IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ORDER

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ORDER"

Transcription

1 Case 4:13-cv BSM Document 42 Filed 08/14/13 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION FELICIA D. TAYLOR PLAINTIFF v. CASE NO. 4:13CV00101 BSM MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., et al. DEFENDANTS ORDER Defendants corrected motion to dismiss [Doc. No. 22] is granted and this case is dismissed with prejudice. All pending motions are denied as moot. I. BACKGROUND This case arises from foreclosure proceedings initiated against Felicia Taylor s residence in Conway, Arkansas. Taylor bought the property in 2006 and executed an adjustable rate note and adjustable rate rider in favor of her lender, defendant Countrywide Home Loans Inc. ( Countrywide ). Compl. [Doc. No. 2], pgs (adjustable rate note), and pgs (adjustable rate rider). As security for the note and loan, Taylor executed a mortgage in favor of Countrywide, which names defendant Mortgage Electronic Registration Systems, Inc. ( MERS ) as the mortgagee acting solely as a nominee in favor of Countrywide and Countrywide s successors assigns. Id. at (mortgage). The mortgage was recorded on April 3, 2006, as Doc. No in the land records of Faulkner County, Arkansas. On September 30, 2010, MERS, acting in its capacity as nominee for Countrywide, the assignor, assigned the mortgage, note, and underlying debt to defendant U.S. Bank

2 Case 4:13-cv BSM Document 42 Filed 08/14/13 Page 2 of 9 National Association, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2006-CW2 ( U.S. Bank ). Id. at 15. The assignment was recorded in the Faulkner County land records as Doc. No Id. at (assignment). Soon thereafter, Taylor filed for bankruptcy. Id. at 23. Defendant BAC Home Loans Servicing LP, as servicer of the note and mortgage, filed a Motion for Relief From Stay and Motion to Abandon Fee in Taylor s bankruptcy case. Id. The purpose of this motion was to institute non-judicial foreclosure proceedings against Taylor s residence. Id. A consent decree was entered on April 13, 2011, in which defendants MERS and Bank of America NA ( Bank of America ), as successor by merger to BAC Home Loans Servicing, agreed to review all pending foreclosures, implement loan modification procedures, and cease from hiring attorneys who file forged documents, and stop engaging in robo-signings (sic) and other false (sic) documents. Compl., 25. Although the allegations in Taylor s complaint do not provide any further detail as to the subsequent steps taken in the non-judicial foreclosure process, those details can be derived from the notice of foreclosure letter Taylor attached to her complaint. Id. at pgs That letter, which was mailed to Taylor on September 7, 2012, by defendant Bank of America, notifies her that she is in default on the note held by U.S. Bank, provides her with options to potentially avoid foreclosure, and advises her to contact Bank of America, the servicer of the note and mortgage as successor by merger to BAC Home Loans Servicing. Defendants have also submitted a notice of default that was mailed to Taylor by attorneys for U.S. Bank on November 21, 2012 and recorded in the Faulkner County land records as 2

3 Case 4:13-cv BSM Document 42 Filed 08/14/13 Page 3 of 9 Doc. No [Doc. No. 22-4]. The notice informs Taylor of U.S. Bank s intention to sell the property by auction at the Faulkner County courthouse on February 1, 2013, unless she takes immediate action to prevent foreclosure. On January 31, 2013, the day before the scheduled foreclosure auction, Taylor filed this action in Arkansas state court and obtained a temporary restraining order enjoining the foreclosure sale. [Doc. No. 1], pg. 69. Defendants then removed the case based on federal diversity jurisdiction. In the complaint, Taylor claims that defendants have no valid interest in the property and no right to foreclose. She seeks a declaratory judgment to that effect and an injunction preventing foreclosure. Taylor also alleges that defendants violated the Fair Debt Collection Practices Act, the Truth in Lending Act, the Real Estate Settlement Procedures Act, Arkansas securities laws, and the Arkansas Statutory Foreclosure Act. Defendants now move to dismiss. II. MOTION TO DISMISS STANDARD Dismissal is proper where the plaintiff s complaint fails to state a claim upon which relief can be granted. Schaaf v. Residential Funding Corp., 517 F.3d 544, 549 (8th Cir. 2008) (citing Fed. R. Civ. P. 12(b)(6)). Accepting as true all of the factual allegations contained therein, the court must review the complaint to determine whether its allegations show that the pleader is entitled to relief. Id. The plaintiff need not prove specific facts in support of their allegations, but... must provide the grounds on which the claim rests, and...raise a right to relief above a speculative level. Id. (internal citations omitted). While detailed factual allegations are not required, the complaint must contain sufficient factual 3

4 Case 4:13-cv BSM Document 42 Filed 08/14/13 Page 4 of 9 matter to state a plausible claim for relief on its face. Ashcroft v. Iqbal, 556 U.S. 662, 663 (2009) (citing to Fed. R. Civ. P. 8(a)(2) and Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). A claim has facial plausability when the pleaded factual content allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. Id. Determining whether a complaint states a plausible claim is context-specific, requiring the reviewing court to draw on its experience and common sense. Id., at In addressing a motion to dismiss, the court may consider the pleadings themselves, materials embraced by the pleadings, exhibits attached to the pleadings, and matters of public record. Illig v. Union Elec. Co., 652 F.3d 971, 976 (8th Cir. 2011). III. DISCUSSION Defendants motion to dismiss is granted. A. Claims for Declaratory and Injunctive Relief Taylor does not appear to contest that she defaulted on her loan. Instead, she argues that U.S. Bank has no right to foreclose on her property because the assignment executed by MERS, as nominee for Countrywide, was invalid under Mortgage Electronic Registration System v. Southwest Homes of Arkansas, 301 S.W. 3d 1 (Ark. 2009). Taylor relies on that case for the proposition that MERS cannot be a mortgagee in the State of Arkansas. Compl., 10. Notwithstanding whether Taylor even has standing to challenge the validity of the assignment to U.S. Bank, her argument fails because it misunderstands the holding of 4

