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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.


Foreclosure Lawsuits
Fourth-Quarter 2011 Mortgage Litigation Index

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back to Mortgage Litigation Index

Servicer-related litigation, foreclosure lawsuits and cases against foreclosure rescue services.

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Filed Date of Activity Link to Story
Acceptance Financial Corp. State of Illinois Cook County Circuit Court $14,667 Complaint filed. na na Dec. 2011 na www.mortgagedaily.com/LitigationForeclosureFirms011612.asp
Duke Renslow and Tina Renslow Wells Fargo Nevada Supreme Court na Plaintiff is challenging the state's foreclosure mediation program because it allegedly violates the state's basic charter and the U.S. Constitution Wells Fargo Bank, Appellant, vs. Duke Renslow and Tina Renslow, Respondents CV 1--03382 na 10/3/2011 www.mortgagedaily.com/LitigationForeclosures110911.asp
Elite Outsourcing Services Inc. State of Illinois Cook County Circuit Court $14,667 Complaint filed. na na Dec. 2011 na www.mortgagedaily.com/LitigationForeclosureFirms011612.asp
International Embassy Realty Inc. State of Illinois Cook County Circuit Court $14,667 Complaint filed. na na Dec. 2011 na www.mortgagedaily.com/LitigationForeclosureFirms011612.asp
Legal Housing and Debt Advisor LLC and Jason Tong Cook County State's Attorney's Office Cook County Circuit Court $375,000 Plaintiff alleged that the defendants preyed on distressed borrowers na na 9/27/2011 na www.mortgagedaily.com/LitigationForeclosureFirms112111.asp
Lender Processing Services Inc. State of Nevada na na Complaint filed. na na 12/15/2011 na www.mortgagedaily.com/LitigationForeclosures020312.asp
Michael J. Williams and Nicole J. Williams BAC Home Loan Servicing Court of Appeals of Wisconsin, District IV na Foreclosure judgment reversed because summary judgment materials were insufficient to establish that plaintiff was the holder of the note upon which the foreclosure was based BAC Home Loan Servicing, L.P. f/k/a Countrywide Home Loans Servicing L.P., Plaintiff-Respondent, v. Michael J. Williams and Nicole J. Williams, Defendants-Appellants 2010AP2334 na 9/29/2011 www.mortgagedaily.com/LitigationForeclosures110911.asp
U.S. Homeowners Relief Inc., Aminullah Sarpas, New Life Solutions Inc., Damon Grant Carriger, DLD Consulting LLC, D.G.C. Consulting Inc., Macie Majeco Bain Federal Trade Commission U.S. District Court, Central District of California, Southern Division $9,600,000 Settlement reached. Federal Trade Commission, Plaintiff, v. U.S. Homeowners Relief, Inc., Waypoint Law Group, Inc., American Lending Review, Inc., New Life Solutions, Inc., D.G.C. Consulting, LLC, DLD Consulting, LLC, Samuel Paul Bain, Macie Mejeco Bain, Aminullah Sarpas, and Damon Grant Carriger, Defendants. SACV10-01452 JST (PJWx), FTC File Nos. 102 3018 and X100050 9/27/2010 Dec. 2011 www.mortgagedaily.com/LitigationForeclosureFirms011612.asp
ZeTrust Legal Services, Legal Modification Network LLC, Loan Litigators International LLC and Exelpol Management & Consulting Inc. State of Illinois Cook County Circuit Court $375,000 Plaintiff alleged that the defendants preyed on distressed borrowers na na 9/27/2011 na www.mortgagedaily.com/LitigationForeclosureFirms112111.asp
James Alberino, Leo Desire, Primary Mortgage Resources Inc., Leo Desire and 17 other defendants  Commonwealth of Massachusetts Suffolk Superior Court $70,000 Alberino banned from acting as a closing attorney or title agent in any real estate transaction in the state for knowingly and willfully engaged in unfair and deceptive conduct na na 3/1/2007 na www.mortgagedaily.com/LitigationForeclosureFirms112111.asp
Marucci Law Firm and E.A.C. Financial State of Indiana na $3,150 Plaintiff claims the two companies were illegally operating in Indiana when each firm entered into contracts with two local individuals. na na Oct. 2011 na www.mortgagedaily.com/LitigationForeclosureFirms112111.asp
America's Wholesale Lender Jayson Schott U.S. District Court for the District of Western Pennsylvania na Plaintiff claims that foreclosures were invalid on mortgages because the loans were securitized and subject to securities laws na na 10/19/2011 na www.mortgagedaily.com/LitigationMbs102511.asp
Fannie Mae California Attorney General Kamala D. Harris San Francisco County Superior Court na Lawsuit filed seeking answers about defendants' role in California's housing meltdown. But, federal officials say it's against the law to issue subpoenas to the two companies according to the HERA of 2008. na na 12/20/2011 na www.mortgagedaily.com/MctLawsuitCalifGses122111.asp, www.mortgagedaily.com/MctGseSubpoenas111711.asp
