52 results for 'cat:"Fraud" AND cat:"Property"'.
J. Gershon grants partial summary judgment to a mortgage lender and sets aside three fraudulent conveyances of a $1 million property in Astoria, New York. The court finds the conveyances were committed with fraud by the property’s previous owners in an attempt to evade or hinder a foreclosure action against the property. The court further issues a declaration that two mortgage liens filed against the property after the transfers took place are bad faith encumbrances and vacates and extinguishes those liens.
Court: USDC Eastern District of New York, Judge: Gershon, Filed On: October 16, 2023, Case #: 2:17cv3551, NOS: All Other Real Property - Real Property, Categories: fraud, property
[Consolidated] J. Miller finds the trial court erred in its decision against the daughter in a dispute between her mother and other family, a bank, lenders and mortgage assignees over ownership interest, title to and control of three properties in light of the daughter's father's death. In part because the relevant Florida law involving lis pendens does not apply to the claims of ownership the daughter pursued based on recorded deeds and other "duly written instruments," and because there are factual disputes about whether deeds recorded later were fraudulent, the trial court's summary judgment order against the daughter is overturned and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: October 11, 2023, Case #: 22-2136, Categories: fraud, property, Contract
[Consolidated]. J. Stras finds a lower court improperly estimated the amount of funds a defendant sank into three houses via fake deeds. The government argued that his 41 month sentence is reasonable based on his identity theft crimes and his participation in acquiring bogus notarized deeds along side his co-conspirator. However, the defendant sufficiently showed in court that the government erred in calculating his total offense, which would shaved off at least 20% of the length his sentence, and failed to apply the reasonable estimate of fair market value at the time he unloading properties to unknowing buyers. Reversed in part.
Court: 8th Circuit, Judge: Stras, Filed On: October 11, 2023, Case #: 22-1106, Categories: fraud, Identity Theft, property
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J. Kobayashi refuses to vacate judgment in a property transfer dispute, finding that there was no error in transfer recipients’ voluntary dismissal nor in the subsequent granting of summary judgment against them, as they had not presented any argument prior that would have changed the results. A letter seeking attorney fees from the prevailing homeowner cannot be considered new evidence.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: October 3, 2023, Case #: 1:20cv270, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, property, Enforcement Of Judgments
J. Sullivan denies in part summary judgment to a bank that sued an assisted living business for an alleged breach of contract for failure to pay on a Paycheck Protection Program (PPP) loan. Although the business requested a loan of $20,000, the bank approved it for a loan of over $1 million. Although it is undisputed that the business defaulted on its repayments, the bank had no right to rely on contradictory and false certifications stated later in the application. This is because the application initially clearly stated that the business was only looking to borrow $20,000. Also, one of the business owners bought a property with the loan money and did so with the intention to commit fraud. However, the bank has yet to state the exact relief it seeks monetarily and in regards to said property.
Court: USDC Maryland, Judge: Sullivan, Filed On: September 21, 2023, Case #: 8:21cv3210, NOS: Other Contract - Contract, Categories: fraud, property, Contract
J. Lin denies summary judgment to the daycare business owners against the daycare business partners' fraudulent inducement claim in the partners' lawsuit alleging the owners wrongfully withheld the partners' $100,000 deposit after the latter did not preserve records related to the business. The partners allege with sufficient evidence that they relied on the owners' statement that the Covid waiver representation, which would allow them to operate at an increased capacity due to the pandemic, was set before they made their investment.
Court: USDC Western District of Washington, Judge: Lin, Filed On: September 14, 2023, Case #: 2:22cv702, NOS: All Other Real Property - Real Property, Categories: fraud, property, Covid-19
J. Rubin partially denies a mortgage company its motion for dismissal of multiple allegations including negligence and fraud brought by a property owner. The company invited him to apply for mortgage assistance again after it denied his initial application even though it had said his mortgage was not qualified. The owner reapplied because he had to do so to remain on the property. Next, he received notice that his mortgage was in default from a debt collection law firm. At this stage, it is not clear whether the company owed the owner a tort duty, so negligence cannot be dismissed. Also, the company continued to pitch assistance to him knowing his mortgage did not qualify, and he went into default as a result. Thus, fraud cannot be ruled out either at this point.
Court: USDC Maryland, Judge: Rubin, Filed On: August 29, 2023, Case #: 1:21cv3012, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, property, Banking / Lending
J. Bell grants summary judgment to a lawyer representing a lender after a borrower that was starting a beverage packaging company sued the lawyer for fraud. The loan required a 5% deposit, approximately $2.7 million, which the lender promised was put into a restricted account to prevent fraud. However, the account was not restricted and fraudsters associated with the lender withdrew it. The lender’s lawyer, nevertheless, did not at any time mislead the borrower or misrepresent his own actions.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: August 24, 2023, Case #: 3:20cv363, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: fraud, property, Banking / Lending
J. Tow finds the lower court erroneously struck the previous owner's notice of lis pendens as a spurious document. Although she was not involved in the transfer of the property between the two corporations, the buyer was a potential debtor in bankruptcy proceedings and success on the previous owner's fraudulent transfer claim would have affected the title of the property. Reversed.
