Cases

MEMORANDUM OPINION LEE H. ROSENTHAL, District Judge. This mortgage-foreclosure case is unusual because it begins with a foreclosure rather than ending with one. And it is the lender, not the borrower, challenging the foreclosure. Deutsche Bank and Ocwen Loan Servicing LLC (collectively, “Deutsche Bank”) sued Gonzalez Financial Holdings, Abe Moss, and D & Y Investments, alleging wrong

Joan B. Gottschall, United States District Judge In February 2015, Monette Saccameno ("Saccameno") sued Ocwen Loan Servicing, LLC ("Ocwen") and U.S. Bank National Association, as trustee for C-Bass Mortgage Loan Asset-Backed Certificates, Series 2007 RP1 ("U.S. Bank"), alleging that they had engaged in wrongful loan servicing and debt collection practices.1 In April 2018, the case went to trial and Sacca

MARTIN L. C. FELDMAN, UNITED STATES DISTRICT JUDGE Before the Court are the defendants' Rule 12(b)(6) motions to dismiss the plaintiff's first amended complaint. For the reasons that follow, the motions are GRANTED. Background This lawsuit concerns allegations that a mortgage servicing company and a homeowners' insurance carrier conspired to issue a force-placed insurance policy wit

MEMORANDUM PADOVA, District Judge TABLE OF CONTENTS I. INTRODUCTION ...134 II. BACKGROUND ...134 III. THE CLASS CERTIFICATION RECORD .. .135 A. Background Regarding Ocwen’s In-House Balloon Loan Modifications and its Documentation Systems ... 135 B. The Class Representatives ... 136 1. Plaintiffs Li

ORDER OF DISMISSAL HAIGHT, Senior District Judge: I. INTRODUCTION On January 16, 2014, pro se Plaintiffs Luis Gonzalez and Sonia Gonzalez commenced this action against various defendant mortgage companies, banks, and individuals (counsel to and executives for said mortgage companies and banks), alleging violations of the United States Constitution and the U

MEMORANDUM OPINION & ORDER VALERIE CAPRONI, United States District Judge: Plaintiff Robert Macias brings this suit against Defendants Ocwen Loan Servicing LLC (“Ocwen”) and Deutsche Bank National Trust Company as Trustee for DSLA Mortgage Loan Trust 2007-AR1 (the “Trust,” and collectively with Ocwen, “Defendants”) effectively to prevent foreclosure on his California home even though he has defaulted on h

*1372ORDER BETH BLOOM, UNITED STATES DISTRICT JUDGE THIS CAUSE comes before the Court upon: Defendant Experian and Defendant Trans Union LLC’s Motions to Dismiss, ECF Nos. [68], [69], filed under Fed. R. Civ. P. 12(b)(6) on May 26, 2015; Defendant Equifax’s Motion for Judgment on the Pleadings, ECF No. [78], filed under Fed, R. Civ. P. 12(c) on Ma

POSNER, Circuit Judge. The plaintiffs, affiliated corporations that we’ll refer to jointly as BPI, are producers of “coal bed methane” gas, a form of natural gas present in coal seams. (Natural gas is methane. We’ll call coal bed methane gas simply “the gas”; the trade calls it CBM.) The defendants comprise a large private coal-mining company named Drummond Company, Inc., see www.drummondco.com (visited Dec. 5, 2011

*1037ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS MARGARET M. MORROW, UNITED STATES DISTRICT JUDGE On October 31, 2014, Elizabeth Joan Griffin filed this action against Green Tree Servicing, LLC (“Green Tree”), Northwest Trustee Services, Inc. (“Northwest”), Bank of America, N.A. (“BAÑA”), Bank of America Corporation (“BAC”) (collectively, “BofA”

OPINION Freda L. Wolfson, United States District Judge Before the Court are the motions of Defendants Seneca Mortgage Servicing, Ocwen Loan Servicing, Fay Servicing, and ARLP Securitization Trust to dismiss the complaint of Plaintiff Florence Block, alleging breach of contract and violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, the Real Estate Settlement Procedures Act (“

