Appellate Success

​Palmer v. Aurora Loan Servs. LLC, 2017 Cal. App. Unpub. LEXIS 3414 (Cal. Ct. App. 2017)​

Court of Appeal, Second District, Division 6, California

Appellate Success

​Option One Mortg. Corp. v. Hovander, 2018 Wash. App. LEXIS 2099 (Wash. Ct. App. 2018)​

Court of Appeals of Washington, Division 1

Appellate Success

​Okanogan County v. Various Parcels of Real Prop., 13 Wn. App. 2d 341 (Wash. Ct. App. 2020)​

Court of Appeals of Washington, Division 3

Appellate Success

​Obduskey v. McCarthy & Holthus LLP, 139 S. Ct. 1029, 1035 (2019)​

Supreme Court of the United States

Appellate Success

​Obduskey v. Wells Fargo, 879 F.3d 1216 (10th Cir. 2018)​

United States Court of Appeals, Tenth Circuit

Appellate Success

​Nilsen v. Quality Loan Servicing Corp.of Wash., 2016 Wash. App. LEXIS 614 (Wash. Ct. App. 2016)​

Court of Appeals of Washington, Division 1

Appellate Success

​Nguyen v. Nationstar Mortg. LLC, 2018 Cal. App. Unpub. LEXIS 1214 (Cal. Ct. App. 2018)​

Court of Appeal, Fourth District, Division 3, California

Appellate Success

​Neal v. Quality Loan Serv. Corp., 301 Fed. Appx. 679 (9th Cir. 2008)​

United States Court of Appeals, Ninth Circuit

Appellate Success

​Moreno v. Bank of Am., N.A., 2019 N.M. App. Unpub. LEXIS 505 (N.M. Ct. App. 2019)​

Court of Appeals of New Mexico

Appellate Success

​Miles v. J.P. Morgan Chase Bank  (Tex.Ct.App. Jan. 15, 2015, No. 05-13-01337-CV) 2015 Tex. App. LEXIS 417.​

Court of Appeals of Texas, Dallas

Appellate Success

​Merry v. Quality Loan Serv. Corp. of Wash., Inc., 2015 LEXIS 2056 (Wash. Ct. App. 2015)​

Court of Appeals of Washington, Division 3

Appellate Success

​Meeker Court Condo. Owners Ass'n v. Gonzalez, 2018 WL 1907812  (Wash. Ct. App. 2018).

Court of Appeals of Washington, Division 1

Appellate Success

​Malloy v. Quality Loan Serv. of Wash., 2017 Wash. App. LEXIS 2800 (Wash. Ct. App. 2017)​

Court of Appeals of Washington, Division 1

Appellate Success

​Maddox Bey v. Guild Mortg. Co., 2018 Wash. App. LEXIS 78 (Wash. Ct. App. 2018)​

Court of Appeals of Washington, Division 1

Appellate Success

​Madden v. Bank of Am., N.A., 2013 Cal. App. Unpub. LEXIS 556 (Cal. Ct. App. 2013)​

Court of Appeal, Second District, California

Appellate Success

​Lyon v. Quality Loan Servs. Corp. of Wash., 2015 Wash. App. LEXIS 905 (Wash. Ct. App. 2015)​

Court of Appeals of Washington, Division 1

Appellate Success

​Kramer v. Quality Loan Servicing Corp., 666 Fed. Appx. 646 (9th Cir. 2016)​

United States Court of Appeals, Ninth Circuit

Appellate Success

​Kowalski v. Midcountry Fin. Corp., 2012 Cal. App. Unpub. LEXIS 7815 (Cal. Ct. App. 2012)​

Court of Appeal, Fifth District, California

Appellate Success

​Karl v. Quality Loan Serv. Corp., 553 Fed. Appx. 733 (9th Cir. 2014)​

United States Court of Appeals, Ninth Circuit

Appellate Success

​JPMorgan Chase Bank, N.A. v. Hudson, 2020 Cal. App. Unpub. LEXIS 1736 (Cal. Ct. App. 2020)​

Court of Appeal, Fourth District, Division 1, California

Appellate Success

​Jimenez v. Fannie Mae (Tex.Ct.App. July 7, 2016, No. 02-15-00229-CV) 2016 Tex. App. LEXIS 7192.​

