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Mortgage Lawsuits News | Mortgage Litigation Index
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Mortgage Fee Lawsuits
2007 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
Green Jacobson & Butsch
Missouri Supreme Court
.
Document preparation fee lawsuit results in settlement American Equity Mortgage involving 11,000 borrowers
.
James and Jill Baker
Circuit Court for Clay County, Mo
.
Purported class action lawsuit alleged that the defendants violated Missouri's Second Loan Act and Merchandising Practices Act
James and Jill Baker v. Century Financial Group Inc
Green Jacobson & Butsch
Missouri Supreme Court
.
Document preparation fee lawsuit results in settlement Chase Manhattan Mortgage Corp. involving 8,000 borrowers
.
.
Missouri Supreme Court
.
Countrywide must repay document preparation fee but court has yet to decide the extent of the lender's obligation
.
State of Connecticut
.
Civil penalty of $401,750 and a $100,000 donation
Connecticut settles with Countrywide after determining that the lender had imposed prepaid finance charges in excess of the 5 percent or $2,000 state maximum
.
EMC Mortgage Corp., Bear Stearns U.S. District Court, Connecticut . Bear Stearns Co.s and its servicing subsidiary accused of charging frivolous fees, losing payments and mismanaging escrow accounts on loans with nonprime minority borrowers in violation of the Fair Housing Act and Civil Rights laws .
Empire Funding Home Loan Owner Trust 1997-3; U.S. Bank, National Association; and Wilmington Trust Co. Michael and Amber Stallings U.S. District Court for the Western District of Tennessee . Purported class action alleges defendants violated Tennessee predatory lending laws governing second mortgage loans Michael and Amber Stallings v. Empire Funding Home Loan Owner Trust 1997-3; U.S. Bank, National Association; and Wilmington Trust Co.
Impac Funding Corp. . U.S. District Court, Tennessee . Purported class action alleges violations of Tennessee's usury statute and Consumer Protection Act Frazier, et al v. Impac Funding Corp.
Impac Funding Corp., Impac Mortgage Holdings Inc. et. al. Deborah Searcy, Shirley Walker, et al. Wayne County Circuit Court, Michigan . Purported class action lawsuit alleges that the defendants violated Michigan's Secondary Mortgage Loan Act, Credit Reform Act and Consumer Protection Act Deborah Searcy, Shirley Walker, et al. v. Impac Funding Corp., Impac Mortgage Holdings Inc. et. al.
Impac, IMH and other Impac-related entities Michael P. and Shellie Gilmor Circuit Court for Clay County, Mo . Purported class action lawsuit alleges that the defendants violated Missouri's Second Loans Act and Merchandising Practices Act Michael P. and Shellie Gilmor v. Preferred Credit Corp. and Impac Funding Corp., et al.
JP Morgan Chase Sylvia Cohen U.S. Court of Appeals, 2nd Circuit . Federal appellate court reinstated New York borrower suit which claimed JP Morgan Chase violations federal and state law by charging them a $225 post-closing fee. Cohen v. JP Morgan Chase
Midwest Bank Centre Green Jacobson & Butsch Missouri Supreme Court $1.2 million Unanimous court rules that document preparation fee paid by more than 1,000 mortgage borrowers to a St. Louis lender was illegal and will have to be repaid .
US Bank Green Jacobson & Butsch Missouri Supreme Court . Document preparation fee lawsuit results in settlement US Bank involving 20,000 borrowers .


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