Court: Colorado Court Of Appeals, Judge: Tow, Filed On: August 24, 2023, Case #: 2023COA76, Categories: fraud, property
J. Soto finds a lower court ruled mostly correctly in a convoluted real-estate dispute in which a man asserting ownership of a property sued a variety of parties for a variety of claims, including adverse possession and fraudulent inducement, prompting those parties to countersue and obtain both summary judgment and a final judgment in their favor — ultimately leading to this appeal. While the lower court mostly ruled correctly in tossing out the man’s claims, they awarded excessive exemplary damages to some of the parties even though the man had “fraudulently clouded title to the Property.” Reversed in part.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: August 14, 2023, Case #: 08-22-00079-CV, Categories: fraud, property, Real Estate
J. Johnson finds the trial court properly found in favor of the purchasers of a townhouse who found extensive repairs were needed after they moved in. Evidence was admitted that would allow a reasonable factfinder to conclude the home suffered a reduction in market value as a result of the sellers' conduct. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: July 27, 2023, Case #: 09-21-00222-CV, Categories: fraud, property, Trade
J. Griggsby grants in part a private boarding school's motion to dismiss claims of breach of contract and fraud brought by a corporation that purchases and builds specialized schools. The corporation alleges that the school was untruthful about its financial standing upon agreement to purchase the school for $8 million. The school did breach the contract because it failed to sell its property to the corporation within the agreed time period. However, all other allegations fail to state a claim.
Court: USDC Maryland, Judge: Griggsby, Filed On: July 26, 2023, Case #: 1:22cv175, NOS: All Other Real Property - Real Property, Categories: fraud, property, Contract
J. Sullivan finds that the lower court properly found a woman does not have to return a diamond ring and matching diamond earrings and a necklace to her former fiance, who proposed — unbeknownst to her — while being married to another woman. The marriage proposal was made while he was legally married, so the gifts were not conditioned on the act of marriage and therefore constitute unconditional gifts that the woman is not required to return.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: July 13, 2023, Case #: J-A03016-23, Categories: fraud, property
J. LaBrit finds that the trial court properly ruled in a former couple's dispute over real property because the boyfriend committed fraud by transferring his money and property to the girlfriend in an effort to avoid paying his ex-wife and other creditors. Under the unclean hands doctrine, he is not entitled to relief. Affirmed.
Court: Florida Courts Of Appeal, Judge: LaBrit, Filed On: June 30, 2023, Case #: 2D22-119, Categories: fraud, property
Per curiam, the Florida Sixth District Court of Appeals finds the trial court erred by granting homestead protection to the trust in a fraudulent transfer case. The trust does not own the property, so it was not entitled to a homestead defense. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: June 2, 2023, Case #: 6D23-198, Categories: fraud, property, Trusts
J. Brown finds the trial court properly granted summary judgment to the redevelopment authority in this suit brought by the purchasers on fraud and breach of contract claims as to the sale, leasing and general repurposing of surplus military base land. The representation made by the trust regarding plans for the land as a historic area were expressions of opinion or predictions of future events, not misrepresentations of material fact. The purchasers failed to provide sufficient evidence that the trust knew the representations to be false at the time they were made, and so the “Delta” exception is inapplicable. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: May 31, 2023, Case #: CV-21-247, Categories: fraud, property, Contract
J. Bokor finds the trial court erred in part in its summary judgment ruling in a lawsuit between the owners of two neighboring properties over one of them building and maintaining a public roadway on the neighbor's property, prompting the neighbor's suit. Because ambiguities exist in the agreement between the two properties, which is one of several agreements involved with parties developing the marina and waterfront area abutting the properties, the lower court's summary judgment order is reversed as to the suing property owner's fraud defenses but is upheld regarding their other affirmative defenses. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 31, 2023, Case #: 21-0806, Categories: fraud, property, Contract
J. Zahn finds the trial court properly dismissed this fraud suit alleging the lawyer’s wife hindered the injured motorcyclist in his efforts to collect on a $5 million judgment arising from the lawyer’s alleged malpractice by his unsuccessful representation in an injury suit. The lawyer moved to Florida after the motorcyclist’s attorney threatened to foreclose on his California home. The lawyer’s wife acted in good faith after he transferred a house to her during divorce proceedings. Her lack of knowledge of the judgment is supported by substantial evidence. The wife established the affirmative defense set out in California Civil Code. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: May 22, 2023, Case #: 49136, Categories: fraud, property, Tort