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Third-Quarter 2012 Mortgage Litigation Index

Title Lawsuits

Third-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
AMERIQUEST MORTGAGE COMPANY FREDERICK W. STRICKLAND AND CHERYL D. STRICKLAND Court of Appeals of Louisiana, First Circuit $60,000 Judgment in favor of plaintiff reversed on appeal. FREDERICK W. STRICKLAND AND CHERYL D. STRICKLAND, v. AMERIQUEST MORTGAGE COMPANY 2011 CA 1677 na 7/18/2012 www.mortgagedaily.com/LitigationTitle092512
CITIFINANCIAL, INC. EDNA BRATTON INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF R. G. BRATTON Court of Appeals of Kentucky na Judgment in favor of plaintiff reversed on appeal. CITIFINANCIAL, INC., Appellant, v. EDNA BRATTON INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF R. G. BRATTON, Appellee 2011-CA-001152-MR June 2009 8/31/2012 www.mortgagedaily.com/LitigationTitle092512
Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10, Appellee Martin R. Sherman and Grace L. Sherman, Appellants District Court of Appeal of Florida, Third District na Judgment in favor of Deutsche reversed on appeal. Martin R. Sherman and Grace L. Sherman, Appellants, v. Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-10, Appellee 3D11-2707 na 8/22/2012 www.mortgagedaily.com/LitigationTitle092512
EASTERN SAVINGS BANK, FSB CACH, LLC Court of Common Pleas, Supreme Court of Delaware na Trial court granting of motion to dismiss affirmed. EASTERN SAVINGS BANK, FSB, Defendant Below, Appellants, v. CACH, LLC, Plaintiffs Below, Appellees 88, 2012 na 8/24/2012 www.mortgagedaily.com/LitigationTitle092512
JOHN W. THORN and LINDA THORN HOFFMAN, LML OF FOUNTAIN SQUARE, L.L.C. MB FINANCIAL BANK, N.A. Court of Appeals of Michigan na Trial court decision in favor of defendant on equitable subrogation action affirmed on appeal. MB FINANCIAL BANK, N.A., Plaintiff-Appellant, v. JOHN W. THORN and LINDA THORN HOFFMAN, Defendants-Appellees, and LML OF FOUNTAIN SQUARE, L.L.C., Defendant 306672 na 9/18/2012 www.mortgagedaily.com/LitigationTitle092512
PRAIRIE STATE BANK & TRUST, an Illinois Banking Corporation, SANTARELLI AND SONS, INC. UNITED COMMUNITY BANK, a Banking Corporation; and JAMES G. McDONOUGH Appellate Court of Illinois, Fourth District na Judgment in favor of defendant affirmed. UNITED COMMUNITY BANK, a Banking Corporation; and JAMES G. McDONOUGH, Plaintiffs-Appellants, v. PRAIRIE STATE BANK & TRUST, an Illinois Banking Corporation, Defendant-Appellee, and SANTARELLI AND SONS, INC., Defendant 4-11-0973 na 7/11/2012 www.mortgagedaily.com/LitigationTitle092512
Glen Alan Ward United States of America U.S. District Court for the Central District of California $1,000,000 Indictment. na na 8/17/2012 8/17/2012 www.mortgagedaily.com/LitigationForeclosureFirmsCA101512
Citibank, N.A., as Trustee on Behalf of Holders of the American Home Mortgage Assets Trust 2006-4, Mortgage Backed pass-through Certificates Series 2006-4; Northwest Trustee Services, Servicing, Inc.; American Brokers Conduit; Mortgage Systems, Inc.; All Persons Unknown, claiming an valid substisting interste, and right to the possession in the property described in the complaint adverse to Plaintiff’s title, or any cloud on Plaintiff’s title thereto; and Does I-X, inclusive, Respondents DANIEL C. PETERSON and KRISTI J.  