5 Case 4:13-cv BSM Document 42 Filed 08/14/13 Page 5 of 9 Southwest Homes. In that case, the Arkansas Supreme Court recognized that MERS acts as an agent to preserve the rights of lenders, known as MERS members, who pay MERS an annual fee to register and track their security instruments through the MERS electronic registry system. Southwest Homes, 301 S.W.3d at 3-4. The Arkansas Supreme Court held that due to the existence of this agent-principal relationship, MERS s authority to act to preserve a lender s rights under a registered security instrument is limited to the scope of authority conferred on MERS by that principal-lender. Id. ( We specifically reject the notion that MERS may act on its own, independent of the direction of the specific lender who holds the repayment interest in the security instrument at the time MERS purports to act. ). Citing Southwest Homes, this district rejected an argument very similar to that raised by Taylor in Coley v. Accredited Home Lenders, Inc., 2011 WL *2-3 (E.D. Ark. 2011). The plaintiffs in Coley sought to enjoin foreclosure of their residence, arguing that the mortgage which named MERS the mortgagee as nominee for the plaintiffs lender was improperly assigned by MERS to HSBC, the party attempting to foreclose. Coley, 2011 WL at *2. The assignment was upheld as valid because it was determined that MERS had authority from plaintiffs lender to assign the mortgage and note. Id. This authority was grounded in language in the security agreement which granted MERS the right: to exercise any or all of [plaintiffs lender s] interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and cancelling this Security Instrument. Id. at *3. It was concluded that [because] the exhibits attached to the complaint indicate that MERS acted within its role as 5

6 Case 4:13-cv BSM Document 42 Filed 08/14/13 Page 6 of 9 agent when it transferred the note and mortgage from its principal to HSBC[,] [...] HSBC was within its rights in attempting to collect on the mortgage, and the claims against it must be dismissed. Id. at *4. The mortgage agreement attached to Taylor s complaint contains identical language to that in Coley, stating: Borrower [Taylor] understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but if necessary to comply with law or custom, MERS (as nominee for Lender [Countrywide] and Lender s successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and cancelling this Security Instrument. Compl., pg. 25 (emphasis added). As found in Coley, this language evidences the authority of MERS, as agent for Countrywide, to assign the mortgage and note to U.S. Bank. This authority is further revealed by the assignment itself, which expressly indicates it is executed by MERS as Nominee for Countrywide, the assignor. Compl., pg. 43. Because MERS properly acted within its scope as agent and nominee for Countrywide when it assigned the note and mortgage to U.S. Bank, the assignment is valid under Southwest Homes. Taylor therefore has failed to state a plausible basis to support her claim for a declaration that defendants have no rights in the property and for an injunction preventing foreclosure. Those claims are dismissed for failure to state a claim on which relief can be granted. B. Statutory Claims Taylor s remaining claims consist of blanket and conclusory allegations that all of the defendants violated an array of federal and Arkansas lending and real estate laws. First, 6

7 Case 4:13-cv BSM Document 42 Filed 08/14/13 Page 7 of 9 Taylor alleges that defendants failed to comply with the Fair Debt Collection Practices Act and the Arkansas Statutory Foreclosure Act, Ark. Code Ann , et seq. Taylor, however, does not identify any specific provision that was violated or any specific act of a defendant that would support a violation of either of those acts. Compl., 35. While understanding that Taylor is proceeding pro se, these broad, conclusory allegations fail to support a plausible claim for relief. Second, Taylor alleges that defendants violated the Truth in Lending Act (TILA) by: (1) failing to validate and otherwise make a full accounting and required disclosures as to the true finance charges and fees; (2) improperly retaining funds belonging to Taylor in amounts to be determined; and (3) failing to disclose the ownership status of the loan. Compl., 37. Taylor seeks rescission of the loan and return of all funds she has paid to defendants. These allegations and claims are essentially the same as those made in Whatley v. Reconstrust Co. NA, 2010 WL *4 (E.D. Ark. Nov. 23, 2010), and are dismissed for the same reasons stated there. Namely, Taylor s allegations fail to support a plausible claim for relief under TILA because: The Complaint fails to cite specific statutory requirements or allege specific conduct of individual Defendants violating these requirements. Plaintiff does not specify what required disclosures Defendants have failed to provide or which Defendants were required to provide them. Plaintiff does not specify which funds have been improperly retained by which Defendants. Plaintiff does not identify the authority requiring Defendants to disclose the status of the ownership of the loan. As a result, it does not set forth a cognizable legal theory and cannot survive Defendant's motion to dismiss. Id. Furthermore, Taylor s claims for damages and rescission under TILA are time-barred. 7

8 Case 4:13-cv BSM Document 42 Filed 08/14/13 Page 8 of 9 Those claims are subject to 1-year and 3-year limitations periods, respectively, which run from the date of the consummation of the transaction. Id. Taylor consummated the secured loan transaction with Countrywide when she signed the loan and mortgage documents dated March 17, Compl., 3, and pgs. 23 and 45. Her complaint was filed almost six years later on January 31, 2006, and therefore, both the damages and rescission claims are time barred. Third, Taylor alleges defendants violated the Real Estate Settlement Procedures Act ( RESPA ) because they placed loans for the purpose of unlawfully increasing and otherwise obtaining yield spread fees, excess charges and amounts in excess of what would have been lawfully earned. Compl., 39. Like her other statutory claims, Taylor fails to allege any specific action or fact relating to a particular defendant and fails to specify which statutory provisions were violated. Taylor also claims that defendants failed to comply with RESPA because the defendants who were servicers of the mortgage loan documents did not provide timely notice that the mortgage and note were transferred, as required by 12 U.S.C. Section 2605(b). This claim fails because Taylor does not allege that this alleged notice violation proximately caused her any damages and a plaintiff who alleges a breach of 2605 without alleging damages fails to state a cause of action. McWilliams v. Chase Home Finance, LLC, 2010 WL *4 (E.D. Mo. May 4, 2010). Finally, Taylor alleges defendants violated Arkansas securities laws, Ark. Code. Ann through , by fraudulent sales of previously sold and securitized [...] notes when in fact they are not selling them, merely transferring the collection rights 8

