CASE FILE New York Formerly Florida Fraudulent Foreclosure After A Tax Sale Fidelity National Title Insurance Company v. JP Morgan Chase Bank, N.A. Case 3 12-Cv-00540-GLS-DeP-1
0 оценок0% нашли этот документ полезным (0 голосов)
5K просмотров10 страниц
4closureFraud.org
Оригинальное название
CASE FILE New York Formerly Florida Fraudulent Foreclosure After a Tax Sale Fidelity National Title Insurance Company v. JP Morgan Chase Bank, N.a. Case 3 12-Cv-00540-GLS-DeP-1
0 оценок0% нашли этот документ полезным (0 голосов)
5K просмотров10 страниц
CASE FILE New York Formerly Florida Fraudulent Foreclosure After A Tax Sale Fidelity National Title Insurance Company v. JP Morgan Chase Bank, N.A. Case 3 12-Cv-00540-GLS-DeP-1
Fidelit y Nat ional Tit le I nsurance Company v. JP Morgan Chase Bank, N.A.
: : Just ia Docket s & Filings
ht t p: / / docket s.j ust ia.com/ docket / new-york/ nyndce/ 3: 2012cv00540/ 89139/ [ 3/ 30/ 2012 10: 26: 44 AM] Just ia > Docket s & Filings > New York > New York Nort hern Dist rict Court > Cont ract > Ot her Cont ract > Fidelit y Nat ional Tit le I nsurance Company v. . . . NEW - Recei ve Just i a' s FREE Dai l y New sl et t er s of Opi ni on Summar i es for t he US Supreme Court , all US Federal Appellat e Court s & t he 50 US St at e Supreme Court s and Weekly Pract ice Area Opinion Summaries Newslet t ers. Subscr i be Now Sign I n Share | Tw eet Like Fi del i t y Nat i onal Ti t l e I nsur ance Company v. JP Mor gan Chase Bank , N.A. Pl ai nt i f f : Fidelit y Nat ional Tit le I nsurance Company Def endant : JP Morgan Chase Bank, N. A.
Case Number : 3: 2012cv00540 Fi l ed: March 27, 2012
Cour t : New York Nort hern Dist rict Court Of f i ce: Binghamt on Office Count y : XX US, Out side St at e Pr esi di ng Judge: Gary L. Sharpe Ref er r i ng Judge: David E. Peebles
Nat ur e of Sui t : Cont ract - Ot her Cont ract Cause: 28: 1441 Jur i sdi ct i on: Diversit y Jur y Demanded By : Plaint iff
Access addi t i onal case i nf or mat i on on PACER Use t he links below t o access addit ional informat ion about t his case on t he US Court ' s PACER syst em. A subscript ion t o PACER is required. Access t his case on t he New York Nort hern Dist rict Court ' s Elect ronic Court Filings ( ECF) Syst em Search for Part y Aliases Associat ed Cases At t orneys Case File Locat ion Case Summary Docket Report Hist ory/ Document s Part ies Relat ed Transact ions Check St at us Today on Ver di ct Thr ee Key Ex changes i n t he Obamacar e Or al Ar gument Just ia columnist and Cornell law professor Michael Dorf comment s on t hree import ant exchanges among t he Supreme Court s Just ices t hat occurred during t he Obamacare oral argument . By Mi chael C. Dor f Ask a Law y er Quest i on: 18 Answers Level 4 14 Answers Level 6 12 Answers Level 5 12 Answers Level 4 10 Answers Level 6 View More Legal Answ er s Leader s Mr . Mi n G Ki m 880 Point s Davi d Phi l i p Shapi r o Esq 705 Point s Goj k o Kasi ch 600 Point s Vi ncent Ronal d Ross 560 Point s Andr ew Br esal i er 500 Point s J ust i a on Like 100574 likes. Sign Up t o see what your friends like.