PETERSON, husband and wife, Appellant The Court of Appeals of the State of Washington $579,975 Dismissal of borrower’s claims affirmed. DANIEL C. PETERSON and KRISTI J. PETERSON, husband and wife, Appellant, v. CITIBANK, N.A., AS TRUSTEE ON BEHALF OF HOLDERS OF THE AMERICAN HOME MORTGAGE ASSETS TRUST 2006-4, MORTGAGE BACKED PASS-THROUGH CERTIFICATES SERIES 2006-4; NORTHWEST TRUSTEE SERVICES, INC.; AMERICAN HOME MORTGAGE SERVICING, INC.; AMERICAN BROKERS CONDUIT; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; ALL PERSONS UNKNOWN, CLAIMING ANY VALID SUBSISTING INTEREST, AND RIGHT TO THE POSSESSION IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFFS’ TITLE, OR ANY CLOUD ON PLAINTIFFS’ TITLE THERETO; and DOES I-X, INCLUSIVE, Respondents. 67177-4-I 12/18/2009 9/17/2012 www.mortgagedaily.com/ForeclosureLawsuits3q2012
HSBC Bank USA, N.A. David M. Nickless, trustee in bankruptcy of David A. Marron and Robin H. Soroko-Marron U.S. District Court for the District of Massachusetts na Moition for certirfication of questions and bankrutcy appeal both denied. Marron v. HSBC Bank  4:11-cv-40191-NMG13 na 9/26/2012 www.mortgagedaily.com/LitigationTitleMers123012
Terrill Meisinger United States of America na $5,000,000 Order issued. na na June 2011 7/31/2012 www.mortgagedaily.com/LitigationForeclosureFirms101512
Solace Financial, LLC IN RE PARADA v. SOLACE FINANCIAL, LLC U.S. Bankruptcy Court for the Northern District of Illinois $68,944 Second lien determined to have no value due to equity. IN RE PARADA v. SOLACE FINANCIAL, LLC 12 B 06390; 12 AP 00963 2/21/2012 8/24/2012 www.mortgagedaily.com/BankruptcyConsumerLawsuits3q2012
Gregory Flores, Sheri Gale, Amy Hall United States of America U.S. District Court the Central District of California $1,098,000 144-month sentence for Flores. na na na 7/9/2012 www.mortgagedaily.com/LitigationForeclosureFirmsCA101512
Chicago Title Insurance Co. Fifth Third Mortgage Co. U.S. Court of Appeals, Sixth Circuit na Decision in favor of plaintiff affirmed. FIFTH THIRD MORTGAGE COMPANY, Plaintiff-Appellee, v. CHICAGO TITLE INSURANCE COMPANY, Defendant-Appellant 692441 na 8/30/2012 www.mortgagedaily.com/LitigationTitleMers092512
MORTGAGE ELECTRONIC REGISTRATION
SYSTEM, INC., et al.
MAYME BROWN, individually and
in her official capacity as circuit clerk of
Hot Spring County, Arkansas, and on behalf
of all circuit clerks in the State of Arkansas
U.S. District Court for the Western District of Arkansas na Defendant’s motion to dismiss granted. MAYME BROWN, individually and in her official capacity as circuit clerk of Hot Spring County, Arkansas, and on behalf of all circuit clerks in the State of Arkansas PLAINTIFFS VS. MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., et al. DEFENDANTS 6:11-cv-06070-SOH na 9/17/2012 www.mortgagedaily.com/FeeLawsuits3q2012
Richard C. Strawn, Robert K. Borchers, individually and as personal representative of the Estate of Marie Borchers, and Nancy Davidson Borchers, Respondents Regions Bank, Appellant Court of Appeals of South Carolina $72,788 Trial court decision in favor of defendant affirmed on 8/22/12; Rehearing denied on 9/25. REGIONS BANK, Appellant,  v.  Richard C. STRAWN, Robert K. Borchers, individually and as personal representative of the Estate of Marie Borchers, and Nancy Davidson Borchers, Respondents 5027 na 9/25/2013 www.mortgagedaily.com/ServicingLawsuits3q2012
UNION BANK, N.A. ELLEN GALLAGHER Court of Appeal, Fourth Appellate District, Division One, State of California na Judgment in favor of borrower overturned on appeal. ELLEN GALLAGHER, Plaintiff and Respondent, v. UNION BANK, N.A., Defendant and Appellant Superior Court No. No. 37-2010-00087129-CU-OR-CTL, D058896, D059838 na 7/13/2012 www.mortgagedaily.com/LitigationTitle092512