9 Case 4:13-cv BSM Document 42 Filed 08/14/13 Page 9 of 9 under the servicing agreement. Compl., 32. Again, Taylor fails to specify the statutory provisions that have been violated or any actions or facts relating to a particular defendant that would support a violation. Like the other statutory claims, this claim is dismissed for failure to state a claim upon which relief can be granted. IV. CONCLUSION For the reasons stated above, defendants corrected motion to dismiss [Doc. No. 22] is granted and this case is dismissed with prejudice. All pending motions are denied as moot. IT IS SO ORDERED this 14th day of August UNITED STATES DISTRICT JUDGE 9

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA Case :-cv-00-kjd-pal Document Filed // Page of UNITED STATES DISTRICT COURT DISTRICT OF NEVADA SERGIO A. MEDINA, v. Plaintiff, QUALITY LOAN SERVICE CORPORATION, et al., Defendants. Case No. -CV-00-KJD-PAL

More information

Case: Document: Filed: 03/18/2013 Page: 1. NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 13a0272n.06. No.

Case: Document: Filed: 03/18/2013 Page: 1. NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 13a0272n.06. No. Case: 11-2178 Document: 006111624068 Filed: 03/18/2013 Page: 1 NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 13a0272n.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT HAIFA GORYOKA, v. Plaintiff-Appellant,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION Case 1:11-cv-01562-MHS Document 18 Filed 01/13/12 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION KENNETH D. CHESTER, Plaintiff, CIVIL ACTION FILE

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Presently before the court are the Motions to Dismiss

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Presently before the court are the Motions to Dismiss Michael Bowe v. American Mortgage Network, Inc. et al Doc. 1 O NO JS- UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 1 1 1 1 1 1 1 MICHAEL BOWE, v. Plaintiff, AMERICAN MORTGAGE NETWORK, INC.;

More information

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA Case :0-cv-00-KJD-GWF Document Filed 0/0/ Page of UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 0 THE UNITED STATES OF AMERICA ex rel. CHARLES JAJDELSKI, v. Plaintiff/Relator, KAPLAN, INC., Defendant.

More information

1:12-cv-12580-TLL-CEB Doc # 14 Filed 01/11/13 Pg 1 of 8 Pg ID 545 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

1:12-cv-12580-TLL-CEB Doc # 14 Filed 01/11/13 Pg 1 of 8 Pg ID 545 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION 1:12-cv-12580-TLL-CEB Doc # 14 Filed 01/11/13 Pg 1 of 8 Pg ID 545 DAVID SALEWSKE and SHARON SALEWSKE, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION Plaintiffs, Case Number

More information

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JOEL JOHNSON, a single person, Plaintiff-Appellant, v. FEDERAL HOME LOAN MORTGAGE CORPORATION, a foreign corporation, Defendant-Appellee.

More information

March 16, 2010. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS

March 16, 2010. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS United States District Court, S.D. California. Harriet DAVIDSON, Plaintiff, v. COUNTRYWIDE HOME LOANS, INC., BAC Home Loans Servicing, LP, Mortgage Electronic Registration System, Inc., Landsafe Title

More information

2:12-cv-12017-SJM-MAR Doc # 9 Filed 03/31/13 Pg 1 of 8 Pg ID 391 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:12-cv-12017-SJM-MAR Doc # 9 Filed 03/31/13 Pg 1 of 8 Pg ID 391 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2:12-cv-12017-SJM-MAR Doc # 9 Filed 03/31/13 Pg 1 of 8 Pg ID 391 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DONALD L. DUBUQUE, et al. Plaintiffs, v. FEDERAL NATIONAL MORTGAGE

More information

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA HARRISONSBURG DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA HARRISONSBURG DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA HARRISONSBURG DIVISION WYNN S EXTENDED CARE, INC., Plaintiff, Civil Action No.: 5:13-cv-00114 v. PENNY L. BRADLEY, By: Hon. Michael

More information

United States Court of Appeals For the Eighth Circuit

United States Court of Appeals For the Eighth Circuit United States Court of Appeals For the Eighth Circuit No. 11-3751 Christopher Freitas; Diane Freitas lllllllllllllllllllll Plaintiffs - Appellants v. Wells Fargo Home Mortgage, Inc., doing business as

More information

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA CHARLOTTESVILLE DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA CHARLOTTESVILLE DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA CHARLOTTESVILLE DIVISION SARAH C. YARNEY, Plaintiff, CASE NO. 3:09-cv-00050 v. MEMORANDUM OPINION WELLS FARGO BANK, N.A. ET AL,

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) ) ) ) ) ) ) Case:0-cv-00-LHK Document Filed0//0 Page of **E-Filed 0//00** 0 0 JEFFREY SCHULKEN, et al., v. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Plaintiffs, WASHINGTON MUTUAL BANK, HENDERSON,

More information

Case 2:13-cv-03323-LMA-DEK Document 13 Filed 08/23/13 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ORDER AND REASONS

Case 2:13-cv-03323-LMA-DEK Document 13 Filed 08/23/13 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ORDER AND REASONS Case 2:13-cv-03323-LMA-DEK Document 13 Filed 08/23/13 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA EXPRESS LIEN INC. CIVIL ACTION VERSUS No. 13-3323 NATIONAL ASSOCIATION OF CREDIT

More information

Case: 1:11-cv-07802 Document #: 48 Filed: 03/12/14 Page 1 of 7 PageID #:<pageid>

Case: 1:11-cv-07802 Document #: 48 Filed: 03/12/14 Page 1 of 7 PageID #:<pageid> Case: 1:11-cv-07802 Document #: 48 Filed: 03/12/14 Page 1 of 7 PageID #: IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION VONZELL WHITE, Plaintiff, Case