Filed I n: Judge: Case Type: Doc Filt er: Filed Aft er: Filed Before: Part y Name: Advanced Search New York Nor Any All Types All Case Filings All Dat es Now Just ia. com Lawyer Direct ory Legal Answers Law Blogs Dock et s & Fi l i ngs more Ask Question Search Fidelit y Nat ional Tit le I nsurance Company v. JP Morgan Chase Bank, N.A. : : Just ia Docket s & Filings ht t p: / / docket s.j ust ia.com/ docket / new-york/ nyndce/ 3: 2012cv00540/ 89139/ [ 3/ 30/ 2012 10: 26: 44 AM] 2007- 2012 Just ia : : Company : : Terms of Service : : Privacy Policy : : Cont act Us The Just ia Federal Dist rict Court Filings & Docket s sit e republishes public lit igat ion records ret rieved from t he US Federal Dist rict Court s. These filings and docket sheet s should not be considered findings of fact or liabilit y, and do not necessarily reflect t he view of Just ia. Sear ch f or t hi s case: Fi del i t y Nat i onal Ti t l e I nsur ance Company v . JP Mor gan Chase Bank , N.A. Search Blogs [ Just ia BlawgSearch | Blawg. com | Bloglines | Google Blogsearch | Technorat i ] Search News [ Google News | Market wat ch | Wall St reet Journal | Financial Times | New York Times ] Search Web [ Legal Web | Google | Bing | Yahoo | Ask ] Pl ai nt i f f : Fi del i t y Nat i onal Ti t l e I nsur ance Company Search Docket s [ Docket s ] Search Blogs [ Just ia BlawgSearch | Blawg. com | Bloglines | Google Blogsearch | Technorat i ] Search News [ Google News | Market wat ch | Wall St reet Journal | Financial Times | New York Times ] Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] Search Web [ Legal Web | Google | Bing | Yahoo | Ask ] Def endant : JP Mor gan Chase Bank , N.A. Search Docket s [ Docket s ] Search Blogs [ Just ia BlawgSearch | Blawg. com | Bloglines | Google Blogsearch | Technorat i ] Search News [ Google News | Market wat ch | Wall St reet Journal | Financial Times | New York Times ] Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] Search Web [ Legal Web | Google | Bing | Yahoo | Ask ] Just ia Lawyer, Legal Aid & Services Direct ory: XX US, Out side St at e Count y Business Lawyers and New York Business Lawyers Law y er s - Get Poi nt s! Answer Quest ions and Get Feat ured Here Recent Legal Answ er Q: I hav e a t hi r d pet t y t hef t char ge and i t i s bei ng br ought t o t r i al w hat am i l ook i ng at r eal i st i cl y A: Depending on t he Judge and numerous ot her fact ors, you could very well be looking at j ail t ime if you go t o t rial and are found guilt y by t he Judge or Jury. Daniel Berman Berman & Tsombanakis. . . [ more] Answered by Daniel Marc Berman Law y er s - Answ er Quest i ons Get Your Answer Feat ured Here! Follow Just iaCom Like Just ia Connect w i t h Just i a Just i a on Facebook 100,574 people like Just i a. Joanne Kat hleen Marit t a Donna Rachel Like Facebook social plugin Browse Lawyers Fi nd a Law y er
