54 results for 'cat:"Fraud" AND cat:"Property"'.
J. Riedmann finds the district court properly found for the romantic partner who received funds from her partner to purchase and remodel her home. The lender signed a form stating he did not expect repayment and he voluntarily sent the funds with no discussion of repayment. The doctrine of unjust enrichment does not require a homeowner to repay funds just because the relationship has ended. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: April 30, 2024, Case #: A-23-515, Categories: fraud, property, Contract
J. Kasubhai denies a motion for judgment on the pleadings from Rocket Mortgage on the trustee's complaint alleging that the husband fraudulently conveyed his interest in the property to his wife to avoid the trustee's judicial lien on the property after a state court found that the husband had improperly spent trust assets to purchase the home. The trustee plausibly alleges that the husband's conveyance to his wife is void because it was done in bad faith, so Rocket fails to prove that the trustee's judgment lien did not attach to the husband's interest in the property.
Court: USDC Oregon, Judge: Kasubhai, Filed On: April 25, 2024, Case #: 6:23cv164, NOS: All Other Real Property - Real Property, Categories: fraud, property
J. Reyes Jr. rules against a Florida resident’s fraud complaint alleging her nephew misappropriated her $500,000 investment in a real estate property, finding her claims untimely.
Court: USDC Eastern District of New York, Judge: Reyes, Filed On: March 29, 2024, Case #: 1:19cv6202, NOS: Truth in Lending - Torts - Personal Property, Categories: fraud, property, Real Estate
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J. Riedmann finds the county court properly dismissed the land sellers' conversion, contract and related claims with prejudice. The seller's causes of action are barred by the statute of limitations. Furthermore, the discovery rule does not apply to breach of contract or conversion claims, and they failed to particularly allege fraudulent concealment. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: March 26, 2024, Case #: A-23-353, Categories: Agriculture, fraud, property
J. Rufe grants a realty company's motion to dismiss this suit filed by a franchise company, alleging it breached the parties’ lease by failing to alert them that they were legally barred from opening a franchise store in the historic district of New Hope, Pennsylvania. The tenant failed to present any facts establishing that the landlord had a duty to alert them of local laws.
Court: USDC Eastern District of Pennsylvania, Judge: Rufe, Filed On: March 20, 2024, Case #: 2:23cv2193, NOS: Other Contract - Contract, Categories: fraud, property, Contract
J. Seybert adopts in part a magistrate judge’s report and preserves for trial claims for fraud, rescission and declaratory relief stemming from a home equity sharing agreement. The court agrees with objections filed by two associated entities and dismisses claims for contract rescission against them, finding the claims were premised on fraud allegations that were dismissed.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 20, 2024, Case #: 2:21cv4542, NOS: Truth in Lending - Torts - Personal Property, Categories: fraud, property, Contract
J. Hunt grants the suing boiler-leasing company’s motion to dismiss the defendant power plant operator’s counterclaims of fraud. The boiler company sued the plant operator after the plant operator returned one of its leased boilers in damaged condition; the operator in turn claimed the boiler was never in as good of condition as the boiler company claimed. The court finds the power plant operator has failed to sufficiently back up its fraud counterclaims, and dismisses them with prejudice.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: March 14, 2024, Case #: 1:21cv1353, NOS: Other Contract - Contract, Categories: fraud, property, Contract
J. Simon partially grants the trustee's motion to dismiss the attorneys' complaint that the trustee fraudulently transferred a parcel of property from Oregon to Virginia to avoid giving the attorneys their due award from an underlying lawsuit in which they represented the trustee. This is an unusual case that makes a pleading amendment at this point appropriate. In the context of Oregon’s Uniform Fraudulent Transfer Act, it is unclear how to judge the interaction between the trustee individually and in their capacity as a trustee when "assets were already held in a revocable trust and then transferred by the trust." The attorneys may file a second amended complaint.
Court: USDC Oregon, Judge: Simon, Filed On: March 11, 2024, Case #: 3:23cv1150, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, property
J. Bower finds that fraudulent transfer of property claims plaintiff brought against his ex-girlfriend were properly dismissed because he willingly transferred property to her after being sentenced for federal drug charges, then later voluntarily dismissed his claims against her. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: February 21, 2024, Case #: 23-0059, Categories: fraud, property
J. Redford finds for the seller of a student housing complex in claims contending the seller misrepresented the physical and financial condition of the property because the buyer had been provided, but chose to ignore, documentation regarding the physical condition of the property and its financial status prior to purchase. Affirmed.
Court: Michigan Court of Appeals, Judge: Redford, Filed On: February 8, 2024, Case #: 361299, Categories: fraud, property, Contract
J. Ortego finds that the trial court improperly denied the creditor's motion to confirm default judgment after it sought to rescind a contract relating to the credit sale of property. The trial court lacked the power to dismiss the creditor's action "on its own motion." Reversed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: February 7, 2024, Case #: CA-23-464, Categories: fraud, property, Contract
Per curiam, the appellate division finds that the lower court properly declined to dismiss a breach of fiduciary duty claim against the building owner alleging it fraudulently passed on to unit owners the costs of construction and maintenance disguised as condominium common charges. The owner's actions to conceal renovation charges in the common charge assessments is a core element of the unit owners' claims, so the claims are subject to a six-year statute of limitations. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 1, 2024, Case #: 00450, Categories: Civil Procedure, fraud, property
J. Gallagher finds the Kuwaiti royal partially met her burden to prove the lender aided and abetted the fraudster. Therefore, the partial judgment of $469,990 plus prejudgment interest is awarded pending relinquishment of lis pendens on the property. The court grants judgment in favor of the lender for the unjust enrichment claims for all three loans.