Court of Appeals of Texas, Fort Worth

Appellate Success

​Jean-Louis v. J.P. Morgan Chase Bank, N.A., 676 Fed. Appx. 717 (9th Cir. 2017)​

United States Court of Appeals, Ninth Circuit

Appellate Success

​Janson v. Deutsche Bank Nat'l Trust Co., 2017 WL 1250092 (9th Cir. 2017)​

United States District Court, N.D. California

Appellate Success

​Jacobsen v. HSBC Bank USA, N.A., 713 Fed. Appx. 679 (9th Cir. 2018)​

United States District Court for the District of Nevada

Appellate Success

​Hermosillo v. Quality Loan Serv. Corp. of Wash., 2017 Wash. App. LEXIS 932 (Wash. Ct. App. 2017)​

Court of Appeals of Washington, Division 1

Appellate Success

​Heintz v. JP Morgan Chase Bank, NA, 2014 Wash. App. LEXIS 1474 (Wash. Ct. App. 2014)​

Court of Appeals of Washington, Division 1

Appellate Success

​Hayden v. Wells Fargo Bank, N.A., 2014 Cal. App. Unpub. LEXIS 6916 (Cal. Ct. App. 2014)​

Court of Appeal, Fourth District, Division 2, California

Appellate Success

​Harkey v. Beutler, 817 Fed. Appx. 389 (9th Cir. 2020)​

United States Court of Appeals, Ninth Circut

Appellate Success

​Guttormsen v. Aurora Bank, FSB, WL 4611328 (Wash. Ct. App. 2015)​

Court of Appeals of Washington, Division 1

Appellate Success

​Green v. Countrywide Home Loans, Inc., WL 2611156 (9th Cir. 2014)​

United States Court of Appeals, Ninth Circut

Appellate Success

​Grant v. First Horizon Home Loans, 2016 WL 3080730  (Wash. Ct. App. 2016)

Court of Appeals of Washington, Division 1

Appellate Success

​Grant v. First Horizon Home Loans,  2012 WL 1920931 (Wash.Ct.App.  2012)​

Court of Appeals of Washington, Division 1

Appellate Success

​Larson v. Snohomish County et. al.​

Washington State Court of Appeals

Appellate Success

​The Texas court of appeal upheld McCarthy & Holthus’ motion for summary judgment of alleged debt collection violations.​

Estevez v. Leader Fin. Servs. 2015 WL 708616

Appellate Success

​Plaintiff’s challenged the order of the Judicial Panel on Multidistrict Litigation dismissing their claims, without leave to amend. The Ninth Circuit confirmed the dismissal.​

Goodwin v. Countrywide Home Loans, Inc., 2014 WL 261072

Appellate Success

​Plaintiff’s appeals were consolidated. Plaintiff appealed the dismissal of her fraud action and ING’s judgment for possession of property. The Washington court of appeal confirmed the judgments in favor of McCarthy & Holthus’ client. ​

Gelinas v. U.S. Bank, 2017 WL 553277

Appellate Success

​Plaintiff’s appeals were consolidated. Plaintiff appealed the dismissal of her fraud action and ING’s judgment for possession of property. The Washington court of appeal confirmed the judgments in favor of McCarthy & Holthus’ client.​

Geary v. ING Bank, FSB, 2014 WL 4109714

Appellate Success

​Plaintiff’s complaint alleged defendant’s failure to provide a single point of contact under California’s Civil Code Section 2923.7. The dismissal of plaintiff’s complaint was upheld on appeal.​

Flate v. Nationstar Mortg., LLC, 2017 WL 2829531

Appellate Success

​The Texas court of appeal upheld Fannie Mae’s judgment in forcible detainer, finding that McCarthy & Holthus complied with all notice requirements.​

Farkas v. Fannie Mae 2012 WL 5351262

Appellate Success

​Defendant’s appeal was dismissed pursuant to procedural rules. ​

Fannie Mae v. Levey, 2017 WL 2105711

Appellate Success

​The court of appeal upheld the dismissal of Plaintiff’s complaint for the failure to state a cause of action.​

Espiriquetzal v. Quality Loan Serv. Corp. of Washington, 776 Fed. Appx. 464 (9th Cir. 2019)

Appellate Success

​The court of appeal upheld the dismissal of Plaintiff’s action based upon the doctrine of res judicata.​

Eng v. Wash. Mut. Bank, FA, 586 Fed. Appx. 376 (9th Cir. 2014)

Appellate Success

Dupre v. Mt. W. Fin., Inc., 678 Fed. Appx. 525 (9th Cir. 2017)

Appellate Success

​In a case of first impression, the central issue was whether a surviving spouse as surviving joint tenant takes property free and clear of an encumbrance when that surviving joint tenant is the subject of a no personal liability clause in a deed of trust. The courts agreed with McCarthy & Holthus that  If the surviving joint tenant consents to the encumbrance, the surviving joint tenant takes the property subject to the loans to which he or she consented. ​