Jodi B. Matt HSBC Bank USA, N.A. Supreme Judicial Court of Massachusetts, Suffolk na Judgment in favor of plaintiff appealed. HSBC BANK USA, N.A. v. MATT SJC-11101 na 9/6/2012 www.mortgagedaily.com/TitleInsuranceLawsuits3q2012
WELLS FARGO BANK, N.A., as trustee for the MLMI Trust Series 2005-FM1, Appellee ANASTASIOS ZERVAS and DINA ZERVAS, Appellants District Court of Appeal of Florida, Second District na Foreclosure judgment reversed on appeal. ANASTASIOS ZERVAS and DINA ZERVAS, Appellants, v. WELLS FARGO BANK, N.A., as trustee for the MLMI Trust Series 2005-FM1, Appellee 2D11-750 na 7/18/2012 www.mortgagedaily.com/LitigationForeclosuresFl090512
ACE SECURITIES CORP. HOME EQUITY LOAN TRUST SERIES 2007-HE4; OCWEN LOAN SERVICING; HSBC BANK USA, N.A.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Defendants-Appellees, and DB STRUCTURE LARI KEI TADEHARA; JULIA KAY TADEHARA U.S. Court of Appeals for the Tenth Circuit | U.S. District Court for the District of Utah na Plaintiffs wrongful foreclosure complaint dismissed.  LARI KEI TADEHARA; JULIA KAY TADEHARA, Plaintiffs-Appellants, v. ACE SECURITIES CORP. HOME EQUITY LOAN TRUST SERIES 2007-HE4; OCWEN LOAN SERVICING; HSBC BANK USA, N.A.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Defendants-Appellees, and DB STRUCTURE 11-4176 | D.C. No. 2:11-CV-00436-DS na 7/5/2013 www.mortgagedaily.com/LitigationTitleMers092512
ALBERT and ADRIENNE DELUCA; and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Purchaser of the Loans and Other Assets of Washington Mutual Bank, formerly known as Washington Mutual Bank, F.A. REGIONS BANK, Successor by Merger with AmSouth Bank District Court of Appeal of Florida, Second District na Judgment in favor of Deutsche reversed on appeal. REGIONS BANK, Successor by Merger with AmSouth Bank, Appellant, v. ALBERT and ADRIENNE DELUCA; and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Purchaser of the Loans and Other Assets of Washington Mutual Bank, formerly known as Washington Mutual Bank, F.A., Appellees 2D11-3828 na 8/22/2012 www.mortgagedaily.com/LitigationTitle092512
BAC HOME LOANS SERVICING, LP, Appellee MARCOS ACEVEDO, Appellant District Court of Appeal of Florida, Fourth District na Final judgment in favor of plaintiff vacated. MARCOS ACEVEDO, Appellant, v. BAC HOME LOANS SERVICING, LP, Appellee 4D12-188 na 9/27/2012 www.mortgagedaily.com/LitigationForeclosuresFl010813
Bank of America na na na Complaint recently filed. na na August August www.mortgagedaily.com/MctLawsuitForeclosureHi080712
Bank of America, N.A.; BAC Home Loans Servicing, L.P.; Peterson, Fram & Bergman, P.A William B. Butler; Mary S. Butler, individually and as representatives for all others similarly situated U.S. Court of Appeals For the Eighth Circuits na Judgment for defendant upheld on appeal. William B. Butler; Mary S. Butler, individually and as representatives for all others similarly situated as Plaintiffs – Appellants v. Bank of America, N.A.; BAC Home Loans Servicing, L.P.; Peterson, Fram & Bergman, P.A. Defendants – Appellees. 275334 na Aug. 27 www.mortgagedaily.com/LitigationTitleMers092512
Bank of America, NA; Bank of New York Mellon Corporation; Mortgage Electronic Registration Systems Incorporated, appellees Mariusz Buchna; Julita Buchna, appellants U.S. Court of Appeals for the Ninth Circuit na Dismissal of a plaintiffs’ appeal of dismissed complaint. Mariusz Buchna; Julita Buchna, Plaintiffs-Appellants, v. Bank of America, NA; Bank of New York Mellon Corporation; Mortgage Electronic Registration Systems Incorporated, Defendants-Appellees. 10-17651 na 7/11/201,3 www.mortgagedaily.com/LitigationTitleMers092512