Court: USDC Maryland, Judge: Gallagher, Filed On: January 24, 2024, Case #: 1:18cv2958, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, property, Banking / Lending
J. Gardner finds that the lower court properly found for the plaintiff sister on fraudulent misrepresentation claims alleging the defendant sister promised to help her buy a house by co-signing a loan, but instead bought the house in her own name and refused to transfer the title. The evidence was sufficient to support the allegation that the sister knowingly made false statements that her sister relied on. However, the court went too far by ordering the defendant sister to sell the house to her sister because the sister was already awarded damages to compensate her for the loss. Affirmed in part.
Court: Missouri Court Of Appeals, Judge: Gardner, Filed On: January 16, 2024, Case #: ED110814, Categories: fraud, property
J. Garry finds that the lower court properly declined to dismiss claims contending farm property had been fraudulently transferred between family members because documentary evidence presented by a nephew and his wife demonstrated that returned ownership to his uncle during the pendency of their divorce was intended to be temporary to ensure the farm stayed in the family, but that the uncle used the event to discharge their purchase money mortgage and retake ownership. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: January 11, 2024, Case #: 536190, Categories: fraud, property
J. Marks dismisses this contract dispute in favor of the real estate company, realtor and property management company from a couple alleging they were given a single termite report upon closing a property sale. The home in question suffered a massive termite infestation and the second termite report was never disclosed to the couple. The couple fails to plead reasonable reliance in their breach of contract, misrepresentation, suppression, deceit and conspiracy claims.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: January 5, 2024, Case #: 1:23cv184, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, property, Real Estate
J. Webb finds the circuit court improperly awarded damages to the homebuyer in connection with drainage and mold issues following a real estate deal. The circuit court awarded the damages based on a breach of contract, but the buyer alleged only fraud and deceit, not breach of contract. Vacated.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: December 21, 2023, Case #: CV-20-265, Categories: fraud, property, Damages
J. Tufte finds that the district court improperly dismissed causes of action for declaratory judgment, injunctive relief, breach of contract and tortious interference in a matter involving multiple parcels of real property in McIntosh County, North Dakota. The district court misapplied the law by applying the statute of frauds when the statute of frauds was not specifically pled. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: December 15, 2023, Case #: 2023ND234, Categories: fraud, property, Contract
J. Harris finds the trial court improperly found the claimed owner of an option to buy certain property was legally assigned the option from the owner. Other entities claiming to the option say the assignment was an invalid, fraudulent transfer and they own the option after purchasing it in an execution sale from a previous owner. The trial court’s fraudulent transfer analysis contained legal errors and an erroneous subsidiary factual finding regarding the previous owner's intent to hinder, delay or defraud its creditor. Vacated.
Court: Utah Court Of Appeals, Judge: Harris , Filed On: December 14, 2023, Case #: 20220892-CA, Categories: fraud, property, Contract
Vice Chancellor David rules that homebuyers failed to prove sellers committed fraud concerning chronic drainage problems plaguing their lot because the sellers did not misrepresent or omit material facts by previously remediating the lot to the satisfaction of the county.
Court: Delaware Chancery Court, Judge: David, Filed On: December 7, 2023, Case #: 2019-0588-BWD, Categories: fraud, property
J. Bulla finds the district court improperly found for an attorney in this bankruptcy and property dispute. The bankruptcy court placed a lien on property purchased with funds misappropriated from the family trust. Though the attorney is entitled to enforce any remainder of the lien, he is not entitled to a constructive trust, title to the property, or recovery for fraudulent transfer or conversion. The district court failed to recognize the preclusive effect of prior orders, and factual disputes remain. Reversed.
Court: Nevada Court of Appeals, Judge: Bulla , Filed On: November 22, 2023, Case #: 84908-COA, Categories: Bankruptcy, fraud, property
J. Neeley finds the trial court improperly dismissed claims brought by the son of an heir to his parents’ estates against the other heir, his sister, who had her mother, who was the trustee of the deceased husband’s estate, rewrite her will in the sister’s favor, effectively appointing her as trustee and executrix of both estates’ assets. The mother’s power of appointment was based on a provision in the father’s will stating that she does not intend to exercise them. Absent a specific reference to the contrary, the mother’s will lacks any “other indication” from which the appeals court may infer an intent to exercise the power of appointment created by the father’s will. The court properly ruled on the brother’s daughter’s allegations of fraudulent inducement regarding the brother’s signing of his assets to his sister at his death. Affirmed in part. Reversed in part.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: November 8, 2023, Case #: 12-23-00066-CV, Categories: fraud, property, Wills / Probate