Law y er s - Get Li st ed Now ! Get a free full direct ory profile list ing Business Search U.S. District Court Northern District of New York - Main Office (Syracuse) [LIVE - Version 5.0.3] (Binghamton) CIVIL DOCKET FOR CASE #: 3:12-cv-00540-GLS-DEP Fidelity National Title Insurance Company v. JP Morgan Chase Bank, N.A. Assigned to: Chief Judge Gary L. Sharpe Referred to: Magistrate Judge David E. Peebles Case in other court: Florida Middle, 3:10-cv-01153 Cause: 28:1441 Petition For Removal--Other Contract Date Filed: 03/27/2012 Jury Demand: Plaintiff Nature of Suit: 190 Contract: Other Jurisdiction: Diversity Plaintiff Fidelity National Title Insurance Company V. Defendant JP Morgan Chase Bank, N.A. as Indenture Trustee on behalf of the Noteholders and Note Insurer of ABFS Mortgage Loan Trust 2001-3, Mortgage Backed Notes, c/o Ocwen Loan Servicing, LLC Date Filed # Docket Text 12/16/2010 1 NOTICE OF REMOVAL from Fourth Judicial Circuit in and for Duval County, Florida, case number 16-2010-CA-13302 filed in State Court on 10/22/2010. Filing fee $ 350, receipt number J1103 filed by JP Morgan Chase Bank, N.A.. (Attachments: # 1 Exhibit) (Counsel notified re: cd/civil cover sheet)(TL) [Transferred from Florida Middle on 3/27/2012.] (Entered: 12/17/2010) 12/16/2010 2 COMPLAINT against JP Morgan Chase Bank, N.A. with Jury Demand filed by Fidelity National Title Insurance Company.(TL) (Filed in State Court, modified on 12/17/2010) (TL). [Transferred from Florida Middle on 3/27/2012.] (Entered: 12/17/2010) 12/16/2010 3 CERTIFICATE of interested persons and corporate disclosure statement by JP Morgan Chase Bank, N.A.. (TL) [Transferred from Florida Middle on 3/27/2012.] (Entered: 12/17/2010) 12/17/2010 4 AMENDED STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Jacksonville Divisional Judges on 5/25/05. (TL) [Transferred from Florida Middle on 3/27/2012.] (Entered: 12/17/2010) 12/22/2010 5 ORDERED: Defendant shall have until January 7, 2011, to provide the Court with sufficient information so that it can determine whether it has jurisdiction over this action. See Order for details. Signed by Judge Marcia Morales Howard on 12/21/2010. (MEH) [Transferred from Florida Middle on 3/27/2012.] (Entered: 12/22/2010) 12/22/2010 6 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 12/22/2010. (Attachments: # 1 Case Management Report Form, # 2 Consent Letter and Form)(JW) [Transferred from Florida Middle on 3/27/2012.] (Entered: 12/22/2010) 01/07/2011 7 MEMORANDUM in support re 1 Notice of removal, 5 Order Requiring Sufficient Information to Establish Jurisdiction filed by JP Morgan Chase Bank, N.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Tran, Steve) [Transferred from Florida Middle on 3/27/2012.] (Entered: 01/07/2011) 01/07/2011 8 DECLARATION of Jill S. David by JP Morgan Chase Bank, N.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Tran, Steve) [Transferred from Florida Middle on 3/27/2012.] (Entered: 01/07/2011) 01/07/2011 9 NOTICE to the Courts to take judicial notice regarding Recorded Bargain and Sale Deed by JP Morgan Chase Bank, N.A.. (Attachments: # 1 Exhibit D)(Tran, Steve) [Transferred from Florida Middle on 3/27/2012.] (Entered: 01/07/2011) 01/07/2011 10 NOTICE of Appearance by Beranton J. Whisenant, Jr on behalf of Fidelity National Title Insurance Company (Whisenant, Beranton) Counsel notified to refile with entire electronic signature. Modified on 1/10/2011 (DTS). [Transferred from Florida Middle on 3/27/2012.] (Entered: 01/07/2011) 01/13/2011 11 DECLARATION of Thomas E. Reardon re 7 Memorandum in support by JP Morgan Chase Bank, N.A.. (Tran, Steve) [Transferred from Florida Middle on 3/27/2012.] (Entered: 01/13/2011) 03/15/2011 12 ORDER TO SHOW CAUSE why this case should not be dismissed for lack of prosecution or sanctions imposed