Duarte v. Specialized Loan Servicing LLC, 2016 WL 3267585

Appellate Success

​Plaintiff's advanced numerous theories of potential liability including: Consumer Protection Act violations, breach of the Deed of Trust Act and intentional and negligent misrepresentations. McCarthy & Holthus, LLP prevailed on a motion for summary judgment which was upheld on appeal. ​

Djigal v. Quality Loan Serv. Corp. of Wash., 196 Wash.App. 1038 (2016)

Appellate Success

​Plaintiffs argued that the defendants were “imposters” and had no right to collect plaintiffs’ mortgage payments. Defendants’ demurrers were sustained without leave to amend and during the appeal the plaintiffs voluntarily refinanced the loan, thus mooting the appeal. ​

Dillenberg v. U.S. Bank, N.A. 2013 WL 6182648

Appellate Success

​The 9th Circuit confirmed the dismissal of the complaint for alleged FDCPA violations.​

Dietz v. Quality Loan Serv. Corp., 716 Fed. Appx. 734 (9th Cir. 2018)

Appellate Success

​Dickerson filed suit in state court and the defendants’ removed the litigation to federal court. Dickerson attempted to defeat diversity jurisdiction by adding McCarthy & Holthus as a defendant. The 9th Circuit confirmed the district court’s ruling that adding the firm was fraudulent and denied Dickerson’s attempts to remand the case to state court.​

Dickerson v. Wells Fargo Bank. 754 Fed. Appx. 637, 9th Cir. (Nev.) Feb. 25, 2019

Appellate Success

​In a judicial foreclosure action, McCarthy & Holthus obtained an order approving the special master’s report and confirming the foreclosure sale. The defendants appealed and the trial court’s order was affirmed.​

Deutsche Bank National Trust Co. v Huerta. 2015 WL 4381098

Appellate Success

​The plaintiffs argued that their note and deed of trust were void. McCarthy & Holthus prevailed on a motion for summary judgment which the court of appeal confirmed. ​

Daviscourt v. Quality Loan Services Corp. of Washington. 2017 WL 3589249

Appellate Success

​Following an eviction action, the former owners of the property sued McCarthy & Holthus for having represented Chase in that action. McCarthy & Holthus' special motion to strike the complaint was granted and upheld on appeal, and McCarthy & Holthus were awarded their attorney's fees. ​

Collins v. JP Morgan Chase Bank, 2017 WL 632773

Appellate Success

​The trial and appellate court each sustained McCarthy & Holthus’ demurrer, with leave to amend.​

Cole v. Aurora Loan Services, LLC. 2014 WL 4772548

Appellate Success

​The City of Clovis foreclosed on the Bryant’s property. Nationstar Mortgage argued that the notices of the foreclosure were ineffective as their counsel never notified them of the City’s sale. Nationstar transferred their interests to Bank of America who hired McCarthy & Holthus. McCarthy & Holthus successfully set aside the City’s sale and the decision was upheld on appeal.​

City of Clovis v. Bryant, WL 13156129

Appellate Success

​Judgment in favor of McCarthy & Holthus’ client for possession was upheld on appeal. ​

Chao-Tsu Lee v. Fannie Mat, WL 1018348

Appellate Success

​McCarthy & Holthus’ demurrer was sustained and confirmed on appeal. Castro argued that there was an invalid assignment of the debt. The court of appeal disagreed noting that Castro signed the promissory note and he expressly agreed that it could be sold. ​

Castro v. IndyMac INDX Mortgage Loan Trust 2005-, WL 3562455

Appellate Success

Callejas v. Fed. Nat'l Mortg. Ass'n, 2011 WL 2923759

Appellate Success

​Following a trustee’s sale, Cal-Western deposited surplus funds with the court. The Browns timely filed a claim with the court and Chase Bank filed a late claim. The trial court paid Chase’s claim in full and the Browns appealed claiming the court abused its discretion in allowing Chase’s claim. The Court of appeal agreed with McCarthy & Holthus that the statutory framework governing surplus fund distribution created a preference to pay lien holders prior to former owners.​

Cal-Western Reconveyance Corporation v. Brown 2015 WL 5694118

Appellate Success

Cal-Western Reconveyance Corp. v. Brown, 2015 WL5694118 (Sept. 29, 2015) ​

CALIFORNIA COURT OF APPEALS

Appellate Success

BOKF, N.A. v. Gonzalez,  2017 WL 2998830,  (June 28, 2017)​

NEW MEXICO COURT OF APPEALS

Appellate Success

Big Blue Capital Partners of Wash., LLC v. McCarthy & Holthus LLP, 191 Wash. App. 1025 (2015)​