More information

Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9. United States District Court District of Massachusetts MEMORANDUM & ORDER

Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9. United States District Court District of Massachusetts MEMORANDUM & ORDER Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9 WESTERN WORLD INSURANCE COMPANY, INC., Plaintiff, v. JAMES CZECH and WILLIAMS BUILDING COMPANY, INC., Defendants. United States District Court

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case :-cv-000-l-blm Document 0 Filed 0 Page of 0 0 IN RE: ELEAZAR SALAZAR, Debtor, U.S. BANK NATIONAL ASSOCIATION, v. ELEAZAR SALAZAR, Appellant, Appellee. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT

More information

Case 1:08-cv-03178-JEI-KMW Document 31 Filed 06/05/2009 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Case 1:08-cv-03178-JEI-KMW Document 31 Filed 06/05/2009 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY Case 1:08-cv-03178-JEI-KMW Document 31 Filed 06/05/2009 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ARTHUR R. and JANE M. TUBBS, : individually and on behalf of : others similarly

More information

Case 3:15-cv-00333-JLH Document 39 Filed 04/13/16 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION

Case 3:15-cv-00333-JLH Document 39 Filed 04/13/16 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION Case 3:15-cv-00333-JLH Document 39 Filed 04/13/16 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION NUCOR STEEL-ARKANSAS; and NUCOR-YAMATO STEEL COMPANY PLAINTIFFS

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiff,

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiff, Washington v. Vericrest Financial, Inc. et al Doc. 1 1 1 1 0 1 TIFFANI WASHINGTON, vs. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Plaintiff, VERICREST FINANCIAL, INC., a Delaware corporation

More information

FEDERAL DEPOSIT INSURANCE CORPORATION v. ST. LOUIS TITLE, LLC, Dist...

FEDERAL DEPOSIT INSURANCE CORPORATION v. ST. LOUIS TITLE, LLC, Dist... Page 1 of 5 FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for AmTrust Bank, Plaintiff, v. ST. LOUIS TITLE, LLC, Defendants. No. 4:13 CV 1078 RWS. United States District Court, E.D. Missouri, Eastern

More information

Roger Parker v. Countrywide Home Loans, Inc.

Roger Parker v. Countrywide Home Loans, Inc. 2011 Decisions Opinions of the United States Court of Appeals for the Third Circuit 10-7-2011 Roger Parker v. Countrywide Home Loans, Inc. Precedential or Non-Precedential: Non-Precedential Docket No.

More information

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 13-3297. THOMAS I. GAGE, Appellant

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 13-3297. THOMAS I. GAGE, Appellant Case: 13-3297 Document: 003111509247 Page: 1 Date Filed: 01/16/2014 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 13-3297 THOMAS I. GAGE, Appellant v. WELLS FARGO BANK, N.A., AS; MR. LUKE ANDERSEN;

More information

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA * * *

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA * * * Case :0-cv-0-RLH -PAL Document Filed 0// Page of 0 0 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA * * * RIGHTHAVEN, LLC, a Nevada limitedliability company, Plaintiff, vs. THOMAS A. DIBIASE, an individual,

More information

2:13-cv-11283-GAD-LJM Doc # 6 Filed 04/03/13 Pg 1 of 6 Pg ID 174 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:13-cv-11283-GAD-LJM Doc # 6 Filed 04/03/13 Pg 1 of 6 Pg ID 174 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2:13-cv-11283-GAD-LJM Doc # 6 Filed 04/03/13 Pg 1 of 6 Pg ID 174 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TOM E. FARNSWORTH and PAMELA FARNSWORTH, Plaintiffs, v NATIONSTAR

More information

Case 4:14-cv-10200-DHH Document 26 Filed 10/21/14 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Case 4:14-cv-10200-DHH Document 26 Filed 10/21/14 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Case 4:14-cv-10200-DHH Document 26 Filed 10/21/14 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) NANCY AMORELLO, ) PETER AMORELLO, ) Plaintiffs, ) ) ) v. ) CIVIL ACTION ) NO. 14-10200-DHH

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS ORDER GRANTING DEFENDANTS MOTION TO DISMISS BUT GRANTING PLAINTIFFS LEAVE TO AMEND

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS ORDER GRANTING DEFENDANTS MOTION TO DISMISS BUT GRANTING PLAINTIFFS LEAVE TO AMEND The relief described hereinbelow is SO ORDERED. SIGNED this 19th day of July, 2012. In re: IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS PAUL NELSON and Case No. 11-20848 CASSANDRA FORD-NELSON,

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2:11-cv-12756-PJD-MAR Doc # 40 Filed 03/29/12 Pg 1 of 13 Pg ID 1194 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CAROL LEE WRIGHT, v. Plaintiff, Case No. 11-12756 Honorable

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS JOHN DAUGHERTY and CYNTHIA DAUGHERTY, Plaintiffs, CIVIL ACTION v. No. 09-2523-KHV PULTE HOMES OF GREATER KANSAS CITY, Defendant. MEMORANDUM

More information

Case 2:14-cv-02386-MVL-DEK Document 33 Filed 04/14/15 Page 1 of 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Case 2:14-cv-02386-MVL-DEK Document 33 Filed 04/14/15 Page 1 of 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA Case 2:14-cv-02386-MVL-DEK Document 33 Filed 04/14/15 Page 1 of 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA KIRSTEN D'JUVE CIVIL ACTION VERSUS NO: 14-2386 AMERICAN MODERN HOME INSURANCE

More information

IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO BUTLER COUNTY

IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO BUTLER COUNTY [Cite as BAC Home Loans Servicing, LP v. Mapp, 2013-Ohio-2968.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO BUTLER COUNTY BAC HOME LOANS SERVICING, L.P., : CASE NO. CA2013-01-001 Plaintiff-Appellee,

More information

Case 2:10-cv-00802-CW Document 90 Filed 02/02/15 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION

Case 2:10-cv-00802-CW Document 90 Filed 02/02/15 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION Case 2:10-cv-00802-CW Document 90 Filed 02/02/15 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION MURIELLE MOLIERE, Plaintiff, v. OPTION ONE MORTGAGE, et al., Defendants.