Bank of New York et al. Vivian McCarter U.S. District Court for the District of Columbia na “Incoherent” complaint dismissed. Vivian McCarter Plaintiff, v. Bank of New York et al. Defendants 1:11-cv-02078-RJL na 7/9/2012 www.mortgagedaily.com/LitigationForeclosures091712
Bank of New York Mellon, Respondent David Edelstein, Appellant SUPREME COURT OF THE STATE OF NEVADA na Favorable MERS ruling upheld on appeal. Edelstein v. Bank of New York Mellon 57430 na 9/27/2012 Carlton Ditto  Mortgage Electronic Registration System. Chancery Court for Hamilton County, Tennessee na Plaintiff’s motion for judgment on pleadings denied. Defendant’s motions for judgment on pleadings and for declaratory judgment granted. MERS v. Ditto  Docket No. 12-0058, Docket No. 11208, Item 129323 na 9/26/2012 www.mortgagedaily.com/LitigationTitleMers123012
DENNIS A. ALABURDA, AMY L. WARNER INDEPENDENT MORTGAGE COMPANY Court of Appeals of Arizona, Division One, Department D $321,750 Dismissal of case affirmed on appeal. INDEPENDENT MORTGAGE COMPANY, Plaintiff/Appellant, v. DENNIS A. ALABURDA and AMY L. WARNER, husband and wife, Defendants/Appellees 1 CA-CV 11-0301 na 7/17/2012 Deutsche Bank National Trust Co. Barbara-Ann Delizo-Lima, Lionel Lima Jr. na na Complaint recently filed. na na August August www.mortgagedaily.com/MctLawsuitForeclosureHi080712
Edward Cherry, Lawrence Diodata, Paul Gellenbeck, Shane Frankovic, Anthony C. Pintsopoulos, The Fidelity Land Trust Company, LLC, The Sunshine State Land Trust Company, LLC, Florida Land Trust Services, LLC, Growth Capital Funding, LLC, Zion Partners Irrevocable Trust, LLC, Zion Partners Irrev Trust, LLC, August Belmont and Company, LLC, Esquire Litigation Support, LLC, EsqLitigationSupport.com, LLC, Click Media Consulting, LLC, doing business as Florida Home Rescue Mission, and American Federal Trust, LLC Office of the Attorney General, Department of Legal Affairs, State of Florida Circuit Court of the Seventeenth Judicial Circuit, In and For Broward County, Florida na Complaint filed, temporary injunction obtained. Office of the Attorney General, Department of Legal Affairs, State of Florida, Plaintiff, vs. Edward Cherry, Lawrence Diodata, Paul Gellenbeck, Shane Frankovic, Anthony C. Pintsopoulos, The Fidelity Land Trust Company, LLC, The Sunshine State Land Trust Company, LLC, Florida Land Trust Services, LLC, Growth Capital Funding, LLC, Zion Partners Irrevocable Trust, LLC, Zion Partners Irrev Trust, LLC, August Belmont and Company, LLC, Esquire Litigation Support, LLC, EsqLitigationSupport.com, LLC, Click Media Consulting, LLC, doing business as Florida Home Rescue Mission, and American Federal Trust, LLC, Defendants 12-26987 9/25/2012 9/25/2012 www.mortgagedaily.com/FidelityLandTrust122812www.mortgagedaily.com/LitigationForeclosureFirms101512
FAMILY LENDING SERVICES, INC. MARLON TAASAN First Appellate District, Division Two na Affirmed March 2011 lower court finding that borrowers “executed a deed of trust conferring on MERS or any successor in interest the right to exercise the power of sale as the named nominee beneficiary.” MARLON TAASAN et al., Plaintiffs and Appellants, v. FAMILY LENDING SERVICES, INC. et al., Defendants and Respondents A132339 (Solano County Super. Ct. No. FCS 035585) na 7/10/2013 www.mortgagedaily.com/LitigationTitleMers092512