WASHINGTON COURT OF APPEALS

Appellate Success

​Winters v. Quality Loan Serv. Corp. of Wash., 11 Wn.App.2d 628 (Wash.Ct.App.2019)

WASHINGTON COURT OF APPEALS

Appellate Success

​U.S. Bank v. Res.Grp., LLC, 444P.3d442 (Nev.SupremeCt.2019)

NEVADA SUPREME COURT

Appellate Success

​Benko v. Quality Loan Serv. Corp., 454 P.3d 1263 (Nev.SupremeCt.2019)

NEVADA SUPREME COURT

Appellate Success

​LSF9 Master Participation Trust v. Moreno,  2019 NMCA 055 (NM.Ct.App.2018)

NEW MEXICO COURT OF APPEALS

Appellate Success

​Baty v. Morequity, Inc.  2012 WL 5989436

TEXAS COURT OF APPEALS

Appellate Success

​Barton v. JP Morgan Chase Bank, N.A., 196 Wash.App. 1007 (Wash. Ct. App. 2016)

WASHINGTON COURT OF APPEALS

Appellate Success

​Barker v. GMAC Mortg. LLC, 612 Fed. Appx. 452 (9th Cir. 2015)

NINTH CIRCUIT COURT OF APPEALS

Appellate Success

​Bank of N.Y. Mellon v. Backholm, 2018 Ariz. App. Unpub. LEXIS 1203 (Ariz. Ct. App. 2018)

ARIZONA COURT OF APPEALS

Appellate Success

​Aniel v. Aurora Loan Servs. LLC, 550 Fed. Appx. 416 (9th Cir. 2013)

NINTH CIRCUIT COURT OF APPEALS

Appellate Success

Barnes v. Routh Crabtree Olsen PC; Federal National Mortgage Association et. al. D.C. No. 3:15-cv-01001-BR (9th Cir. June 30, 2020)

NINTH CIRCUIT COURT OF APPEALS

Appellate Success

In Re Salazar, 470 B.R. 557 (S.D. Cal. 2012)

CALIFORNIA COURT OF APPEALS

Appellate Success

Pro Value Properties, Inc. v. Quality Loan Service Corp., 170 Cal.App.4th 579 (2009)

CALIFORNIA COURT OF APPEALS

Appellate Success

Mabry v. Superior Court, 185 Cal.App.4th 208 (2010)

CALIFORNIA COURT OF APPEALS

Appellate Success

Jenkins v. JPMorgan Chase Bank, N.A., 216 Cal.App.4th 497 (2013)

CALIFORNIA COURT OF APPEALS

Appellate Success

Nationstar Mortg. LLC v. O’Malley, 415 P.3d 1022 (N.M. Ct. App. 2018)

NEW MEXICO COURT OF APPEALS

Appellate Success

Leahy v. Quality Loan Service Corp. of Wash., 359 P.3d 805 (Wash. Ct. App. 2015):

WASHINGTON COURT OF APPEALS

Appellate Success

Patrick v. Wells Fargo Bank, N.A. 385 P.3d 165 (Wash. Ct. App. 2016)

WASHINGTON COURT OF APPEALS

Appellate Success

In re Estate of Patton, 405 P.3d 205 (Wash. Ct. App. 2017

WASHINGTON COURT OF APPEALS

Appellate Success

Singh v. Fed. Nat’l Mortg. Ass’n, 428 P.3d 373 (Wash. Ct. App. 2018):

WASHINGTON COURT OF APPEALS

Appellate Success

Bank of N.Y. Mellon v. Dodev, 433 P.3d 549 (Ariz. App. 2018)

ARIZONA COURT OF APPEALS

Appellate Success

Markowitz v. Saxon Special Servicing, 310 P.3d 569 (Nev. 2013)

SUPREME COURT OF NEVADA

Appellate Success

Edwards v. Mortgage Electronic Registration Systems, Inc., 300 P.3d 43 (Idaho 2013)

SUPREME COURT OF IDAHO

Appellate Success

Vasquez v. Saxon Mortg., Inc., 228 Ariz 357

SUPREME COURT OF ARIZONA

Appellate Success

Obduskey v. McCarthy & Holthus, 139 S. Ct. 1029

SUPREME COURT OF THE UNITED STATES