ORDER JAMES C. FOX, Senior District Judge. This matter is before the court on the Motion to Dismiss the Amended Complaint pursuant to 12(b)(6) filed by Defendant Substitute Trustee Services, Inc. [DE-61], the Motion to Dismiss the Amended Complaint pursuant to 12(b)(6) filed by Defendant The Law Firm of Hutchens, Senter & Britton, P.A. [DE-62], the Motion to Dismiss the Amended Complaint pursuant to 1

MEMORANDUM DECISION SHELLEY C. CHAPMAN, UNITED STATES BANKRUPTCY JUDGE Before the Court is a motion to dismiss filed by Shield Securities Limited (“Shield”) in the above-captioned adversary proceeding brought by Lehman Brothers Special Financing Inc. (“LBSF”). Shield takes the position that this Court has neither in personam jurisdiction nor in rem jurisdiction to resolve this adversary pro

DANIEL R. DOMÍNGUEZ, United States District Judge Pending before the Court are twelve (1) Motions to Dismiss and one (1) separate Motion to Joinder: (1) Defendant Banco Popular's Motion to Dismiss the Complaint (Docket No. 96); (2) Defendant Scotiabank's Motion to Dismiss under Rules 12(b)(6) (Docket No. 99); (3) Firstbank's Motion to Dismiss Amended Complaint (Docket No. 103); (4) Motion to Dismiss F

Filed 5/3/23; Opinion following rehearing CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR KACIE LYNN YOUNG, Plaintiff and Appellant, A161843, A162784 v. (San Mateo County Super. Ct. MIDLAND FUNDING LLC et al., No. 19-CIV-07622)

Filed 10/7/22 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR KACIE LYNN YOUNG, Plaintiff and Appellant, A161843, A162784 v. (San Mateo County Super. Ct. MIDLAND FUNDING, LLC, et al., No. 19-CIV-07622) Defendants and Respondents. Kacie Lyn

OPINION HERSCHEL PICKENS FRANKS, P.J., delivered the opinion of the Court, in which CHARLES D. SUSANO, JR., J., and JOHN W. McCLARTY, J„ joined. Plaintiff sued defendant mortgage company that held a mortgage on his home, on which defendant foreclosed. Plaintiffs alleged cause of action was that defendant h

RULING ON DEFENDANTS’ MOTION TO DISMISS THE FIRST AMENDED COMPLAINT VICTOR A. BOLDEN, UNITED ■ . STATES DISTRICT JUDGE Table of Contents I. Introduction... 242 II. Factual Allegations,. .243 A. State Foreclosure Proceedings. . .244 B. Mortgage Modification Requests ...245 C. Other Correspondence between the Tanasis

MEMORANDUM OPINION AND ORDER DETERMINING THE AMOUNT OF ALLOWED CLAIM OF FRANK AND CHRISTINA REED MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE This is a case involving, on the one hand, seemingly undeserving borrowers — who have not paid their mortgage, property taxes, or homeowners’ insurance for over seven years but continue to occupy their home — and, on the other, a loan servicer that was willi

Chapter 11 Jointly Administered MEMORANDUM OPINION AND ORDER, AND FINDINGS OF FACT AND CONCLUSIONS OF LAW, APPROVING THE FGIC SETTLEMENT MOTION MARTIN GLENN, UNITED STATES BANKRUPTCY COURT Before the Court is the Debtors’ Motion Pursuant to Fed. R. Bankr.P. 9019 for Approval of the Settlement Agreement Among the Debtors, FGIC, the FGIC Trustees and Certain Institut

ORDER ON MOTIONS TO DISMISS Jonathan Goodman, UNITED STATES MAGISTRATE JUDGE “I went to the fortune teller, Had my fortune read I didn’t know what to tell herí I had a dizzy feeling in my head” - The Rolling Stones, from the song, Fortune Teller1 Predicting the future is no easy task. It is therefore no surprise that peopl