Freddie Mac California Attorney General Kamala D. Harris San Francisco County Superior Court na Lawsuit filed seeking answers about defendants' role in California's housing meltdown. But, federal officials say it's against the law to issue subpoenas to the two companies according to the HERA of 2008. na na 12/20/2011 na www.mortgagedaily.com/MctLawsuitCalifGses122111.asp, www.mortgagedaily.com/MctGseSubpoenas111711.asp
Janelle Gabay HSBC Bank USA, N.A. Supreme Judicial Court of Maine na Defendant's appeal granted due to genuine issues of material fact HSBC BANK USA, N.A., AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2005, FREMONT HOME LOAN TRUST 2005-E, v. JANELLE GABAY Cum-10-581 na 9/15/2011 www.mortgagedaily.com/LitigationTitle100911.asp
Community One Law Center and National Law Partners State of Indiana na na The two Florida firms allegedly charged as much as $2,500 in up-front fees but did nothing to help the borrowers. The two companies allegedly shared employees and files. na na 10/27/2011 na www.mortgagedaily.com/LitigationForeclosureFirms112111.asp
East Coast Fidelity LLC and Janice McCarthy Rhode Island Attorney General Peter F. Kilmartin  na na The state was alerted to the firm after receiving complaints from borrowers in Kentucky, New York and North Carolina about paying required up-front fees then hearing nothing back. na na 10/20/2011 na www.mortgagedaily.com/LitigationForeclosureFirms112111.asp
American Home Mortgage Servicing Inc. State of Ohio Cuyahoga County Common Pleas Court na Settlement in case alleging servicing abuses. State of Ohio, ex rel. Richard Cordray Attorney General of Ohio 615 W. Superior Ave., 11th Floor Cleveland, Ohio 44113-1899 Plaintiff, v. American Home Mortgage Servicing Inc. c/o Statutory Agent CT Corporation System 1300 E. 9th St. Cleveland, OH 44114.
CV 09 708888 11/5/2009 12/12/2011 www.mortgagedaily.com/SettlementAmericanHome121311.asp
Bank of America Corp. Joseph and Jennifer Woodruff  Franklin County Common Pleas Court, Ohio na Class action complaint filed. na na 12/17/2011 n www.mortgagedaily.com/LitigationModification010912.asp
Bank of America Corp. na U.S. District Court for the District of Massachusetts na BoA filed answer to complaint. In Re: Bank of America 1:10-md-02193-RWZ, MDL No. 2193 10/12/2010 12/12/2011 www.mortgagedaily.com/LitigationModification010912.asp
Bank of America Corp. State of Nevada U.S. District Court for the District of Nevada na BofA asked court to force state to prove that it and Countrywide in violation of original consent degree before amended lawsuit proceeds. State of Nevada v. Bank of America Corporation, et al. 3:11-cv-00135-RCJ (RAM) 8/30/2011 Oct. 2011 www.mortgagedaily.com/LitigationModification010912.asp
Chase Home Finance LLC Miriam Lord na na Defendant foreclosed on plaintiff in error, but sent notice to the address plaintiff already moved out of, leaving her unaware she should keep making payments, leading to another foreclosure and prompting plaintiff to sue. na na na na www.mortgagedaily.com/LitigationForeclosures110911.asp
Deutsche Bank National Trust Co. Mike Austin Court of Appeals of Arkansas $40,732 Appeals court ruled in favor of defendant because  plaintiff failed to timely plead a claim for unjust enrichment and it had a superior interest and it wasn't unjustly enriched because of the repairs. na na na na www.mortgagedaily.com/LitigationTitle100911.asp
Citibank, N.A., et al Jonas Z. Lona Court of Appeals of California, Sixth District $1,500,000 Appeals court reversed foreclosure holding that "summary judgment was improper because: the homeowner presented sufficient evidence of triable issues of material fact with regard to the alleged unconscionability of the transaction; and the motion did not address a pertinent exception to the tender requirement, which the homeowner had raised in his complaint."  JONAS Z. LONA, Plaintiff and Appellant, v. CITIBANK, N.A., as Trustee, etc. et al., Defendants and Respondents H036140 na 12/21/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
Mortgage Connection Inc. Minnesota Commerce Commissioner Mike Rothman na $132,000 Consent order issued. na na na Dec. 2011 www.mortgagedaily.com/LitigationForeclosureFirms011612.asp
City of Chicago Federal Housing Finance Agency U.S. District Court for the Northern District of Illinois na Complaint filed alleging Defendant passed an ordinance that requires mortgage servicers to maintain vacant properties -- even before the foreclosure process has completed. Plaintiff is suing to prevent enforcement of the ordinance. FEDERAL HOUSING FINANCE AGENCY, On its Own Behalf and as Conservator of Fannie Mae and Freddie Mac, Plaintiff, v. CITY OF CHICAGO, a municipal corporation, Defendant 1:11-cv-08795 12/12/2011 na www.mortgagedaily.com/LawsuitFhfaChicago121211.asp