More information

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA. Norfolk Division. This matter comes before the court on defendant Autonomy Corp.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA. Norfolk Division. This matter comes before the court on defendant Autonomy Corp. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division FILED APR 2 6 2011 ADISCOV, L.L.C., Plaintiff, CLERK. U.S. DISTRICT COUHT Uny.l e'.i K VA v. Civil No. 2:llcv201 AUTONOMY

More information

NOT RECOMMENDED FOR PUBLICATION File Name: 14a0721n.06. No. 13-2126 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) ) ) ) ) ) ) ) ) ) )

NOT RECOMMENDED FOR PUBLICATION File Name: 14a0721n.06. No. 13-2126 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) ) ) ) ) ) ) ) ) ) ) NOT RECOMMENDED FOR PUBLICATION File Name: 14a0721n.06 No. 13-2126 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT PATRICK RUGIERO, v. Plaintiff-Appellee, NATIONSTAR MORTGAGE, LLC; FANNIE MAE; MORTGAGE

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS. In re: RANDALL SCOTT JONES, Case No. 13-20861-11 Debtor. v. Adv. No.

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS. In re: RANDALL SCOTT JONES, Case No. 13-20861-11 Debtor. v. Adv. No. The relief described hereinbelow is SO ORDERED. SIGNED this 25th day of April, 2014. IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS In re: RANDALL SCOTT JONES, Case No. 13-20861-11 Debtor.

More information

Case: 1:10-cv-02125 Document #: 55 Filed: 02/03/11 Page 1 of 9 PageID #:411

Case: 1:10-cv-02125 Document #: 55 Filed: 02/03/11 Page 1 of 9 PageID #:411 Case: 1:10-cv-02125 Document #: 55 Filed: 02/03/11 Page 1 of 9 PageID #:411 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION GUARANTEE TRUST LIFE ) INSURANCE COMPANY, ) ) Plaintiff,

More information

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 14a0122n.06. No. 13-1699 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 14a0122n.06. No. 13-1699 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 14a0122n.06 No. 13-1699 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT JELANI JABARI AND LESSIE E. JABARI Plaintiffs-Appellants, v. FANNIE MAE

More information

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO ORDER

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO ORDER Case 1:12-cv-00254-LMB Document 35 Filed 02/21/13 Page 1 of 14 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO GREGORY NEMITZ, v. Plaintiff, FIRST HORIZON HOME LOAN CORPORATION; MORTGAGE REGISTRATION

More information

IN THE UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION

IN THE UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION IN THE UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION NATACHE D. RINEGARD-GUIRMA, Plaintiff, Civil Case No. 10-1065-PK OPINION AND ORDER v. BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR

More information

Case 5:06-cv-00503-XR Document 20 Filed 09/28/06 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Case 5:06-cv-00503-XR Document 20 Filed 09/28/06 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION Case 5:06-cv-00503-XR Document 20 Filed 09/28/06 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION UNITED STATES OF AMERICA, VS. Plaintiff, HENRY D. GOLTZ, EVANGELINA

More information

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In Re: Jason D. Misleh, Case Number: 15-41721 Debtor. Chapter 13 Honorable Mark A. Randon / I. INTRODUCTION OPINION AND ORDER

More information

Remedial Action in Texas: Foreclosure and Recent Litigation

Remedial Action in Texas: Foreclosure and Recent Litigation Remedial Action in Texas: Foreclosure and Recent Litigation Kari Robinson John Barnes 713.286.7161 713.210.7441 klrobinson@bakerdonelson.com jbarnes@bakerdonelson.com Kat Statman 713.210.7443 kstatman@bakerdonelson.com

More information

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Case 1:15-cv-00813-RHB-PJG ECF No. 24 filed 12/31/15 Page 1 of 13 PageID.501 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PHILIP HIMMELEIN, v. Plaintiff, FEDERAL

More information

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX Filed 6/9/14 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX SAEED KESHTGAR, Plaintiff and Appellant, 2d Civil No. B246193 (Super. Ct.

More information

6:14-cv-00506-RAW Document 42 Filed in ED/OK on 05/18/15 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA ORDER

6:14-cv-00506-RAW Document 42 Filed in ED/OK on 05/18/15 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA ORDER 6:14-cv-00506-RAW Document 42 Filed in ED/OK on 05/18/15 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA AMERICAN MODERN HOME INSURANCE COMPANY, Plaintiff, v. Case

More information

Case 1:11-cv-00911-RHB Doc #48 Filed 08/09/12 Page 1 of 9 Page ID#1233

Case 1:11-cv-00911-RHB Doc #48 Filed 08/09/12 Page 1 of 9 Page ID#1233 Case 1:11-cv-00911-RHB Doc #48 Filed 08/09/12 Page 1 of 9 Page ID#1233 LOWN COMPANIES, LLC, UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION v. Plaintiff, PIGGY PAINT,

More information

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION JUAN RIVAS and YRIS NUNEZ, v. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Plaintiffs-Appellants, HOMECOMING FINANCIALS NETWORK, INC., OCWEN LOAN SERVICING, MERS (MIN#100062604289336184),

More information

Case 3:13-cv-01004-P-BN Document 10 Filed 03/15/13 Page 1 of 7 PageID 78

Case 3:13-cv-01004-P-BN Document 10 Filed 03/15/13 Page 1 of 7 PageID 78 Case 3:13-cv-01004-P-BN Document 10 Filed 03/15/13 Page 1 of 7 PageID 78 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION YVONNE BROWN, ET AL., Plaintiffs, V. No. 3:13-cv-1004-P-BN

More information

Case 2:06-cv-02026-CM Document 114 Filed 03/10/09 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 2:06-cv-02026-CM Document 114 Filed 03/10/09 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 2:06-cv-02026-CM Document 114 Filed 03/10/09 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS ) METROPOLITAN LIFE INSURANCE ) COMPANY, ) ) Plaintiff, ) ) CIVIL ACTION v.

