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Mortgage Lawsuits News | Mortgage Litigation Index
Mortgage industry lawsuit news and mortgage litigation coverage. Stories about legal settlements, judgments and mortgage class actions.


Mortgage Fee Lawsuits
Third Quarter 2008 Mortgage Litigation Report

main report page

Lawsuits involving excessive fees, servicing fees and loan fees beyond state maximums.

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Filed Link to Story
Countrywide Financial Corporation, Countrywide Home Loans Inc., and Countrywide Home Loans Servicing LP State of Connecticut, Attorney General and Commissioner of Banking Superior Court, Judicial District of Hartford Civil penalties of up to $100,000 per violation, up to $5,000 per violation of state consumer protection laws, restitution for the borrowers and give back ill-gotten gains. The Connecticut Attorney General alleges overcharging, mortgage fraud and poor underwriting by Countrywide. State of Connecticut v. Countrywide Financial Corp., et al. na July 28, 2008 www.mortgagedaily.com/LawsuitCountrywideCt080608.asp
Countrywide Home Loans, Inc. Chapter 13 Trustee, Ronda J. Winnecour U.S. Bankruptcy Court for the Western District of Pennsylvania $325,000 Countrywide has settled with a chapter 13 bankruptcy trustee over allegations that it overcharged some borrowers as a result of delayed payment processing. In re Consolidated Proceedings Misc. No. 07-00203 October 2007 www.mortgagedaily.com/CountrywideTrusteeSettlement071808.asp
EMC Mortgage Corp. and Bear Stearns Federal Trade Commission U.S. District Court for the Eastern District of Texas $28 million The Federal Trade Commission announced settlement with Bear Stearns -- which was acquired by JPMorgan Chase & Co. in May -- and subsidiary EMC Mortgage Corp. Bear Stearns and EMC were charged with violating the FTC Act by misrepresenting amounts owed by borrowers and collecting unauthorized fees including late fees, property inspection fees and loan modification fees. Violations of the FDCPA, FCRA, and TILA were also alleged. Federal Trade Commission v. EMC Mortgage Corporation, et al. 4:08-CV-338 na www.mortgagedaily.com/EmcFtcSettlement090908.asp
Highland Banc Inc. and Eric B. Johnson Attorney General, State of Ohio and Ohio Department of Commerce Court of Common Pleas, Franklin County na The defendants are accused of failing to provide accurate disclosures as required by the Ohio Consumer Sales Practices Act, Real Estate Settlement Procedures Act and Ohio Mortgage Broker Act. Highland, based in Columbus, and Johnson are also accused of violating the Ohio Homebuyers Protection Act, which was enacted last year. Ohio v. Highland Banc. Inc., et al. Case No. 08CVH8 11343 Aug. 7, 2008 www.mortgagedaily.com/LawsuitsOhioAg080808.asp
James C. Platts, Easy Realty Solutions Inc., Guaranteed Results Co., and Easy Realty Solutions LLC Allegheny County Court of Common Pleas Allegheny Court of Common Pleas $3.6 Million A Pennsylvania man has been ordered to release liens on more than 100 illegal second mortgages and return more than $2 million in illegal fees. James C. Platts and his companies, Easy Realty Solutions Inc., Easy Realty Solutions LLC (doing business as Fieldstone Real Estate Co.) and Guaranteed Results Company na November 15, 2007 www.mortgagedaily.com/JudgmentEasyRealty091808.asp
John Robert Miller United States of America U.S. District Court for the Middle District of Florida Up to five years in prison, a $250,000 fine and restitution of $1.5 million A mortgage broker has pleaded guilty to helping a former executive of a Florida bank overcharge the banks borrowers. The two pocketed the difference while the bank wound up embroiled in lawsuits. United States v. Miller No. 8:08-cr-0030-T30 TBM na www.mortgagedaily.com/CoastFees081808.asp
LendingTree, Inc., et al. South Carolina South Carolina Court of Common Pleas, Anderson County between $1,500 and $7,500 per violation. LendingTree is accused of violating mortgage broker rules and failing to disclose its fees to borrowers. South Carolina v. LendingTree, Inc., et al. 2008CP0403021 September 4, 2008 www.mortgagedaily.com/WbskLawsuitLendingTree091908.asp
Paramount Equity Mortgage Inc.; Hayden D. Barnard; Mathew J. Dawson; and John J. Walker Washington Department of Financial Institutions na $500,000 fine and nearly $10,000 in examination and investigation fees The California-based mortgage company is accused of deceitful advertising, faulty disclosures and unlicensed originators. na No. C-07-405-08-SC01 na www.mortgagedaily.com/LicenseParamount072308.asp
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