Attorney A. Wilson Webb's Legal Cases

Foreclosure

US Bank, NA as Trustee... v. Barnes

Jun 26, 2020

OUTCOME: On appeal, Foreclosure Deed found to be Void

Client's home was foreclosed while she was seeking assistance from a non profit. She was sued for eviction (ejectment) in the Jefferson County, AL Circuit Court. I represented her in the Trial Court ag ... ainst aggressive Mortgage Co. attorneys openly determined to challenge clearly established Foreclosure Defense law, laid out in Barnes' Answer and Briefs. The Circuit Court issued a judgment against Barnes, who was forced to move out because of the very high bond the Judge required to maintain possession for any appeal. Case was appealed, handled by the High Impact Litigation Team from Legal Services Alabama, Inc. and roundly Reversed, finding that the Mortgagee (Bank) clearly breached the Contract and the Foreclosure Deed was Void.

Appeals

Credit Nation Lending Services LLC v. Nettles, USDC 2013

Mar 24, 2013

OUTCOME: Affirmed (with Memorandum Opinion)

Hired to defend appeal of Bankruptcy Court judgment ordering Secured Debt to be stripped of lien and debt discharged for knowing violations of Automatic Stay.

Litigation

Fields v. Buy George Auto Sales, et al

Mar 19, 2013

OUTCOME: Successfully opposed Motion to Dismiss based upon judicial estoppel

In lawsuit against auto dealer for fraud, etc filed in Bankruptcy Court, Debtor successfully opposed Motion to Dismiss, with testimony and legal briefing. AP 12-00122 ALNB

Consumer protection

Gray v. Pioneer Credit, MD Bnkr. Ct Ala, AP-09-01050(Judge Williams)

Sep 24, 2010

OUTCOME: Gray received $1,000 damage award, plus costs and attorney fees.

Lender defrauded Consumer by charging bogus $15 title fee on loan for which Lender already held perfected title lien. Sued for Truth in Lending Act violation. Lender fought like trapped rat, running u ... p everyone's costs; conceded at summary judgment, but fought costs and attorney fees for successful consumer.

Chapter 13 bankruptcy

In re Bills (Bkr Crt ND AL 2010), 09-40165-JJR13, Doc# 104

Feb 11, 2010

OUTCOME: Debtor' Objection Sustained, Motion Conditionally Denied (& Everhome dismissed same)

Debtor's Objection to Motion to Lift Stay action (to foreclose) by Everhome Mortgage. Challenged legality of Everhome to pursue foreclosure as it was not the Owner of the Mortgage Debt, nor authorized ... agent.

Chapter 7 bankruptcy

Leo, as Trustee v. Ford Motor Credit Co.

May 25, 2009

OUTCOME: Settled, FMCC returned $6,000 of garnished wages

Chapter 7 Debtor's wages were being garnished in State court for over 1 year when she filed Ch 7 bankruptcy. Total amount seized approx $7,200. My analysis of State Court Garnishment process revealed d ... efects supporting action to void the entire garnishment and refund of monies not otherwise obtainable under bankruptcy law. We removed the Garnishment Action from State Court to Bankruptcy Court as an Adversary Proceeding. Negotiated settlement with return of $6,000 and waiver of any remaining claims in Ch 7 distribution. Debtor (also my client) received all monies she could claim exempt.

Consumer protection

Spragues v. Campbell Enterprises LLP

Feb 18, 2009

OUTCOME: Judgment for Plaintiffs on TILA violations

The Spragues filed Ch 13 bankruptcy (through another attorney) to stop foreclosure of their home. Campbell Enterprises, prior Mortgagee, filed a Secured Claim (2nd Mortgage) from refinancing of the Mor ... tgage, for approximately $4,200.00. We filed suit in the Bankruptcy Court vs. Campbell Enterprises LLP to rescind (cancel) the Mortgage, plus actual and statutory damages and reasonable attorney fees, for violation of the Truth in Lending Act, 15 U.S.C. 1640, and violation of the bankruptcy automatic stay. After a long, hard fight, and trial, the Bankruptcy Court awarded judgment in favor of the Spragues - canceling the 2nd Mortgage, awarding statutory damages of $2,000.00 and reasonable attorney fees and expenses totaling $12,8256,52.

Consumer protection

Butler v. FCI dba Quik Cash

Dec 29, 2008

OUTCOME: Judgment for Consumer Borrower

Butler was sued by Quick Cash in the Small Claims Court. We filed an Answer & Counterclaims for alleged violations of the Truth in Lending Act (TILA), and for multiple violations of the State's "Payday ... lending" laws as "negligence per se" and as violations of the Deceptive Trade Practices Act (DTPA) including fraudulent loans. After Butler filed Chapter 7 bankruptcy, we removed the case, first to bankruptcy court, and then to the United States District Court based upon the jurisdiction of the TILA claim. Quick Cash filed a Motion for Summary Judgment alleging that the TILA and DTPA failed to state claims upon which relief could be based. The District Court found that the TILA did not apply to the security interest disclosure allegations, but that Butler stated valid claims for Negligence and alleged violations of the DTPA. After a non jury trial, the court entered judgment in favor of Butler and against Quik Cash for negligently violating the "Payday Lending" laws by knowingly engaging in illegal "rollover" loans and for threatening criminal prosecution to collect unpaid loans, awarding Butler $3,000.00, plus costs.

Landlord or tenant

Kendra Underwood v. Greater Gadsden Housing Authority

Oct 18, 2000

OUTCOME: Jury verdict reversed on appeal; Tenant keeps apt.

Tenant was sued for eviction for allowing Father of her children into apartment after Father was "banned" from premises. LL had demanded that ALL tenants read "ban list" monthly when rent paid. List ty ... pically contained over 400 names. Jury ruled for LL; Alabama Court of Civil Appeals reversed verdict, holding that LL failed to provide adequate notice to Tenant.

Landlord or tenant

Underwood v. Greater Gadsden Housing Authority

Aug 11, 2000

OUTCOME: Appeals Court reversed Trial Court , Eviction Case dismissed. 789 So. 2d 867; 2000 Ala. Civ. App. LEXIS 520

Housing Authority attempted to evict Tenant for allowing the Father of her children to visit even though he was subject to a No Trespass Ban placed upon him without Notice to Tenant. Trial Court refuse ... d to set aside jury verdict and enter judgment in favor of Tenant. Appealed to Ala Court of Civil Appeals.

A. Wilson Webb's Legal Cases (11)

US Bank, NA as Trustee... v. Barnes

Credit Nation Lending Services LLC v. Nettles, USDC 2013

Fields v. Buy George Auto Sales, et al

Gray v. Pioneer Credit, MD Bnkr. Ct Ala, AP-09-01050(Judge Williams)

In re Bills (Bkr Crt ND AL 2010), 09-40165-JJR13, Doc# 104

Leo, as Trustee v. Ford Motor Credit Co.

Spragues v. Campbell Enterprises LLP

Butler v. FCI dba Quik Cash

Kendra Underwood v. Greater Gadsden Housing Authority

Underwood v. Greater Gadsden Housing Authority