More information

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-12-00691-CV Grace Shamel and Stephen Shamel, Appellants v. Specialized Loan Servicing, LLC; Deutsche Bank National Trust Company, as Indenture Trustee

More information

Plaintiffs, OPINION. This matter comes before the Court upon the motion [D.E. 17] brought by defendant

Plaintiffs, OPINION. This matter comes before the Court upon the motion [D.E. 17] brought by defendant Case 2:09-cv-03549-KSH-PS Document 36 Filed 06/17/10 Page 1 of 13 Not for Publication UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY PAUL KILEY and CRISTINA R. KILEY, on behalf of themselves and all

More information

CASE 0:13-cv-01943-DSD-JSM Document 71 Filed 08/18/14 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 13-1943(DSD/JSM)

CASE 0:13-cv-01943-DSD-JSM Document 71 Filed 08/18/14 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 13-1943(DSD/JSM) CASE 0:13-cv-01943-DSD-JSM Document 71 Filed 08/18/14 Page 1 of 10 Angela N. Ikeri and Augustine C. Onuoha, UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 13-1943(DSD/JSM) Plaintiffs, v. ORDER Sallie

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS THERESA L. SPEIGHT, Plaintiff, vs. Case No. 13-cv-1190-JAR-KGG SONIC RESTAURANTS, INC., Defendant. MEMORANDUM AND ORDER Plaintiff filed this

More information

Case 1:14-cv-00084-SPB Document 13 Filed 03/25/15 Page 1 of 7

Case 1:14-cv-00084-SPB Document 13 Filed 03/25/15 Page 1 of 7 Case 1:14-cv-00084-SPB Document 13 Filed 03/25/15 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA NIGEL PARMS, ) Plaintiff ) C.A. 14-84 Erie ) v. ) ) Magistrate

More information

2:12-cv-13223-AC-DRG Doc # 16 Filed 01/16/13 Pg 1 of 18 Pg ID 558 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:12-cv-13223-AC-DRG Doc # 16 Filed 01/16/13 Pg 1 of 18 Pg ID 558 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2:12-cv-13223-AC-DRG Doc # 16 Filed 01/16/13 Pg 1 of 18 Pg ID 558 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ANDREWS ACHEAMPONG, Plaintiff, vs. Case No. 12-13223 BANK OF

More information

Case 3:11-cv-01242-N Document 6 Filed 06/29/11 Page 1 of 5 PageID 20

Case 3:11-cv-01242-N Document 6 Filed 06/29/11 Page 1 of 5 PageID 20 Case 3:11-cv-01242-N Document 6 Filed 06/29/11 Page 1 of 5 PageID 20 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION SENRICK SHERN WILKERSON, ) Plaintiff, ) ) v.

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION. v. Case No: 2:15-cv-219-FtM-29DNF OPINION AND ORDER

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION. v. Case No: 2:15-cv-219-FtM-29DNF OPINION AND ORDER Houston Specialty Insurance Company v. Titleworks of Southwest Florida, Inc. et al Doc. 20 HOUSTON SPECIALTY INSURANCE COMPANY, Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS

More information

2:11-cv-15364-VAR-RSW Doc # 19 Filed 02/28/13 Pg 1 of 10 Pg ID 283 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:11-cv-15364-VAR-RSW Doc # 19 Filed 02/28/13 Pg 1 of 10 Pg ID 283 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2:11-cv-15364-VAR-RSW Doc # 19 Filed 02/28/13 Pg 1 of 10 Pg ID 283 DAVID ZEMER, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION v. Plaintiff, CASE NUMBER: 11-15364 HONORABLE

More information

Case 2:10-cv-11476-DPH-RSW Document 14 Filed 01/13/11 Page 1 of 11 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Case 2:10-cv-11476-DPH-RSW Document 14 Filed 01/13/11 Page 1 of 11 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Case 2:10-cv-11476-DPH-RSW Document 14 Filed 01/13/11 Page 1 of 11 EDWARD BARTER and ALANA BARTER, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Plaintiffs, CASE NO. 10-11476

More information

Case 2:11-cv-01433-ECR -GWF Document 88 Filed 09/25/12 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Case 2:11-cv-01433-ECR -GWF Document 88 Filed 09/25/12 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA Case :-cv-0-ecr -GWF Document Filed 0// Page of 0 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 0 EMAIL LINK CORP., ) :-cv-0-ecr-gwf ) Plaintiff, ) Order ) vs. ) ) TREASURE ISLAND, LLC; WYNN ) RESORTS,

More information

Case 0:12-cv-60597-JIC Document 108 Entered on FLSD Docket 04/23/13 12:33:23 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 0:12-cv-60597-JIC Document 108 Entered on FLSD Docket 04/23/13 12:33:23 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case 0:12-cv-60597-JIC Document 108 Entered on FLSD Docket 04/23/13 12:33:23 Page 1 LISA KOWALSKI, a Florida resident, v. Plaintiff/Counterdefendant, JACKSON NATIONAL LIFE INSURANCE COMPANY, a Michigan

More information

Case 2:11-cv-03070-WHW -MCA Document 17 Filed 09/26/11 Page 1 of 6 PageID: 199 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Case 2:11-cv-03070-WHW -MCA Document 17 Filed 09/26/11 Page 1 of 6 PageID: 199 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY Case 211-cv-03070-WHW -MCA Document 17 Filed 09/26/11 Page 1 of 6 PageID 199 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY KERRY FEDER, on behalf of herself and the putative class, Plaintiffs, WILLIAMS-SONOMA

More information

F I L E D September 13, 2011

F I L E D September 13, 2011 Case: 10-11190 Document: 00511600940 Page: 1 Date Filed: 09/13/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D September 13, 2011