Faythe P. Woodrum, Timothy P. Woodrum, and Dawn M. Woodrum Wells Fargo Mortgage Bank, N.A. District Court of Appeal of Florida, Fourth District na Appeals court reversed foreclosure judgment in fafor of Wells Fargo. The bank argued that where an answer is overdue, affirmative defenses raised in an affidavit opposing the motion for summary judgment cannot be considered by the trial court. But the court said Wells Fargo offers no case law supporting its position. FAYTHE P. WOODRUM, TIMOTHY P. WOODRUM and DAWN M. WOODRUM, Appellants, v. WELLS FARGO MORTGAGE BANK, N.A., as successor by merger to WACHOVIA BANK, N.A., Appellee 4D10-3538 11/9/2011 11/9/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
GMAC Mortgage Nicolle M. Bradbury Maine Supreme Judicial Court  na Supreme court upheld lower court's decision to allow the defendant to foreclose upon plaintiff despite flawed practices and "robo-signing." na na na 12/6/2011 www.mortgagedaily.com/MctForeclosuresMaine120611.asp
James D. Bryson Branch Banking and Trust Co. District Court of Appeal of Florida, Second District na Summary foreclosure judgment reversed by the appeals court and remanded back to the trial court because plaintiff did not meet its burden of conclusively showing that there was no genuine issue of material fact. JAMES D. BRYSON, Appellant, v. BRANCH BANKING AND TRUST COMPANY, Appellee 2D10-3360 na 11/30/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
John Galvin PHH Mortgage Corp. Court of Appeals of Ohio, Ninth District, Summit County na Summary foreclosure judgment in favor of PHH reversed. PHH Mortgage Corporation fka Cendant Mortgage Corporation dba Coldwell Banker Mortgage Corporation, Appellee, v. John W. Galvin and Stephanie B. Galvin, et al., Appellant. 25917 na 12/30/2011 www.mortgagedaily.com/LitigationForeclosures020312.asp
Joseph and Mary Romero na New Mexico Court of Appeals na State appeals court upheld foreclosure decision on loan originated by Equity One Inc. na na na Oct. 2011 www.mortgagedaily.com/MctLawsuitForeclosureNm010712.asp
Joyce and Lankford Taylor Bayview Loan Servicing LLC District Court of Appeal of Florida, Second District na Decision reversed. The decision was made because genuine issues of material fact remain regarding the Taylors' affirmative defense of lack of notice. JOYCE TAYLOR and LANKFORD TAYLOR, Appellants, v. BAYVIEW LOAN SERVICING, LLC, Appellee 2D10-1493 na 11/9/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
Lender Processing Services Inc., Bank of America, ReconTrust Co.; IndyMac Mortgage Services; and Regional Service Corp. na Clark County District Court in Las Vegas  na Class action filed by borrowers alleges fraudulent foreclosures. Defendant claims plantiff has improperly outsourced a foreclosure document robosigning investigation. Plaintiff alleges violations of Nevada’s Deceptive Trade Practices Act. na na 12/20/2011 na www.mortgagedaily.com/MctLawsuitLpsNv121711.asp, www.mortgagedaily.com/MctLawsuitLps122111.asp
Linda and Peter Halas Countrywide Home Loans Inc. Superior Court of New Jersey, Appellate Division na Overturned a March 18 decision to deny a motion to vacate default judgment. COUNTRYWIDE HOME LOANS, INC., Plaintiff-Respondent, v. LINDA M. HALAS and PETER T. HALAS, her husband, Defendants-Appellants Docket No. A-4107-10T1 na 12/6/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
Martin J. Beirne Jr. Wells Fargo Bank, N.A. Court of Appeals of Ohio, Ninth District, Medina County na Foreclosure judgment overturned by Appeals Court. The appeals court agreed with Beirne that Wells Fargo failed to present evidence that it had provided a notice of default. Wells Fargo Bank, N.A. as Trustee, Appellee, v. Martin J. Beirne, Jr. et al, Appellants 09CA0103-M na 12/27/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
MR. TOLEDO, Husband of BERNICE TOLEDO Aurora Loan Services LLC Superior Court of New Jersey, Appellate Division $380,000 Appeals court reversed the order granting summary judgment and remanded the case back to the trial court because of robo-signing. AURORA LOAN SERVICES, LLC, Plaintiff-Respondent, v. BERNICE TOLEDO, Defendant-Appellant, and MR. TOLEDO, Husband of BERNICE TOLEDO, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., As Nominee For LEHMAN BROTHERS BANK FSB; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., As Nominee For AURORA LOAN SERVICES LLC, Defendants A-0804-10T3 na 10/18/2011 www.mortgagedaily.com/LitigationForeclosures110911.asp
