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Evan Alexander Moeller

Evan Moeller’s Legal Cases

5 total

  • Sherrie Taylor vs. Alvin Lough and Foremost Lloyd's of Texas

    Practice Area:
    Litigation
    Date:
    Jan 01, 2012
    Outcome:
    Won Summary Judgment
    Description:
    Won summary judgment as an Intervenor on behalf of lender in Johnson County, Texas declaring lender's home equity lien valid and awarding lender 100% of insurance proceeds after collateral was destroyed by fire. Plaintiff, who had been awarded title to the property in prior litigation against borrower, sought a declaratory judgment declaring lender's home equity lien invalid and for the insurance proceeds through her current title.
  • Christopher and Donna Patrick vs. HSBC USA, N.A. and Ocwen Loan Servicing LLC

    Practice Area:
    Litigation
    Date:
    Jan 01, 2012
    Outcome:
    Won Summary Judgment and Dissolved Temporary Injunction
    Description:
    Won summary judgment on behalf of loan servicer in Galveston County, Texas on all of Plaintiffs' claims including breach of contract and for declaratory judgment, as well dissolution of temporary injunction enjoining foreclosure. Plaintiffs alleged that loan servicer agreed not to foreclose during the pendency of their loan modification application.
  • Omar Hervart, Maria Chairez and Josefina Chairez vs. Bank of America, et. al.

    Practice Area:
    Litigation
    Date:
    Jan 01, 2011
    Outcome:
    Won Summary Judgment on Plaintiffs' Claims and Lender's Counterclaim
    Description:
    Won summary judgment on behalf of lender in Tarrant County, Texas on all of Plaintiffs' claims including breach of contract, negligence, gross negligence, DTPA, fraud, fraudulent misrepresentation, negligent misrepresentation and breach of fiduciary duty. Borrowers brought suit after refinance loan proceeds were disbursed to an inferior lien holder, resulting in foreclosure by the superior lien holder; also won summary judgment on lender's counterclaim for breach of contract pursuant to which lender was awarded $78,991.57 plus attorney's fees.
  • Aaron Mostin vs. GL Recovery Group LLC

    Practice Area:
    Litigation
    Outcome:
    Won Jury Trial
    Description:
    Won take-nothing verdict in the Central District of California on behalf of debt buyer after jury trial on ten counts brought by consumer under the Federal Fair Debt Collection Practices Act and California Rosenthal Fair Debt Collection Practices Act. Persuaded the court to allow the jury to determine whether voicemails constituted "communications" under the FDCPA, notwithstanding precedent to the contrary from the Central District of California and Second Circuit Court of Appeals.
  • Timeryl Wilson vs. Deutsch Bank National Trust Company

    Practice Area:
    Litigation
    Date:
    Jan 01, 2011
    Outcome:
    Won Summary Judgment and Dissolved Temporary Injunction
    Description:
    Won summary judgment on behalf of loan servicer in Harris County, Texas on all of borrower's claims including breach of contract, DTPA, violations of the FDCPA, violations of the TDCA, fraud and negligent misrepresentation arising from borrower's assertion that loan servicer agreed not to foreclose during the pendency of his loan modification application. Court awarded loan servicer 100% of Plaintiff's bond following dissolution of temporary injunction enjoining eviction.