due to the parties' failure to file a Case Management Report. Show Cause Response due by 3/29/2011. Signed by Judge Marcia Morales Howard on 3/15/2011. (JW) [Transferred from Florida Middle on 3/27/2012.] (Entered: 03/15/2011) 03/18/2011 13 MOTION for Hearing on Judicial Order Entered on December 22, 2010 by JP Morgan Chase Bank, N.A.. (Tran, Steve) [Transferred from Florida Middle on 3/27/2012.] (Entered: 03/18/2011) 03/29/2011 14 RESPONSE TO ORDER TO SHOW CAUSE re 12 Order to show cause filed by JP Morgan Chase Bank, N.A.. (Tran, Steve) [Transferred from Florida Middle on 3/27/2012.] (Entered: 03/29/2011) 03/29/2011 15 CASE MANAGEMENT REPORT. (Tran, Steve) Stricken see Court's Order Doc. #17. Modified on 4/7/2011 (DTS). [Transferred from Florida Middle on 3/27/2012.] (Entered: 03/29/2011) 03/29/2011 16 CASE MANAGEMENT REPORT. (Whisenant, Beranton) Stricken see Court's Order Doc. #17. Modified on 4/7/2011 (DTS). [Transferred from Florida Middle on 3/27/2012.] (Entered: 03/29/2011) 04/06/2011 17 ORDER granting 13 Motion for Hearing on Judge's Order Filed on December 22, 2010; Hearing set for April 21, 2011 at 10:00 AM before Judge Marcia Morales Howard in Courtroom 10B; striking 15 Case Management Report and 16 Case Management Report; See Order for details. Signed by Judge Marcia Morales Howard on 4/5/2011. (MGG) [Transferred from Florida Middle on 3/27/2012.] (Entered: 04/06/2011) 04/11/2011 18 MOTION to amend/correct Plaintiff's Motion to Join Additional Party and to File an Amended Complaint and for Remand and Incorporated Memorandum of Law by Fidelity National Title Insurance Company. (Whisenant, Beranton) [Transferred from Florida Middle on 3/27/2012.] (Entered: 04/11/2011) 04/11/2011 19 Motion to Join Additional Party, File an Amended Complaint to remand and incorporate memorandum of law by Fidelity National Title Insurance Company. (DTS) [Transferred from Florida Middle on 3/27/2012.] (Entered: 04/12/2011) 04/19/2011 20 ORDERED: Plaintiff shall confer with counsel for Defendant regarding its position on 19 Plaintiff's Motion to Join Additional Party and to File an Amended Complaint and for Remand, and file a certification pursuant to Local Rule 3.01(g) on or before April 29, 2011. The hearing set for April 21, 2011, at 10:00 a.m. is cancelled. On or before April 29, 2011, Plaintiff shall advise the Court of its position regarding 7Defendant's Brief in Support of Removal. Signed by Judge Marcia Morales Howard on 4/19/2011. (JW) [Transferred from Florida Middle on 3/27/2012.] (Entered: 04/19/2011) 04/25/2011 21 CERTIFICATION of Good Faith by Fidelity National Title Insurance Company. (Whisenant, Beranton) (Modified on 4/27/2011 to edit text) (DSY). [Transferred from Florida Middle on 3/27/2012.] (Entered: 04/25/2011) 04/25/2011 22 RESPONSE in opposition re 19 MOTION to remand filed by JP Morgan Chase Bank, N.A. (Tran, Steve) [Transferred from Florida Middle on 3/27/2012.] (Entered: 04/25/2011) 04/26/2011 23 RESPONSE re 1 Notice of removal Plaintiff's Position Regarding Defendant's Brief in Support of Removal filed by Fidelity National Title Insurance Company. (Whisenant, Beranton) [Transferred from Florida Middle on 3/27/2012.] (Entered: 04/26/2011) 05/04/2011 24 MOTION to transfer case To The Northern District of New York by JP Morgan Chase Bank, N.A.. (Tran, Steve) [Transferred from