Ocwen Loan Servicing, LLC Sherry E. Hoard Court of Appeals of Kentucky na A judgment by the Jefferson Circuit Court in favor of defendant was vacated by the appeals court and the case was remanded. Among the issues left to be ironed out is defendant's standing. SHERRY E. HOARD, Appellant, v. OCWEN LOAN SERVICING, LLC, Appellee 2010-CA-001823-MR na 12/9/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
Phyllix Means and Ray Stovall Beal Bank, S.S.B. Court of Appeals of Ohio, Eighth District, Cuyahoga County $60,456 Appeals court reversed trial court's decision and remanded case because, it said, the trial court abused its discretion in its decision to grant a summary foreclosure judgment in July 2010 Beal Bank S.S.B., Plaintiff-Appellee, v. Phyllix Means, et al., Defendants-Appellants 96252 na 11/17/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
Ramon Solorin U.S. Bank, N.A. Supreme Court, Queens County, N.Y. Case dismissed because the plaintiff was unable to comply with a court requirement that they certify the accuracy of the papers filed. na na na 11/10/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
Robert McLean JP Morgan Chase Bank, N.A. District Court of Appeal of Florida, Fourth District na Appeals court reversed previous decision. When the trial court ruled in favor of Plaintiff in April 2010, it ordered the lender to provide a copy of the assignment that empowered the company to foreclose. But the assignment provided was dated three days after the foreclosure was filed. Defendant successfully argued that the record lacked any evidence that Plaintiff had standing to foreclose at the time the lawsuit was filed. ROBERT McLEAN, Appellant, v. JP MORGAN CHASE BANK NATIONAL ASSOCIATION, not individually but solely as Trustee for the holders of STRUCTURED ASSET MORTGAGE INVESTMENTS II, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-ARS, Appellee 4D10-3429 na 12/14/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
Bank of America Corp., GMAC-RFC and J.P. Morgan Chase Co., et al City of Cleveland Court of Common Pleas, Cuyahoga County, Ohio na Court dismissed the plaintiff's claims that the defendants caused the current foreclosure crisis in Cleveland by routinely making loans to borrowers who had no ability to pay them back.  na na Jan. 2008 11/22/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
American Home Mortgage Service Inc. Sherrita Richardson Harris Jackson County Circuit Court na Complaint filed in case where deal reached for borrower to acquire home, but public notices still filed by servicer which cant' find note. Trial set for Dec. 19. na na 4-Oct na www.mortgagedaily.com/MctLawsuitAmericanHome100611.asp
Anna M. Miller RMS Residential Properties, LLC Connecticut Supreme Court na The defendant alleged that MERS could not be named as mortgagee since it wasn't the original lender or the party secured by the mortgage and asked the court to declare the MERS mortgage to be void. But the court ruled that plaintiff did have standing to foreclose. RMS Residential Properties, LLC v. Anna M. Miller et al na na Dec. 2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
Assurity Financial Services Peirce U.S. District Court for the District of Oregon na Court found that under Oregon law, MERS can serve as the beneficiary under the deed of trust. Mosman rejected the plaintiff's wrongful foreclosure claims. Peirce v. Assurity Financial Services  na na Dec. 2011 www.mortgagedaily.com/LitigationTitle122711.asp
Aurora Loan Services David Kiah U.S. Court of Appeals for the First Circuit na Ruling in favor of MERS. David Kiah, Plaintiff, Appellant, v. Aurora Loan Services LLC, et al, Defendants, Appellees 11-1010 na 12/13/2011 www.mortgagedaily.com/LitigationTitle031712.asp
Avelo Mortgage Holland Court of Appeals of California, First District, Division One na The complaint alleged that MERS was not a true beneficiary and could not assign its interest in the deed of trust to the defendant. The plaintiff sought to eliminate defendant's authority to foreclose. Court ruled in favor of defendant. Holland v. Avelo Mortgage na na 12/23/2011 www.mortgagedaily.com/LitigationTitle122711.asp
BAC Home Loans Malikyar U.S. District Court for the Eastern District of Texas na Court affirmed MERS' role as mortgagee in a Nov. 18 decision to dismiss the case Malikyar v. BAC Home Loans with prejudice. Malikyar v. BAC Home Loans na na 11/18/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
Bank of New York Mellon Trust Co. Joshua R. Dow State of New Hampshire Superior Court na Ex parte petition filed to enjoin foreclosure. Joshua R. Dow V. Bank of New York Mellon Trust Co. 218-2011-CV-1297 10/18/2011 na www.mortgagedaily.com/LitigationTitle031712.asp