GMAC MORTGAGE, LLC, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., EXECUTIVE TRUSTEE SERVICES, INC.,  REBECCA NIDAY, fka Rebecca Lewis Court of Appeals of Oregon na Appeals court rules in favor of borrower. REBECCA NIDAY, fka Rebecca Lewis, Plaintiff-Appellant, v. GMAC MORTGAGE, LLC, a foreign limited liability company; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation; and EXECUTIVE TRUSTEE SERVICES, INC., a California corporation, Defendants-Respondents. A147430 na 7/18/2012 www.mortgagedaily.com/MctLawsuitMersOr071912
HSBC BANK, U.S.A., National Association as Trustee for the holders of DEUTSCHE, ALT-B Securities Mortgage Loan Trust, Series 2006-AB4 Mortgage Pass-Through Certificates, Appellee ISABEL MARGARITA GASCUE, Appellant District Court of Appeal of Florida, Fourth District na Foreclosure vacated on appeal. ISABEL MARGARITA GASCUE, Appellant, v. HSBC BANK, U.S.A., National Association as Trustee for the holders of DEUTSCHE, ALT-B Securities Mortgage Loan Trust, Series 2006-AB4 Mortgage Pass-Through Certificates, Appellee 4D10-1379 na 8/29/2012 www.mortgagedaily.com/LitigationForeclosuresFl090512
HSBC MORTGAGE SERVICES, INC et al Francis NAPOLI, Tanya Napoli U.S. District Court for the District of New Jersey na Judge rules NJ law required plaintiffs to have brought claims within foreclosure case itself. NAPOLI et al v. HSBC MORTGAGE SERVICES, INC et al 1:12-cv-00222 na 8/24/2012 www.mortgagedaily.com/LitigationTitleMers092512
JEAN LISVONSCE A/K/A LISVONCE JEAN, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR CREDIT SUISSE FINANCIAL CORPORATION, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, UNITED STATES OF AMERICA, NEW YORK CITY PARKING VIOLATIONS BUREAU CREDIT SUISSE FINANCIAL CORPORATION Supreme Court, Kings County, N.Y. na Plaintiff’s motion confirming referee’s report denied. CREDIT SUISSE FINANCIAL CORPORATION, Plaintiff, v. JEAN LISVONSCE A/K/A LISVONCE JEAN, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR CREDIT SUISSE FINANCIAL CORPORATION, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, UNITED STATES OF AMERICA, NEW YORK CITY PARKING VIOLATIONS BUREAU, Defendants 25368/07 na 8/14/2012 www.mortgagedaily.com/LitigationForeclosures091712
Johnnie A. Turner, et al., Appellee U.S. Bank, N.A., Appellant Court of Appeals of Ohio, Sixth District, Erie County $68,660 Dismissed foreclosure reversed on appeal. U.S. Bank, N.A., Appellant, v. Johnnie A. Turner, et al., Appellee E-11-059 na 6/27/2012 www.mortgagedaily.com/LitigationForeclosuresOH090612
KHYBER HOLDINGS, L.L.C. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR ENCORE CREDIT CORP. D/B/A ECC CREDIT CORPORATION OF TEXAS Court of Appeals of Texas, First District, Houston na Appellate court decision in favor of MERS. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR ENCORE CREDIT CORP. D/B/A ECC CREDIT CORPORATION OF TEXAS, Appellant, v. KHYBER HOLDINGS, L.L.C., Appellee 01-11-00045-CV na 8/9/2012 www.mortgagedaily.com/LitigationTitleMers092512
KRISTIN A. NAGEL NATIONAL CITY BANK District Court of Appeal of Florida, Fourth District na Foreclosure judgment reversed on appeal. NATIONAL CITY BANK, Appellant, v. KRISTIN A. NAGEL, et al., Appellee 4D11-3172 na 8/22/2012 www.mortgagedaily.com/LitigationTitle092512