More information

2:13-cv-12550-GAD-MKM Doc # 12 Filed 08/20/13 Pg 1 of 10 Pg ID 315 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:13-cv-12550-GAD-MKM Doc # 12 Filed 08/20/13 Pg 1 of 10 Pg ID 315 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2:13-cv-12550-GAD-MKM Doc # 12 Filed 08/20/13 Pg 1 of 10 Pg ID 315 EXPERTS, LLC, a Michigan Limited Liability Company, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Plaintiff,

More information

: : : : : : : : : : : : Appellants

: : : : : : : : : : : : Appellants 2009 PA Super 163 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR AMERICAN HOME MORTGAGE ACCEPTANCE, INC., D/B/A AMERICAN HOME MORTGAGE SERVICING, INC., KENNETH L. RALICH AND KAREN R. RALICH,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND Case 1:15-cv-00925-JFM Document 24 Filed 09/02/15 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND * FRANK TRIONFO, et al., * * v. * Civil No. JFM-15-925 * BANK OF AMERICA,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. MEMORANDUM Padova, J. September 21, 2011

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. MEMORANDUM Padova, J. September 21, 2011 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA NATHANIEL JOHNSON, Individually and as : CIVIL ACTION Heir to the Estate of Josie Johnson, Deceased : : v. : : METLIFE BANK,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) I. INTRODUCTION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) I. INTRODUCTION Case 1:09-cv-00533-JMS -KSC Document 125 Filed 05/10/10 Page 1 of 7 PageID #: 1321 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII DARRELL WILLIAM WHEELER, individually; DARRELL WILLIAM

More information

NONJUDICIAL FORECLOSURE OF MERS TRUST DEEDS AFTER BRANDRUP AND NIDAY

NONJUDICIAL FORECLOSURE OF MERS TRUST DEEDS AFTER BRANDRUP AND NIDAY NONJUDICIAL FORECLOSURE OF MERS TRUST DEEDS AFTER BRANDRUP AND NIDAY OREGON STATE BAR Real Estate and Land Use Section 2013 Annual Conference Bend, Oregon Presented by Patricia A. Ihnat, Fidelity National

More information

STATE OF MICHIGAN MACOMB COUNTY CIRCUIT COURT. Case No. 2012-4691-CH OPINION AND ORDER

STATE OF MICHIGAN MACOMB COUNTY CIRCUIT COURT. Case No. 2012-4691-CH OPINION AND ORDER STATE OF MICHIGAN MACOMB COUNTY CIRCUIT COURT JOHN E. BUTERBAUGH and CARRIE BUTERBAUGH, Plaintiffs, vs. Case No. 2012-4691-CH SELENE FINANCIAL, LP, JPMORGAN MORTGAGE ACQUISITION CORP., AS TRUSTEE FOR THE

More information

Case 3:13-cv-03236-K Document 71 Filed 08/21/15 Page 1 of 20 PageID 1461

Case 3:13-cv-03236-K Document 71 Filed 08/21/15 Page 1 of 20 PageID 1461 Case 3:13-cv-03236-K Document 71 Filed 08/21/15 Page 1 of 20 PageID 1461 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION UNITED STATES OF AMERICA, Plaintiff, v. Civil Action

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA Stanzer Knox, Plaintiff, vs. Homestead Mortgage Corporation, HomeComings Financial, LLC., Mortgage Electronic Registration Systems, Inc.,

More information

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JOHN FAULKNER, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. ADT SECURITY SERVICES, INC.; ADT SECURITY

More information

2:14-cv-12923-AC-MJH Doc # 10 Filed 10/17/14 Pg 1 of 12 Pg ID 184 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:14-cv-12923-AC-MJH Doc # 10 Filed 10/17/14 Pg 1 of 12 Pg ID 184 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2:14-cv-12923-AC-MJH Doc # 10 Filed 10/17/14 Pg 1 of 12 Pg ID 184 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION STAMATIA KOSTOPOULOS, Plaintiff, v. Case No. 14-12923 ONEWEST

More information

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION ) ) ) ) ) ) ) ) ) ) IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION MONICA W. JOHNSON, v. Plaintiff, FEDERAL HOME LOAN MORTGAGE CORPORATION et al., Defendants. Civil Action No. 7:12cv00507

More information

Case 1:05-cv-00050-GC Document 29 Filed 12/13/05 Page 1 of 6 PageID #: 245 UNITED STATES DISTRICT COURT DISTRICT OF MAINE

Case 1:05-cv-00050-GC Document 29 Filed 12/13/05 Page 1 of 6 PageID #: 245 UNITED STATES DISTRICT COURT DISTRICT OF MAINE Case 1:05-cv-00050-GC Document 29 Filed 12/13/05 Page 1 of 6 PageID #: 245 UNITED STATES DISTRICT COURT DISTRICT OF MAINE BUSINESS LENDERS, LLC, Plaintiff, v. Civil No. 05-50-B-C RITANNE CAVANAUGH GAZAK,

More information

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA WINSTON-SALEM DIVISION

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA WINSTON-SALEM DIVISION SO ORDERED. SIGNED this 22nd day of February, 2013. UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA WINSTON-SALEM DIVISION In re: Joseph Walter Melara and Shyrell Lynn Melara, Case No.

