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Bankruptcy Lawsuits
2007 Mortgage Litigation Report

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Legal issues surrounding borrowers who file for bankruptcy, including servicing bankrupt borrowers.

Case Title
American Express attempted to collect a debt outside of a cardholder's bankruptcy filing, but the case was dismissed after American Express was unable to prove the unaltered status of its electronic documents because it could not properly demonstrate what happens to documents held in its electronic record keeping system.
Jacalyn S. Nosek
U.S. Bankruptcy Court, District of Massachusetts
$750,000 for punitive and emotional distress damages, $1 for RESPA violations (on appeal)
Federal judge rules against lender for improper posting of debtor's payments to only the oldest outstanding pre-petition delinquencies, despite the fact that debtor was current
U.S. Trustee
U.S. Bankruptcy Court for Western Pennsylvania
Investigation by a U.S. trustee, in ten cases consolidated into one, to determine, among other things, whether Countrywide inflated the amount it is owed on bankruptcy claims
Countrywide Home Loan, Inc. Sharon Diane Hill U.S. Bankruptcy Court, Pennsylvania . Countrywide accused of fabricating escrow letters to show that a borrower who was facing foreclosure and had filed bankruptcy owed nearly $5,000 in payments. .
Wells Fargo Home Mortgage . . . Debtor, who was a certified public accountant, nor Wells Fargo's own representative could fully understand or explain the accounting offered because Wells' documentation was so confusing Jones v. Wells Fargo Home Mortgage

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