Expert Witness Cases

Underhill et al v. Norwest Mortgage, Inc.
United States District Court, Northern District of Illinois, Eastern Division
Civil Action No. 95-C-4737
Opposing petition for attorney fees in escrow account matter governed by RESPA (witness for defendant) (2000)

American Abstract and Title v. Stewart Title
Circuit Court of Pulaski County, Arkansas
Illegal business practice of competitor (witness for plaintiff American Abstract) (2004)
Jury verdict for plaintiff; upheld on appeal in Arkansas Supreme Court 2005

Rice v. American Abstract and Title
Circuit Court of Pulaski County, Arkansas CV-02-5698
Document preparation as unauthorized practice of law; settled in 2004 (witness for defendant).

Chandler et al v. Lenders Title Company
Circuit Court of Garland County, Arkansas No. CV-2001-787-1
Document preparation as unauthorized practice of law (witness for defendant). Settled in 2005.

Cowles v. Bank West
Krause v. Huntington National Bank
State of Michigan, Circuit Court for County of Kent No. 98-06859-CP
Document preparation as unauthorized practice of law (witness for defendant). Deposed in 1999. Cases settled in 2001.

Contract Processing Services, Inc. v. Headlands Mortgage Co.
Case LIC 752173 in Court of San Diego, California
Issue of whether payments to contractor were legal under RESPA (2001). (witness for defendant).
Subsequently, losing party sued her counsel and I was expert witness in arbitration resolved in favor of counsel. (see Cathy Reis matter, next)

Cathy Reis v. Kolodny & Pressman
American Arbitration Association (Case no. 71 194 1126 02 SACO) (2003).

Weil v. Long Island Savings Bank
206 F.R.D. 38 (E.D. NY 2001)
On behalf of plaintiff for illegal payments by defendants to law firm under RESPA, settled in 2001 with substantial cash settlement to plaintiff.

Glenn Bryan, et al. v. Ameriquest Mortgage Company
Superior Court of California, County of Orange, Case No. 00CC12831
Kristina Pierceall v. Ameriquest Mortgage Company and Ameriquest Capital Corporation
Superior Court of California, County of San Mateo, Case No. 415620
Engaged by defendant Ameriquest in state UDAP cases regarding Ameriquest loan application procedures. Ameriquest settled cases on June 25, 2005.

Sergio Ruiz v. Countrywide Home Loans, Inc.; Peirson & Patterson, L.L.P.
United States Court of Appeals, Fifth Circuit Nos. 01-21028, 01-51190
Allegation that split of fees between Countrywide and counsel for document preparation violated RESPA and state UPL provisions. (witness for defendant Peirson & Patterson). Class action certification revoked on both issues.

ABN AMRO Group, Inc. vs. Emerson Manufactured Homes, LTD, et al
ABN AMRO Mortgage Group, Inc. vs. CBSK Financial Group, Inc. d/b/a American Home Loans, et al
Federal District Courts, Texas
Hired as expert witness in July 2005 for plaintiff ABN AMRO Home Mortgage. Plaintiff sought damages for fraud when plaintiff had to repurchase loans originated relying on false information. Settlements concluded in late 2005.

Williamson v. KB Home Mortgage
96th Judicial District, Tarrant County, TX
RESPA escrow accounting issue – Settled in 2006. Deposition taken in Houston, TX. Witness for defendant.

U.S. ex rel Gary Lacefield v. KB Home Mortgage
USDC for Northern District of Texas, Dallas Division
Qui Tam proceeding on same basic facts as Williamson case. Witness for defendant. Ongoing 2007.

Constance Raley, et al. v. Chase Home Financial, LLC f/k/a Chase Manhattan Mortgage Corporation, Cause No. 02-CC-1055A
Circuit Court for St. Louis County, Missouri
Witness for defendant regarding matter involving document preparation as an unauthorized practice of law. Hired January 2006. Deposed February 10, 2006. Settlement concluded in March 2006.

Benway v. Resource Real Estate Services, LLC, et al.
Circuit Court in Baltimore County, Maryland
Witness for defendant in March 2006 regarding class action challenge to affiliated business arrangement . Ongoing 2008.

Farley et al. v. HomeOwners Loan Corporation
USDC for Northern Alabama
Witness for defendant regarding class action claim that fees paid violated RESPA. Ongoing 2008.

Horton et al. v. Flow Doc Inc. et al.
Circuit Court of Pulaski County, Arkansas
Document preparation as unauthorized practice of law. Witness for Defendant. Ongoing 20087.

Pettrey v. Enterprise Title Agency
U.S.D.C., Northern District of Ohio, Eastern Division
Witness for defendant Enterprise Title Agency, alleged sham affiliated business arrangement.  Engaged December 2007.  Trial scheduled September 2008.