Silvas v. GMAC Mortgage, LLC et al

Plaintiff: Cesar F Silvas
Defendant: GMAC Mortgage, LLC, Mortgage Electronic Registration Systems, Inc., Residential Funding Company, LLC, Residential Funding Company LLC, Residential Acredit Loans, Inc., GMAC-RFC Securities, RALI Series 2007-QA3 Trust, Deutsche Bank Trust Company Americas, Executive Trustee Services, LLC., HSBC Bank USA, N.A., First National Bank of Arizona and JP Morgan Chase Bank, N.A.
Case Number: 2:2009cv00265
Filed: February 10, 2009
Court: Arizona District Court
Office: Other Statutory Actions Office
County: Maricopa
Presiding Judge: G Murray Snow
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 28:1441 Petition for Removal

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
April 8, 2010 76 Opinion or Order of the Court ORDER that Defendant's 75 Motion for Sanctions and Involuntary Dismissal is GRANTED and Plaintiff's Complaint is dismissed without prejudice. Signed by Judge G Murray Snow on 04/08/10. (ESL)
January 5, 2010 68 Opinion or Order of the Court AMENDED ORDER that Pla's Motion to Reconsider Set Aside Foreclosure Proceeding and Void any Granting and Conveyance of Pla's Property Dkt. # 62 is DENIED. FURTHER ORDERED that Dfts' Motion to Strike Pla's "Response/Rebuttal to Dfts' Reply in Support of Motion to Dismiss the Second Amended Complaint With Prejudice" Dkt. # 61 is GRANTED. FURTHER ORDERED that Dfts' Motion to Dismiss the Second Amended Complaint With Prejudice Dkt. # 45 is GRANTED IN PART a nd DENIED IN PART: 1. Regarding Claim I (Breach of Contract), the Motion is granted. 2. Regarding Claims II (Injunctive Relief), the Motion is granted to the extent Pla alleges this as a separate cause of action. This remedy may be available for othe r underlying legal theories, however. 3. Regarding Claim III (Conspiracy to Commit Fraud Using the MERS System), the Motion is granted. 4. Regarding Claim IV (Quiet Title), the Motion is granted to the extent Pla alleges this as a separate cause of a ction. This remedy may be available for other underlying legal theories, however. 5. Regarding Claim V (TILA), the Motion is granted. 6. Regarding Claim VI (HOEPA), the Motion is granted. 7. Regarding Claim VII (FHA), the Motion is denied. 8. Regardi ng Claim VIII (RESPA), the Motion is granted-in-part and denied-in-part. 9. Regarding Claim IX (UDAP, ACFA, Fraud in the Factum and Fraud in the Inducement), the Motion is granted. 10. Regarding Claim X (Civil Conspiracy), the Motion is granted.11. R egarding Claim XI (FDCPA), the Motion is granted. 12. Regarding Claim XII (FCRA), the Motion is granted. 13. Regarding Claim XIII (Declaratory Relief), the Motion is granted to the extent Pla alleges this as a separate cause of action. This remedy ma y be available for other underlying legal theories, however. FURTHER ORDERED that Pla's Motion for Leave to Join Necessary and Indispensable Third Parties Dkt. # 54 is DENIED WITHOUT PREJUDICE. FURTHER ORDERED that Pla's First Motion for Leave to Amend Complaint Dkt. # 57 is DENIED WITHOUT PREJUDICE. FURTHER ORDERED that Dfts' Motion for Sanctions Dkt. # 61 is DENIED. Signed by Judge G Murray Snow on 1/4/10. (KMG)
December 1, 2009 64 Opinion or Order of the Court ORDER that Plaintiff's Motion to Reconsider Set Aside Foreclosure Proceeding and Void any Granting and Conveyance of Plaintiff's Property 62 is denied. ORDER that Defendants' Motion to Strike Plaintiff's Response/Rebuttal 61 i s granted. ORDER that Defendants' Motion to Dismiss the Second Amended Complaint with Prejudice 45 is granted in part and denied in part. Regarding Claim I (Breach of Contract), the Motion is granted. Regarding Claims II (Injunctive Relief), t he Motion is granted to the extent Plaintiff alleges this as a separate cause of action. This remedy may be available for other underlying legal theories, however. Regarding Claim III (Conspiracy to Commit Fraud Using the MERS System), the Motion is granted. Regarding Claim IV (Quiet Title), the Motion is granted to the extent Plaintiff alleges this as a separate cause of action. This remedy may be available for other underlying legal theories, however. Regarding Claim V (TILA), the Motion is gr anted. Regarding Claim VI (HOEPA), the Motion is granted. Regarding Claim VII (FHA), the Motion is denied. Regarding Claim VIII (RESPA), the Motion is granted. Regarding Claim IX (UDAP, ACFA, Fraud in the Factum and Fraud in the Inducement), the Moti on is granted. Regarding Claim X (Civil Conspiracy), the Motion is granted. Regarding Claim XI (FDCPA), the Motion is granted. Regarding Claim XII (FCRA), the Motion is granted. Regarding Claim XIII (Declaratory Relief), the Motion is granted to the extent Plaintiff alleges this as a separate cause of action. This remedy may be available for other underlying legal theories, however. ORDER that Plaintiff's Motion for Leave to Join Necessary and Indispensable Third Parties 54 is denied without prejudice. ORDER that Plaintiff's First Motion for Leave to Amend Complaint 57 is denied without prejudice. ORDER that Defendants' Motion for Sanctions 61 is denied Signed by Judge G Murray Snow on 11/30/09.(TLJ)
August 21, 2009 58 Opinion or Order of the Court ORDER denying 52 Plaintiff's Motion to Set Aside Foreclosure Proceedings; denying 52 Plaintiff's Motion to Vacate Forcible Detainer Judgment and Void any Granting and Conveyance. Signed by Judge G Murray Snow on 8/21/09.(TLJ)
April 23, 2009 28 Opinion or Order of the Court ORDER denying without prejudice Plaintiff's 17 Motion to Remand to State Court; granting Defendants' 7 Motion for a More Definite Statement; by 5/22/09 Plaintiff shall file and serve: (1) a second amended compliant in compliance with this order, or (2) a statement that he abandons his claims. Signed by Judge G Murray Snow on 4/23/09.(REW, )
March 24, 2009 22 Opinion or Order of the Court ORDER denying without prejudice Plaintiff's 18 Motion for Temporary Restraining Order, Preliminary and Permanent Injunction and Order to Show Cause. Signed by Judge G Murray Snow on 3/24/09.(REW, )

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Arizona District Court's Electronic Court Filings (ECF) System

Search for this case: Silvas v. GMAC Mortgage, LLC et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Cesar F Silvas
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: GMAC Mortgage, LLC
Represented By: Brian Jay Schulman
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Mortgage Electronic Registration Systems, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Residential Funding Company, LLC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Residential Funding Company LLC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Residential Acredit Loans, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: GMAC-RFC Securities
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: RALI Series 2007-QA3 Trust
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Deutsche Bank Trust Company Americas
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Executive Trustee Services, LLC.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: HSBC Bank USA, N.A.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: First National Bank of Arizona
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: JP Morgan Chase Bank, N.A.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?