Metropolitan Mortgage Group Inc.; IndyMac Bank, FSB; Mortgage Electornics Registration Systems; Regional Trustee Service; Fidelity National Title; and Doe Defendants 1 through 20, inclusive Kristin Bain Supreme Court of the State of Washington na Court rules that MERS can’t start foreclosure itself because it doesn’t hold the note the homeowner signed with the lender. Kristin Bain, Plaintiff, v. Metropolitan Mortgage Group Inc.; IndyMac Bank, FSB; Mortgage Electornics Registration Systems; Regional Trustee Service; Fidelity National Title; and Doe Defendants 1 through 20, inclusive, Defendants. | Kevin Selkowitz, in in No. 86206-1 consolidated with No. 86207-9 na 8/16/2012 www.mortgagedaily.com/LitigationTitleMers092512www.mortgagedaily.com/MctLawsuitMersWa081712
Michael Mayfield, Bonnie Mayfield Branch Banking and Trust Co. District Court of Appeal of Florida na Decision against plaintiff affirmed on appeal. na na na Q3 www.mortgagedaily.com/LitigationTitle092512
MONROE COUNTY TAX CLAIM BUREAU, AND ALL STATE ASSET MANAGEMENT, LLC FEDERAL HOME LOAN MORTGAGE CORPORATION U.S. District Court for the Middle District of Pennsylvania na Ruling in favor of plaintiff. FEDERAL HOME LOAN MORTGAGE CORPORATION, Plaintiff v. MONROE COUNTY TAX CLAIM BUREAU, AND ALL STATE ASSET MANAGEMENT, LLC, Defendants 1:11-cv-01678-JEJ na 7/30/2012 www.mortgagedaily.com/LitigationTitle092512
Mortgage Electronic Registration System, Inc. et al., Defendants-Appellees. State of Nevada, ex rel. Barrett R. Bates et al U.S. Court of Appeals for the Ninth Circuit na Dismissal of suit filed under the Nevada False Claims Act. State of Nevada, ex rel. Barrett R. Bates et al., Plaintiff-Appellant, v. Mortgage Electronic Registration System, Inc. et al., Defendants-Appellees. D.C. No. 3:10-CV-00407-VPC na 9/17/2012 www.mortgagedaily.com/LitigationTitleMers092512
Mortgage Electronic Registration System, Inc.; BANK OF AMERICA, NA; BANK OF AMERICA, NA, FKA Countrywide Home Loans, Inc.; CITIMORTGAGE, INC.; GMAC MORTGAGE LLC; JPMORGAN CHASE BANK; WELLS FARGO BANK, NA, BARRETT BATES, STATE OF CALIFORNIA ex rel. Barrett R. Bates, qui tam plaintiff, on behalf of real parties in interest, Alameda County, et al. U.S. Court of Appeals for the Ninth Circuit na Lower court ruling affirmed. BARRETT BATES, STATE OF CALIFORNIA ex rel. Barrett R. Bates, qui tam plaintiff, on behalf of real parties in interest, Alameda County, et al., Plaintiff-Appellant, v. Mortgage Electronic Registration System, Inc.; BANK OF AMERICA, NA; BANK OF AMERICA, NA, No. 11-15894 v. D.C. No. 2:10-cv-01429-GEB-CMK na 9/17/2012 www.mortgagedaily.com/LitigationTitleMers092512
MORTGAGE ELECTRONICS REGISTRATION SYSTEMS, LITTON LOAN SERVICING, NEW CENTURY MORTGAGE CORP, QUALITY LOAN SERVICE CORPORATION OF WASHINGTON, FIRST AMERICAN TITLE INSURANCE CO.. KEVIN SELKOWITZ Supreme Court of Washington, En Banc na Court rules that MERS can’t start foreclosure itself because it doesn’t hold the note the homeowner signed with the lender. KEVIN SELKOWITZ, an individual, Plaintiff, v. LITTON LOAN SERVICING, LP, a Delaware limited partnership; NEW CENTURY MORTGAGE CORPORATION, a California corporation; QUALITY LOAN SERVICE CORPORATION OF WASHINGTON, a Washington corporation; FIRST AMERICAN TITLE INSURANCE COMPANY, a Washington corporation; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation; and DOE Defendants 1 through 20, Defendants 86207-9 na 8/16/2012 www.mortgagedaily.com/MctLawsuitMersWa081712
Nadel Thomas Maryland Court of Appeals na Ruling that held that borrowers barred from raising purported irregularities in lender’s ownership of the mortgage debt by way of post-sale exceptions. Thomas v. Nadel na na Q3 www.mortgagedaily.com/LitigationForeclosures091712