Florida Middle on 3/27/2012.] (Entered: 05/04/2011) 05/04/2011 25 DECLARATION of Jill S. David re 24 MOTION to transfer case To The Northern District of New York by JP Morgan Chase Bank, N.A.. (Tran, Steve) [Transferred from Florida Middle on 3/27/2012.] (Entered: 05/04/2011) 05/04/2011 26 NOTICE to the Courts to take judicial notice regarding Certain Public Documents by JP Morgan Chase Bank, N.A.. (Tran, Steve) [Transferred from Florida Middle on 3/27/2012.] (Entered: 05/04/2011) 05/05/2011 27 ENDORSED ORDER regarding 23 Plaintiff, Fidelity National Title Insurance Company's Position Regarding Defendant's Brief in Support of Removal. The Court construes this as a motion to remand. Accordingly, Defendant shall file a response no later than May 20, 2011. Signed by Judge Marcia Morales Howard on 5/5/2011. (JW) [Transferred from Florida Middle on 3/27/2012.] (Entered: 05/05/2011) 05/20/2011 28 RESPONSE in opposition re 24 MOTION to transfer case To The Northern District of New York filed by Fidelity National Title Insurance Company. (Whisenant, Beranton) [Transferred from Florida Middle on 3/27/2012.] (Entered: 05/20/2011) 05/20/2011 29 RESPONSE re 27 Order, 23 Response to Plaintiff's Motion to Remand filed by JP Morgan Chase Bank, N.A.. (Tran, Steve) [Transferred from Florida Middle on 3/27/2012.] (Entered: 05/20/2011) 05/26/2011 30 DECLARATION of Steve D. Tran, Esquire, Counsel for Defendant by JP Morgan Chase Bank, N.A.. (Tran, Steve) [Transferred from Florida Middle on 3/27/2012.] (Entered: 05/26/2011) 12/12/2011 31 ORDER denying 19 Plaintiff's Motion to Join Additional Party and to File an Amended Complaint and for Remand and Incorporated Memorandum of Law. Signed by Magistrate Judge James R. Klindt on 12/12/2011. (JLD) [Transferred from Florida Middle on 3/27/2012.] (Entered: 12/12/2011) 12/26/2011 32 MOTION to review Magistrate Judge order re 31 Order on motion to remand by Fidelity National Title Insurance Company. (Whisenant, Beranton) [Transferred from Florida Middle on 3/27/2012.] (Entered: 12/26/2011) 01/08/2012 33 RESPONSE to motion re 32 MOTION to review Magistrate Judge order re 31 Order on motion to remand filed by JP Morgan Chase Bank, N.A.. (Tran, Steve) [Transferred from Florida Middle on 3/27/2012.] (Entered: 01/08/2012) 01/20/2012 34 MOTION to dismiss Plaintiff's Complaint by JP Morgan Chase Bank, N.A.. (Attachments: # 1 Exhibit)(Tran, Steve) [Transferred from Florida Middle on 3/27/2012.] (Entered: 01/20/2012) 01/20/2012 35 DECLARATION of Jill David re 34 MOTION to dismiss Plaintiff's Complaint by JP Morgan Chase Bank, N.A.. (Tran, Steve) [Transferred from Florida Middle on 3/27/2012.] (Entered: 01/20/2012) 01/20/2012 36 NOTICE to the Courts to take judicial notice regarding 34 MOTION to dismiss Plaintiff's Complaint by JP Morgan Chase Bank, N.A.. (Tran, Steve) [Transferred from Florida Middle on 3/27/2012.] (Entered: 01/20/2012) 02/08/2012 37 RESPONSE in opposition re 34 MOTION to dismiss Plaintiff's Complaint filed by Fidelity National Title Insurance Company. (Whisenant, Beranton) [Transferred from Florida Middle on 3/27/2012.] (Entered: 02/08/2012) 03/26/2012 38 ORDER overruling 32 Plaintiff's Objection to Magistrate Judge's Pretrial Order; affirming 31 Order. Signed by Judge Marcia Morales Howard on 3/23/2012. (JW) [Transferred from Florida Middle on 3/27/2012.] (Entered: 