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION. Case No. 2:12-cv-45-FtM-29SPC OPINION AND ORDER

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION. Case No. 2:12-cv-45-FtM-29SPC OPINION AND ORDER UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION SOUTH BAY PLANTATION CONDOMINIUM ASSOCIATION, INC., a not for profit corporation also known as SOUTH BAY PLANTATION ASSOCIATES,

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION Case: 4:12-cv-02030-DDN Doc. #: 42 Filed: 06/19/13 Page: 1 of 8 PageID #: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION MARY HAYDEN, ) individually and as plaintiff

More information

Case 4:13-cv-03228 Document 20 Filed in TXSD on 03/04/15 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ORDER

Case 4:13-cv-03228 Document 20 Filed in TXSD on 03/04/15 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ORDER Case 4:13-cv-03228 Document 20 Filed in TXSD on 03/04/15 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION DAVID W. BROWN, Plaintiff, v. CIVIL ACTION H-13-3228 WELLS

More information

Case 1:12-cv-00149-SOM-BMK Document 21 Filed 06/22/12 Page 1 of 21 PageID #: 1021 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII

Case 1:12-cv-00149-SOM-BMK Document 21 Filed 06/22/12 Page 1 of 21 PageID #: 1021 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII Case 1:12-cv-00149-SOM-BMK Document 21 Filed 06/22/12 Page 1 of 21 PageID #: 1021 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII BEVERLY L. CAMAT, vs. Plaintiff, FEDERAL NATIONAL MORTGAGE

More information

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO WESTERN DIVISION

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO WESTERN DIVISION The court incorporates by reference in this paragraph and adopts as the findings and orders of this court the document set forth below. This document has been entered electronically in the record of the

More information

IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT GEAUGA COUNTY, OHIO

IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT GEAUGA COUNTY, OHIO [Cite as BAC Home Loans Servicing, L.P. v. Untisz, 2013-Ohio-993.] IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT GEAUGA COUNTY, OHIO BAC HOME LOANS SERVICING, LP, f.k.a. COUNTRYWIDE HOME LOANS SERVICING,

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION Case: 4:06-cv-01210-CDP Doc. #: 35 Filed: 11/21/07 Page: 1 of 15 PageID #: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION THOMAS KLUTHO, ) ) Plaintiff, ) ) vs. ) Case

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court CitiMortgage, Inc. v. Bukowski, 2015 IL App (1st) 140780 Appellate Court Caption CITIMORTGAGE, INC., Plaintiff-Appellee, v. ANNA BUKOWSKI and KATHERINE D. BUKOWSKI,

More information

Case 2:06-cv-02026-CM Document 104 Filed 01/23/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 2:06-cv-02026-CM Document 104 Filed 01/23/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 2:06-cv-02026-CM Document 104 Filed 01/23/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff, CIVIL ACTION v. No. 06-2026-CM

More information

ALABAMA COURT OF CIVIL APPEALS

ALABAMA COURT OF CIVIL APPEALS REL: 6/30/11 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate

More information

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 187 CASE 0:09-cv-00975-JRT-TNL Document 170 Filed 09/30/10 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA A.P.I., INC., ASBESTOS SETTLEMENT TRUST and A.P.I., INC., Civil No. 09-975 (JRT/JJG)

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION EQUAL EMPLOYMENT OPPORTUNITY ) COMMISSION, ) ) Plaintiff, ) ) No. 09 C 5291 v. ) ) Judge Sara L. Ellis UNITED PARCEL SERVICE,

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION Champ Realty Company v. American States Insurance Company Doc. 14 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CHAMP REALTY COMPANY, Plaintiff(s, vs. Case No. 4:10CV1058 JCH

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. Ludwig. J. July 9, 2010

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. Ludwig. J. July 9, 2010 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KATHLEEN M. KELLY : CIVIL ACTION : v. : : No. 09-1641 NATIONAL LIABILITY & FIRE : INSURANCE COMPANY : MEMORANDUM Ludwig. J.

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 14-20585 Document: 00513214738 Page: 1 Date Filed: 10/01/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ROBERT WADE FERGUSON; WENDY THOMPSON FERGUSON, versus Plaintiffs Appellants,

More information

2015 IL App (1st) 143589-U. No. 1-14-3589 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 143589-U. No. 1-14-3589 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 143589-U SIXTH DIVISION September 11, 2015 No. 1-14-3589 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited

More information

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT KATHRYN MCOMIE-GRAY, Plaintiff-Appellant, No. 10-16487 v. D.C. No. 2:09-cv-02422- BANK OF AMERICA HOME LOANS, FKA Countrywide Home Loans,

More information

Case 2:13-cv-02107-HRH Document 38 Filed 07/21/14 Page 1 of 13 FOR THE DISTRICT OF ARIZONA

Case 2:13-cv-02107-HRH Document 38 Filed 07/21/14 Page 1 of 13 FOR THE DISTRICT OF ARIZONA Case 2:13-cv-02107-HRH Document 38 Filed 07/21/14 Page 1 of 13 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA JAMES and KATHLEEN McCALMONT, ) ) Plaintiffs, ) ) vs. ) ) FEDERAL NATIONAL

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION HINDA APPLE, Case No. 1:13-cv-01169 Plaintiff, Judge Dan Aaron Polster vs. MEMORANDUM OF OPINION AND ORDER STRYKER CORP., et al.,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Coniglio et al v. Bank of America, N.A. Doc. 31 NELSON CONIGLIO and JOYCE CONIGLIO, husband and wife Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION v.

More information

Case: 1:14-cv-06113 Document #: 45 Filed: 03/22/16 Page 1 of 9 PageID #:299

Case: 1:14-cv-06113 Document #: 45 Filed: 03/22/16 Page 1 of 9 PageID #:299 Case: 1:14-cv-06113 Document #: 45 Filed: 03/22/16 Page 1 of 9 PageID #:299 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MARIE RODGERS, ) ) Plaintiff, ) ) v. ) No. 14 C 6113

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Memorandum and Order

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Memorandum and Order IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA HUDSON UNITED BANK, Plaintiff, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Defendant. CIVIL ACTION NO. 00-4135 Memorandum and

More information

2:12-cv-12284-GCS-MKM Doc # 42 Filed 02/26/13 Pg 1 of 8 Pg ID 687 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:12-cv-12284-GCS-MKM Doc # 42 Filed 02/26/13 Pg 1 of 8 Pg ID 687 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2:12-cv-12284-GCS-MKM Doc # 42 Filed 02/26/13 Pg 1 of 8 Pg ID 687 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARY C. VANDENHEEDE, vs. Plaintiff, FRANK B. VECCHIO, individually

More information