Successor-in-Interest to REPUBLIC FEDERAL BANK, N.A.; FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for REPUBLIC FEDERAL BANK, N.A., Appellees 4D10-5008 na 4/11/2012 www.mortgagedaily.com/LitigationForeclosuresFL041812.asp
U.S. BANK NATIONAL ASSOCIATION ANDREA SKOV Court of Appeals of California, Sixth District na Foreclosure overturned on appeal. ANDREA SKOV, Plaintiff and Appellant, v. U.S. BANK NATIONAL ASSOCIATION, Defendant and Respondent H036483 na 6/8/2012 www.mortgagedaily.com/LitigationTitle092512.asp
U.S. BANK NATIONAL ASSOCIATION, as Trustee for THE STRUCTURED ASSET SECURITIES CORP. PASS-THROUGH CERTIFICATE SERIES 2006-Z; AMERICAN HOME MORTGAGE SERVICING, INC.; SAND CANYON CORP. also known as OPTION ONE MORTGAGE CORP. ANTONIO IBANEZ U.S. District Court, D. Massachusetts na Case dismissed. ANTONIO IBANEZ, v. U.S. BANK NATIONAL ASSOCIATION, as Trustee for THE STRUCTURED ASSET SECURITIES CORP. PASS-THROUGH CERTIFICATE SERIES 2006-Z; AMERICAN HOME MORTGAGE SERVICING, INC.; SAND CANYON CORP. also known as OPTION ONE MORTGAGE CORP. 11-11808-RGS na 4/13/2012 www.mortgagedaily.com/LitigationTitle092512.asp
Washington Mutual Bank, N.A. Hogan Arizona Supreme Court na Ruling that non-judicial foreclosure statutes do not require the beneficiary to prove its authority or ‘show me the note’ before a trustee may commence a non-judicial foreclosure. Hogan v. Washington Mutual Bank, N.A., et. Al na na 5/18/2012 www.mortgagedaily.com/LitigationForeclosures061812.aspwww.mortgagedaily.com/LitigationTitle052912.asp
Wilemar Studtmann, Denise Studtmann, CitiFinancial Inc. Schanon Mortgage Inc. Court of Appeals of Wisconsin, District III $108,000 Summary judgment affirmed and reversed in part because the loan in question had already been paid off. Schanon Mortgage Inc., Plaintiff-Appellant, Wilemar W. Studtmann, Denise Studtmann, Citifinancial Mortgage Co. and Citifinancial Inc., Defendants-Respondents 2011AP2483-FT na 4/10/2012 www.mortgagedaily.com/LitigationForeclosures041812.asp
William B. Butler na U.S. District Court for the District of Minnesota $50,000 Severe sanctions taken against defendant for frivolous “show-me-the-note” defenses. na na na 4/3/2012 www.mortgagedaily.com/LitigationForeclosures041812.asp
William L. Knight U.S. Bank N.A. District Court of Appeal of Florida, Fourth District na Dismissal of borrower lawsuit reversed. U.S. BANK NATIONAL ASSOCIATION, as Indenture Trustee for AMERICAN HOME MORTGAGE INVESTMENT TRUST 2005-4, Mortgage-Backed Certificates, Series 2005-4, Appellant, v. WILLIAM L. KNIGHT, unknown spouse of William L. Knight n/k/a BEVERLY A. KNIGHT; PREMIER AMERICAN BANK, N.A., as Successor-in-Interest to FLORIDA COMMUNITY BANK; CHARLES S. THEOFILOS, M.D., P.A.; RAP KNIFORE, LLC; ROBB & STUCKY LIMITED LLLP d/b/a ROBB & STUCKY LTD; EWEB FUNDING GROUP, LLC; 1ST UNITED BANK, as Successor-in-Interest to REPUBLIC FEDERAL BANK, N.A.; FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for REPUBLIC FEDERAL BANK, N.A., Appellees 4D10-5008 na 4/11/2012 www.mortgagedaily.com/LitigationForeclosuresFL041812.asp
BILLY G. BABER a/k/a BILLY GENE BABER and JEANETTE BABER, a/k/a AGNES J. BABER a/k/a A. JEANETTE BABER U.S. BANK NATIONAL ASSOCIATION, As TRUSTEE of the SECURITY NATIONAL MORTGAGE LOAN TRUST 2006-1 Supreme Court of Oklahoma na Denied motion to vacate default reversed on appeal. U.S. BANK NATIONAL ASSOCIATION, As TRUSTEE of the SECURITY NATIONAL MORTGAGE LOAN TRUST 2006-1, Plaintiff/Appellee, v. BILLY G. BABER a/k/a BILLY GENE BABER and JEANETTE BABER, a/k/a AGNES J. BABER a/k/a A. JEANETTE BABER, Defendants/Appellants, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GOLD MORTGAGE BANC, INC., AMERIQUEST MORTGAGE COMPANY and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Defendants 109942 na 6/12/2012 www.mortgagedaily.com/LitigationTitleMers092512.asp”>www.mortgagedaily.com/LitigationTitleMers092512.asp
Eddie Sachar Bank of New York Mellon Trust Company NA New York State Supreme Court, Appellate Division na Decision to dismiss summary judgment affirmed. Bank of New York Mellon Trust Company NA, etc., Plaintiff-Respondent, -against- Eddie Sachar, Defendant-Appellant, New York City Environmental Control Board, et al., Defendants Index 380904/09 na 5/22/2012 www.mortgagedaily.com/LitigationTitle052912.asp
Lanoue Hudson City Savings Bank New York Supreme Court na Dismissal of foreclosure reversed on appeal. Hudson City Savings Bank v. Lanoue, et al. Index No. 107305/09 na 5/21/2012 www.mortgagedaily.com/LitigationTitle052912.asp
na Federal National Mortgage Association California Court of Appeal, Fourth Appellate District na Court rules that MERS has the power, as nominee beneficiary, to assign its interest under a deed of trust. na na na 5/17/2012 www.mortgagedaily.com/LitigationTitle052912.asp
Rivas Deutsche Bank National Trust Co. Supreme Court of the State of New York, Appellate Division na Dismissal of foreclosure reversed on appeal. Deutsche Bank National Trust Co. v. Rivas Index 12325/09 na 5/21/2012 www.mortgagedaily.com/LitigationTitle052912.asp
JOHN W. ALEXANDER, III, and LISA ALEXANDER U.S. BANK, N.A. Supreme Court of Oklahoma na Summary judgment reversed. U.S. BANK, N.A., as Trustee, for Credit Suisse First Boston HEAT 2005-4, Plaintiff/Appellee, v. JOHN W. ALEXANDER, III, and LISA ALEXANDER, Defendants/Appellants, AND CITIFINANCIAL SERVICES, INC., Defendant 109648 7/23/2009 5/1/2012 www.mortgagedaily.com/LitigationTitle052912.asp

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