Chase National City Mortgage Co. U.S. Court of Appeals, Third Circuit na Plaintiff failed to notify junior lien holderabout impending foreclosure sale and had sale set aside, which was reversed. An appeals court vacated reversal. na na na na www.mortgagedaily.com/LitigationTitle100911.asp
Countrywide Home Loans Inc. Gomes U.S. Supreme Court  na Writ of certiorari was denied by Supreme Court Gomes v. Countrywide Home Loans Inc. D057005 na 11-Oct www.mortgagedaily.com/LitigationForeclosures110911.asp
Ducat and MERS Philip U.S. District Court for the Northern District of Georgia na Court found that MERS can hold the security deed as nominee for the lender and assign the security deed to a third party. Philip v. Ducat and MERS na na 12/13/2011 www.mortgagedaily.com/LitigationTitle122711.asp
Fannie Mae Smith U.S. District Court for the Northern District of Texas na Court rejected the plaintiffs' arguments that challenged the validity of the MERS deed of trust assignment Smith v. Fannie Mae et al Case 3:11-cv-02032-F na 10/5/2011 www.mortgagedaily.com/LitigationTitle100911.asp
GINNIFER GEE U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ETC. District Court of Appeal of Florida, Fifth District na Plaintiff claimed that defendant lacked standing to bring the foreclosure action, and the summary judgment was entered on grounds that were not raised in the summary judgment motion. Appeals court reversed the summary judgment and remanded the case. GINNIFER GEE, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ETC., Appellee 5D10-1687 na 9/30/2011 www.mortgagedaily.com/LitigationForeclosures110911.asp
Goodrich Fannie Mae Oregon Circuit Court for Jackson County na Eviction action dismissed. Fannie Mae v. Goodrich na na 12/7/2011 www.mortgagedaily.com/LitigationForeclosures020312.asp
Homeowners Association for Matthew Valencia Security Bank, N.A. District Court of Appeal of Florida, Third District na Appeals court reversed motion to set aside foreclosure because it was filed too late. FNS4, LLC, Appellant, v. Security Bank, N.A., Appellee 3D10-2553 na 10/12/2011 www.mortgagedaily.com/LitigationForeclosures110911.asp
HSBC Bank USA  na New York State Supreme Court $10,000 Defendant was fined for “frivolous conduct” in trying to seize a home without proper paperwork. na na na na www.mortgagedaily.com/MctForeclosuresHsbcNy122811.asp
James M. Perry Fannie Mae Shelby Circuit Court, Court of Civil Appeals of Alabama na Appeals court found that Fannie failed to establish by admissible evidence that servicer was note holderand reversed decision. James M. Perry, v. Federal National Mortgage Association 2100235 na 12/30/2011 www.mortgagedaily.com/LitigationForeclosures020312.asp
LSI Title Company of Oregon LLC Donessa L. Horsewood U.S. District Court for the District of Oregon na Federal court affirmed validity of MERS as the beneficiary of the deed of trust and dismissed the plaintiff's wrongful foreclosure complaint.  Donessa L. Horsewood, Plaintiff, v. LSI Title Company of Oregon, LLC, et al., Defendants 3:11-cv-00335-MO na 12/29/2011 www.mortgagedaily.com/LitigationTitle031712.asp
MERS State of Delaware na na Defendant said it was surprised by the lawsuit, and it cooperated in good faith with the Delaware attorney general's office and complied with requests for information under a subpoena issued earlier this year. na na na na www.mortgagedaily.com/LitigationTitle122711.asp
MERSCORP Miller U.S. District Court for the District of Nevada na Court found that a deed of trust naming MERS as mortgagee is valid in Nevada. She found that the defendants followed proper non-judicial foreclosure procedures and determined that securitization of a loan does not invalidate the deed of trust or require a judicial foreclosure. Miller v. MERSCORP Inc. na na 12/5/2011 www.mortgagedaily.com/LitigationTitle122711.asp
Messner Bank of New York Trust Co. Michigan Supreme Court na Supreme court reversed the appeals court's decision and confirmed MERS' ability to perform non-judicial foreclosures by advertisement versus a court-supervised foreclosure Bank of New York Trust Co. v. Messner 143179 na na www.mortgagedaily.com/LitigationForeclosures122811.asp
Mortgage Electronic Registration Systems Inc Delaware Attorney General Beau Biden Delaware Chancery Court na Complaint filed alleging MERS not authorized to file foreclosures, doesn't adequately maintain its database and wrongly uses the employees of its members to operate na na 10/27/2011 na www.mortgagedaily.com/LawsuitMers102711.asp
Mortgage Electronic Registration Systems Inc. multi U.S. District Court for the District of Arizona na Court dismissed with prejudice 72 cases against MERS in multi-district consolidated litigation that alleged various violations of Arizona, Nevada, Oregon and South Carolina laws IN RE Mortgage Electronic Registration Systems (MERS) Litigation 2:09-md-02119-JAT na na www.mortgagedaily.com/LitigationTitle100911.asp