Provident Funding Associates LLP Izell Reese, Raven Reese Court of Appeals of the State of Georgia, Superior Court Clerk of Cobb County na Appeals held that the name of the actual owner of a mortgage must be present in foreclosure filings and notices sent to delinquent borrowers. IZELL REESE V. PROVIDENT FUNDING ASSOCIATES, LLP A12A0619, 0917378 8/16/2011 7/12/2012 www.mortgagedaily.com/MctLawsuitForeclosureGa071412
ReconTrust Company, N. A. Bart G. Brandrup Supreme Court State of Oregon na Court accepted certified questions. Bart G. Brandrup v. ReconTrust Company, N. A. S060281 na 7/19/2013 www.mortgagedaily.com/LitigationTitleMers092512
Reyes and Rosa Lopez Federal National Mortgage Association District Court of the Fourth Judicial District of the State of Idaho na Ruling in favor of MERS and Fannie while third-party complaint dismissed. Federal National Mortgage Association, Plaintiff, vs. Reyes and Rosa Lopez, Defendants. | Reyes and Rosa Lopez, Third-Party Plaintiffs, vs. Federal National Mortgage Association, Trinity Home Mortgage Inc., Flagstar Bank FSB, Guaranty Title Inc., Mortgage CV-2010-1404 na 9/7/2012 www.mortgagedaily.com/LitigationTitleMers092512
Routh Crabtree Olsen, Routh Crabtree Olsen-Hawaii LLLC, Foreclosure Expeditors/Initiators LLC, Stephen Routh John Perkin na na Complaint recently filed. Class action certfification sought for estimated 700 to 800 residents na na August August www.mortgagedaily.com/MctLawsuitForeclosureHi080712
SUSHMA RAMBARAN,  MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Appellate Division of the Supreme Court of New York, Second Department na Denied motion of summary judgment affirmed on appeal. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ETC., respondent, v. SUSHMA RAMBARAN, ET AL., defendants, HSBC BANK USA, NA, ETC., appellant 2011-07723 na 7/25/2012 www.mortgagedaily.com/LitigationTitleMers092512
THE BANK OF NEW YORK MELLON, as Trustee for the Benefit of the Certificateholders Cwabs, Incorporated. Asset Backed Certificates, Series 2007-9; BAC HOME LOANS SERVICING, L.P.; MORTGAGE ELECTRONIC REGIS DR. JANE GRAYSON WIGGINTON U.S. Court of Appeals for the Fifth Circuit na Plaintiffs’ wrongful foreclosure complaint dismissed. DR. JANE GRAYSON WIGGINTON, Plaintiff – Appellant v. THE BANK OF NEW YORK MELLON, as Trustee for the Benefit of the Certificateholders Cwabs, Incorporated. Asset Backed Certificates, Series 2007-9; BAC HOME LOANS SERVICING, L.P.; MORTGAGE ELECTRONIC REGIS No.12-10136ty na Sept. 14 www.mortgagedaily.com/LitigationTitleMers092512
THOMAS W. CUTLER and ANN CUTLER U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006 BNC3 District Court of Appeal of Florida, Second District na Summary judgment in favor of plaintiff overturned on appeal. THOMAS W. CUTLER and ANN CUTLER, Appellants, v. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006 BNC3, Appellee 2D10-5709 na 9/21/2012 www.mortgagedaily.com/LitigationTitle092512
U.S. Bank N.A.  na na na Complaint recently filed. na na August August www.mortgagedaily.com/MctLawsuitForeclosureHi080712
Wells Fargo Bank N.A. na na na Complaint recently filed. na na August August www.mortgagedaily.com/MctLawsuitForeclosureHi080712
Wells Fargo Bank, N.A.; Federal National Mortgage Association Mary K. Hargrow; M.L. Hargrow, Jr. U.S. Court of Appeals for the Sixth Circuit na Dismissal of action affirmed. Mary K. Hargrow; M.L. Hargrow, Jr., Plaintiffs-Appellants, v. Wells Fargo Bank, N.A.; Federal National Mortgage Association, Defendants-Appellees 11-1806 na 7/3/2012 www.mortgagedaily.com/LitigationForeclosures091712
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