03/26/2012) 03/26/2012 39 ORDER granting 24 Defendant's Motion to Transfer Action to the Northern District of New York. The Clerk of the Court is directed to transfer this case to the Northern District of New York and close this file. Signed by Judge Marcia Morales Howard on 3/23/2012. (JW) [Transferred from Florida Middle on 3/27/2012.] (Entered: 03/26/2012) 03/27/2012 40 Case transferred in from District of Florida Middle; Case Number 3:10-cv-01153. electronically transferred when case opened (Entered: 03/27/2012) 03/27/2012 41 NOTICES of Admission Requirement for attorneys Beraton Whisenant, Jr., and Steve Tran, Esqs. Admissions due by 4/26/2012. (Attachments: # 1 Tran Notice re: Admission)(amt) (Entered: 03/27/2012) 03/27/2012 42 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 5/18/2012 at 11:00 AM in Binghamton before Magistrate Judge David E. Peebles. Civil Case Management Plan due by 5/4/2012. (amt) [counsel served via reg. mail w/notices of admission] (Entered: 03/27/2012) PACER Service Center Transaction Receipt 03/30/2012 13:15:47 PACER Login: cc8982 Client Code: Description: Docket Report Search Criteria: 3:12-cv-00540-GLS- DEP Billable Pages: 4 Cost: 0.32 Case 3:12-cv-00540-GLS-DEP Document 2 Filed 12/16/10 Page 1 of 4 .. ' IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA FIDELITY NATIONAL TITLE INSURANCE COMPANY, Plaintiff, v_ JPMORGAN CHASE BANK, NA, as Indenture Trustee on Behalf of the NOicholders and Note Insurer of ABFS MORTGAGE LOAN TRUST 200 1-3, MORTGAGE BACKED NOTES, clo OCWEN LOAN SERVICING, LLC, Defendant. CASE NO. : ,, - ;iliklN C I 't & D_ FOR IXXX -Mi. {O-fN-frs 3-- DIVISION CV-D __________________________ Plaintiff, Fidelity National Title Insurance Company ("FNTlC"), by and through its undersigned counsel, sues JPMORGAN CHASE BANK. N.A., as Indenture Trustee on Behalf of the Notcholdcrs and Nole Insurer of ABFS MORTGAGE LOAN TRUST 2001-3, MORTGAGE BACKED NOTES, clo OCWEN LOAN SERVICING, LLC (hereinaOer "JPMorgan") .\IId ulleges as follows: PARTIES I. FNTIC is a Nebraska corporation with its principal place of business located in Jacksonville, Duval County, Florida. 2. Defendant JPMorgan Chase Bank, N.A. as Indenture Trustee on Behalf of the Noteholders and the NOle Issuer of AI3FS Mortgage Loan Trust 200L-3 Mortgage Backed NOles, clo Dewell Loan Servicing, LLC ("JPMorgan") is a Florida limilcd liability company with ils principal place of business localed al 1661 Worthington Road, Suite 100, West ,Palm Beach, Palm Deaeh County. Florida 33409. Case 3:12-cv-00540-GLS-DEP Document 2 Filed 12/16/10 Page 2 of 4 .' FACTUAL ALLEGATIONS 3. This case involves sc\'crallraJlsaclions in\'olving real property commonly known as Box 257 Bmce Hill RO:ld aIk.Ia 54! Bruce Hill Road, Harpersfield. New York 13786 (the "Property"). 4. FNTtC is infonned and believes and thereupon alleges that Linda Playford and Roscoe Playford ("Playford") acquired title to the Property in July 2001. TIle Playford's financed the aC{luisilion of Ihe Property with a mortgage Ihat was assigned 10 IPMorgan on July 9, 200 J (the "Mangagc"). 5. On August 31, 2006 JPMorgan filed a luwsuil in Delawilfl! County. New York seeking 10 judicially foreclose the Mortgage. 6. FNTIC is infomlcd and believes and thereupon alleges thai 011 April 9, 2007 a tnx sale deed was recorded in favor of Dcluwarc County in which Ihe Property was conveyed to Delaware County as u result of Playford' s failure 10 pay taxes owed in 2005. 