Mortgage Electronic Registration Systems Inc. Sandra Graves Supreme Court of Virginia na Borrower's petition for appeal rejected. Sandra Graves, Appellant, against Mortgage Electronic Registration Systems, Inc., Appellee. CL-2010-17101 na 12/20/2011 www.mortgagedaily.com/LitigationTitle031712.asp
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COMMONWEALTH PROPERTY ADVOCATES, LLC, U.S. Court of Appeals for the 10th Circuit, U.S. District Court for the District of Utah na MERS system affirmed. COMMONWEALTH PROPERTY ADVOCATES, LLC, Plaintiff-Appellant, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Defendant-Appellee 833759 na 12/23/2011 www.mortgagedaily.com/LitigationTitle031712.asp, www.mortgagedaily.com/LitigationForeclosures020312.asp
na Wells Fargo Bank, N.A. na na Wells missed certified letter from Allen County, Ind., indicating a notice of the right of redemption, prior to a tax deed issuance. Objection rejected. na na na na www.mortgagedaily.com/LitigationTitle122711.asp
Rodger and Lina Duke HSBC Mortgage Services Inc. District Court of Appeal of Florida, Fourth District na Summary judgment reversed because genuine issues of material fact remain in dispute about who the owner and holder of the note and mortgage was when the complaint was filed. Defendants argued that at the time the foreclosure complaint was filed, the mortgage was held by First NLC, not HSBC -- which didn't include proof it owned the loan with its complaint. RODGER and LINA DUKE, Appellants, v. HSBC MORTGAGE SERVICES, LLC, Appellee 4D09-5183 na 11/23/2011 www.mortgagedaily.com/LitigationForeclosures122811.asp
RUSCO COMPANY AMERICAN HOME MORTGAGE CORPORATION, and its assigns; AMERICAN HOME MORTGAGE SERVICING, INC., as Servicer for the Master Adjustable Rate Mortgages Trust 2007-1 U.S. Court of Appeals, Fifth Circuit $2,000,000 Previous decision reversed; ruled in favor of plaintiff. AMERICAN HOME MORTGAGE CORPORATION, and its assigns; AMERICAN HOME MORTGAGE SERVICING, INC., as Servicer for the Master Adjustable Rate Mortgages Trust 2007-1, Plaintiffs-Appellants, v. RUSCO COMPANY, Defendant-Appellee 10-11190 na na www.mortgagedaily.com/LitigationTitle100911.asp
Saxon Mortgage Inc. Vasquez Arizona Supreme Court na Court decided that mortgage lenders are not required to record an assignment before publishing a notice of trustee's sale. Securitization trustee Deutsche Bank National Trust Co. moved for stay relief after Vasquez filed for bankruptcy protection, but Vasquez opposed the stay and argued that Deutsche was not the named beneficiary under the deed of trust when the trustee's sale was initiated. Vasquez v. Saxon Mortgage Inc CV-11-0091-CQ na 11/18/2011 www.mortgagedaily.com/LitigationTitle122711.asp
Southern Security Federal Credit Union ABN AMRO Mortgage Group Inc. Court of Appeals of Tennessee, at Jackson $197,165 Appeals court affirmed trial court decision that ABN AMRO's lien was superior despite an error with the lot number on the trust deed. ABN AMRO MORTGAGE GROUP INC. v. SOUTHERN SECURITY FEDERAL CREDIT UNION W2011-00693-COA-R3-CV na 11/17/2011 www.mortgagedaily.com/LitigationTitle122711.asp
U.S. Bank, N.A., as trustee of Mastr Adjustable Rate Mortgages Trust 2007-3 Julia Feltus District Court of Appeal of Florida, Second District na Appeals court ruled in favor of plaintiff. Plaintiff successfully argued that it wasn't clear which entity held the promissory note at the time the summary judgment was entered. na na na na www.mortgagedaily.com/LitigationTitle122711.asp
Francis Bevilacqua from U.S. Bank, N.A. na Massachusetts Supreme Judicial Court na Court found that a real-estate-owned property in Boston acquired by defendant was sold even though the bank didn't hold a valid mortgage. But the court will still let defendant foreclose on the prior owner. na na na na www.mortgagedaily.com/LitigationForeclosures110911.asp
JPMorgan Chase Robert McLean 4th District Court of Appeal na Revesal of lower court decision in favor of Chase. Robert McLean vs. JPMorgan Chase na na 12/14/2011 www.mortgagedaily.com/MctForeclosuresFlorida121611.asp
na na Florida Supreme Court na Court agreed to take up an already settled foreclosure case that involved an allegedly backdated assignment of mortgage that the bank used to show ownership. na na na Dec. 2011 www.mortgagedaily.com/MctForeclosuresFlorida121611.asp
