Michael Rapkine's Legal Cases (6)

Foreclosure

Williams v. Wells Fargo Bank, N.A., 2017 U.S. Dist. LEXIS 75839 (N.D. Cal. 2017)

Oct 30, 2017

OUTCOME: Defendant Wells Fargo obtained an order awarding all the attorneys' fees the bank incurred ($262,260) in successfully disposing of plaintiff's action. This fee award followed a 3-day jury trial.

Following a jury trial in which defendant Wells Fargo prevailed, the bank moved for an order awarding $262,260 in attorneys' fees, pursuant to the fee provisions in the promissory note and deed of trus ... t signed by plaintiff.

Banking

Mitchell v. Wells Fargo Bank, N.A., 2014 U.S. Dist. LEXIS 7803 (N.D. Cal. 2014)

Jan 21, 2014

OUTCOME: Case disposed of at motion to dismiss phase

Borrower asserted a claim under the California Homeowners’ Bill of Rights (the “HBOR”) relating to a purportedly improper denial of a loan modification application. Wells Fargo successfully asserted a ... defense under a safe harbor provision within the HBOR. (Civil Code Section 2924.12(g))

Banking

Stephens v. World Savings Bank, 2013 U.S. Dist. LEXIS 24763 (N.D. Cal. 2013)

Feb 22, 2013

OUTCOME: Plaintiff voluntarily dismissed his lawsuit after Wells Fargo prevailed at TRO hearing

The plaintiff asserted various claims under the California Homeowners' Bill of Rights in an attempt to enjoin a foreclosure and to recover various damages. After plaintiff's efforts to secure a tempor ... ary restraining order were unsuccessful, plaintiff voluntarily dismissed his suit.

Banking

Shirley v. Wachovia Mortgage, FSB, 2012 U.S. Dist. LEXIS 44049 (N.D. Cal. 2012)

Mar 15, 2012

OUTCOME: Successfully disposed of claims relating to alleged forgeries on summary judgment

Case relating to purported forgeries in loan closing documents dismissed on summary judgment.

Banking

Das v. WMC Mortg. Corp., 831 F.Supp.2d 1147 (N.D. Cal. 2011)

Nov 22, 2011

OUTCOME: Case dismissed at motion to dismiss phase.

Plaintiffs asserted a number of claims against their lender relating to the origination of the loan and purported flaws in the foreclosure mechanics. In dismissing the suit on a 12(b)(6) motion, the d ... istrict court highlighted several key flaws in the complaint, including the fact that a lender has no duty to place a borrower in an affordable mortgage.

Banking

DeLeon v. Wells Fargo Bank, N.A., 729 F.Supp.2d 1119 (N.D. Cal. 2010)

Jun 10, 2010

OUTCOME: Lender liability suit disposed of at motion to dismiss stage

State law claims asserted by the borrowers were federally preempted by the Home Owners' Loan Act.

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