7. On April 17, 2007 JPMorgan obtained ajudgmenl of foreclosure against Playford, which was recorded with the office of the c1crk of Delaware County on April 25,2007. 8. FNTlC is infonned and belicvcs and thereupon alleges that on July 31, 2007 Delaware County conveyed the Propeny to Linda Playford. 9. FNTlC is infonned and believes ~ d thereupon alleges th<'!1 on October 10, 2007 JPMorgan conducted a foreclosure sale in which tilt: Property was conveyed to it. 10. FNTIC is infonncd and believes and thereupon allcgcs thai on August II, 2 Case 3:12-cv-00540-GLS-DEP Document 2 Filed 12/16/10 Page 3 of 4 2008 JPMorgan purported to cOllvey litlc to {he ProperlY 10 Dr Schneider Development Corp. ("DT"). Also, FNTIC issued an owner's policy of title insurance (the "Policy") to DT insuring the validity of DT's title to the IJroperty. II. FNTIC is informed and believes and thereupon alleges that on December 3D, 2008 Playford conveyed title to the Property to Eklund Farm Machinery, Inc. ("Eklwld"). 12. On February 5. 2009 Eklund filed suit against DT seeking to quiet tide to the ProperlY. On February 23, 2009 OT tendered n claim to FNTIC as a resu!! of Eklund's service of its suil on DT. 13. On October 9, 200? the New York Slate Supreme COlill granted EklWld's motion for summary judgment and denied DT's cross-Illotion for SUlIlIUilI)' judgment, ruling that Eklund had title to the Property because the execlition of the tax deed to Delaware County wiped out lPMorgan's Mortgage interest in the Property and thus lPMorgan had no interest to convey 10 DT. The judgment was entered in favor of Eklund on January 22, 2010 and FNTlC is infonned and believes and thereupon alleges that this judgment is now final. 14. On August 19, 2010 FNTlC resolved DT's claim all the POlicy by paying OT $72,000.00. Illis payment was made pur$u,ml lu FNTIC's obligations under Ihe Policy, and not as a volWlteer. FNTlC also incurred expenses in derending DT in Eklund's suit, 10laling $25,000.00. Given these payments, FNTlC is now DT's subrogee. COUNT 1- UNJUST ENRICHMENT 15. Plaintiff re-alleges paragraphs I Ihrough 14 as though fully set rOllh herein. 16. Defendant has been unjustly enriched in the amount or $97,000.00. Case 3:12-cv-00540-GLS-DEP Document 2 Filed 12/16/10 Page 4 of 4 .. '. 17. FNTle, not .IS a \'olulHecr, pa.id a debt justly owed by de rend ant und, accordingly, to permit defcndant to retain the moncy that should have paid that debt is (0 unjustly enrich them in that amount. WHEREFORE, FNTIC dClllaJlds relier as follows: I. Judgment against defcnd,Ul1 ill (hI.! amount ofS97 ,000.00; 2. Pre and post-judgment interest on this J mOlUlt; ). Costs and disbursements incurred herein; and 4. All other rclicfthut the court dcemsjust and equitable. Respectrully Submitted, FOl.EY & MANSFIELD, P.L.L.P. 4770 Biscayne Boulevard, Suite 1000 Mi<1mi, Florida 33 1)7 Telepholll.!: (305) 438-9899 facsimile: (305) 438-9819 ~ _ . L ~ L 4 BERANTON J. WHISENANT, JR. Florida. Bar No.: 0788651 bwhisenant@foleymansficld.com
United States v. James Vernon Heath, Donald Ralph Babb, Sharon Rose Babb, Deborha Gayle Hyams, Ray Richmond, Alice Jean Powell, Ted Richardson, and Tony Richardson, 580 F.2d 1011, 10th Cir. (1978)