Michael Kwasnik, The Law Firm of Kwasnik, Rodio, Kanowitz & Buckley P.C., Hope Now Modifications Federal Trade Commission U.S. District Court for the District of New Jersey $137,656 Agreed to settlement. The operation and its two principals were charged with falsely claiming to be part of the HOPE NOW Alliance, a non-profit, government-endorsed network. Federal Trade Commission v. Hope Now Modifications, LLC, Hope Now Financial Services Corp., also dba Hope Now Modifications, Nick Puglia, and Salvatore Puglia 1:09-cv-01204-JBS-JS, FTC File No. 092 3079 3/17/2009 Nov. 2011 www.mortgagedaily.com/LitigationForeclosureFirms112111.asp
Residential Relief Foundation and Silver Lining Services and owners James Holderness, Bryan Melanson, Michael Valenti and Jillian Melanson, Mitigation America LLC and principal Dennis Strzegowski Federal Trade Commission U.S. District Court for the District of Maryland $11,009,306 2 settlements ban defendants from participating in mortgage assistance relief and debt relief industries. Most of judgment amount suspended. Federal Trade Commission, Plaintiff, v. Residential Relief Foundation Inc., Silver Lining Services LLC, Mitigation America LLC, James W. Holderness, Michael Valenti, Bryan J. Melanson, Jillian N. Melanson, and Dennis Strzegowski, Defendants 1:10-cv-3124-JFM, FTC File No. 1023234 Nov. 2010 9/28/2011 www.mortgagedaily.com/LitigationForeclosureFirms112111.asp
Law Offices of Perry and Associates LLC, Virginia attorney Michael A. Perry and Anthony Dolphus by the Maryland Department of Labor Maryland Department of Labor na $489,000 A civil money penalty was issued. The state also issued a proposed cease-and-desist order and required restitution. Defendants are accused of collecting up-front loan modification fees in violation of Maryland law. na na na 11/15/2011 www.mortgagedaily.com/LitigationForeclosureFirms112111.asp
Royce Lee Newcomb United States of America U.S. District Court for the Eastern District of California $2,900,000 Defendant was sentenced to 70 months in prison for allegedly operating a $2.9 million Ponzi scheme, marketing foreclosure rescue services through Paradigm Foreclosure Specialists, collecting between $1,300 and $3,800 from distressed borrowers and filing serial bankruptcy petitions without supporting documentation na na na 9/29/2011 www.mortgagedaily.com/LitigationForeclosureFirms112111.asp
Jewel L. Hinkles, Bernadette Guidry, Jesse Wheeler, Cynthia Corn, Brent Medearis.
United States of America na $5,000,000 Indictment. na na 12/2/2011 12/2/2011 www.mortgagedaily.com/LitigationForeclosureFirms011612.asp
American Home Mortgage Servicing Inc. Alan and Kristine Wright U.S. Bankruptcy Court $50,000 American Home ordered to pay damages because it foreclosed on home after failing to tell them their payments had increased. na na na 12/28/2012 www.mortgagedaily.com/MctBankruptcyAhmsi010612.asp
Federal Deposit Insurance Corp. as receiver of Washington Mutual Bank Nadia Youkelsone U.S. Court of Appeals, District of Columbia Circuit na Appeals court reversed dismissal and remanded case NADIA YOUKELSONE, Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER OF WASHINGTON MUTUAL BANK, Appellee 10-5197 2009 11/8/2011 www.mortgagedaily.com/LitigationForeclosures110911.asp
na Michael Fisette 8th Circuit Court of Appeals $347,000 Bankruptcy judge decision not to allow 2nd lien to be stripped in Chapter 13 plan overturned by appellate panel. That decision is being appealed. na na 2010 na www.mortgagedaily.com/MctChpt13Bk111411.asp
Christopher Fox, Curtis Melone, King Harris III State of California na na Fox and Curtis arrested. na na na Dec. 2011 www.mortgagedaily.com/LitigationForeclosureFirms011612.asp
Christopher Johns, Allen Banks na na na Johns sentenced to 30 months prison. na na na Sept. 2011 www.mortgagedaily.com/LitigationCriminal103111.asp
Gary Anderson, Patrick Campion, James Doherty, Keith Goodman, Troy Kent, Craig Lipton, Henry Pessah and Laith Salma na U.S. District Court for the Northern District of California na All eight of the defendants agreed to plead guilty to bid-rigging at foreclosure auctions na na 10/28/2011 na www.mortgagedaily.com/LitigationCriminal103111.asp
Gary Trafford, Gerri Sheppard State of Nevada na na The state alleges that the defendants directed and supervised a robo-signing scheme where tens of thousands of fraudulent documents were filed with the Clark County Recorder's Office between 2005 and 2008 na na 11/15/2011 na www.mortgagedaily.com/IndictmentLps111711.asp
John Marcus Desenberg United States of America U.S. District Court for the Eastern District of California $300,000 Arrested over foreclosure-rescue scheme operated through Creative Lending Solutions. na na na 21-Nov www.mortgagedaily.com/LitigationForeclosureFirms011612.asp
Maria Ponce, Melissa Garcia Monterey County District Attorney Dean Flippo na $150,000 Ponce pled guilty to felony grand theft tied to a foreclosure rescue scam na na na Nov. 2011 www.mortgagedaily.com/LitigationForeclosureFirms112111.asp
Marien Brown State of Missouri na $265,000 Sentencing planned for operator of 1st Financial Resource LLC who pled guilty on Sept. 27 to duping 80 Hawaiian borrowers into using her foreclosure-rescue service and keeping their payments instead of passing them along to the lenders na na 8/8/2011 12/22/2011 www.mortgagedaily.com/LitigationForeclosureFirms112111.asp
Meghan Shaw, Jennifer Bloecker, Joseph Noel, Tracy Lawrence (died before sentencing) Nevada Attorney General’s Office Las Vegas Justice Court  na Three more indictments filed. Defendants are accused of "robo-signing." na na 11/16/2011 11/30/2011 www.mortgagedaily.com/MctLpsNotaries120611.asp
Robert Rose na U.S. District court for the Eastern District of California na Defendant pleaded guilty to bid-rigging in 2009 na na na 9/23/2011 www.mortgagedaily.com/LitigationCriminal103111.asp
Wiley C. Chandler, Andrew B. Katakis, Donald M. Parker, Anthony B. Joachim and W. Theodore Longley (10 total) United States of America U.S. District Court for the Eastern District of California na Indictment of five defendants accused of scheming to rig bids at public real estate auctions from September 2008 until October 2009. They also allegedly fraudulently acquired titles to some auctioned properties and diverted money to co-conspirators. na na 12/7/2011 na www.mortgagedaily.com/LitigationCriminal122011.aspwww.mortgagedaily.com/LitigationCriminal122011.asp, www.mortgagedaily.com/LitigationCriminal030612.asp
1st American Law Center, Gary Michael Bobel, Scott Thomas Spencer, Mark Andrew Spencer, Roger Trent Jones and Travis Corey Iverson na na $11,000,000 High-pressure sales tactics and "outright lies" were used to convince clients to fork over between $1,995 and $4,495 each. The defendants falsely claimed they had a team of attorneys who pre-screened clients and that they had a 98 percent success rate in obtaining modifications. Defendants pleaded guilty. na na na 12/16/2011 www.mortgagedaily.com/LitigationCriminal122011.asp
William Jeffrey Hutching na Court of Appeals of California, Fourth District, Division One $500,000 Defendant was convicted in connection with alleged deceitful practices related to foreclosure consulting and he was sentenced to 46 years prison. Defendant's appeal was denied. THE PEOPLE, Plaintiff and Respondent, v. WILLIAM JEFFREY HUTCHINGS, Defendant and Appellant D057451 10/18/2011 na www.mortgagedaily.com/LitigationForeclosureFirms112111.asp
Stephen Andrew Easterly and Emanuel Percival na na na Defendants arraigned for collecting between $3,500 and $7,000 from borrowers seeking to avoid foreclosures or modify their loans na na na Aug. 2011 www.mortgagedaily.com/LitigationCriminal103111.asp
Samantha Carter Bank of America na $2,700,000 Squatter files affidavit of adverse possession forcing servicer to take foreclosed property off the market. na na na na www.mortgagedaily.com/MctTexasSquatters120411.asp
Alex Soria, Sonia Rodis, and Hans Johns State of Nevada na na Defendants arrested and charged with operating a mortgage scam that preyed on elderly and distressed borrowers na na 10/27/2011 na www.mortgagedaily.com/LitigationForeclosureFirms112111.asp
Alan David Tikal na Alameda County Superior Court na Owner of KATN Trust pleaded no contest and was found guilty of filing false documents and accepting advance fees on loan modifications. He was sentenced to 16 months prison plus restitution. People v. Alan David Tikal 165379A na 10/31/2011 www.mortgagedaily.com/LitigationForeclosureFirms112111.asp, www.mortgagedaily.com/LitigationForeclosureFirms011612.asp
Bank of America Corp.; Citibank, N.A., and CitiMortgage Inc.; GMAC Mortgage LLC; JPMorgan Chase Bank, N.A.; MERS and parent MERSCORP Inc.; and Wells Fargo Bank, N.A. Commonwealth of Massachusetts Superior Court Department of the Trial Court, Suffolk County na Complaint filed. Defendant accused of using fraudulent documents in the foreclosure process, filing foreclosures without having title to the loans and skirting state recording requirements and fees by utilizing MERS. Also at issue is their handling of loan modifications. Commonwealth of Massachusetts, Plaintiff, V. BANK OF AMERICA, NA., BAC HOME LOANS SERVICING, LP, BAC GP, LLC, JPMORGAN CHASE BANK, N.A:, CITIBANK, NA., CITIMORTGAGE, INC., GMAC MORTGAGE, LLC, WELLS FARGO BANK, N.A., MORTGAGE ELECTRONIC REGISTRATION SYSTEK INC and MERSCORP INC., Defendants Civ. A No. 11-4363 12/1/2011 na www.mortgagedaily.com/LawsuitMassForeclosures120111.asp
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