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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
First-Quarter 2011 Mortgage Litigation Index

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

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Filed Link to StoryLink to Story
Alberto G. Sosa PHH Mortgage Corp., doing business as PHH Mortgage Service Center U.S. Bankruptcty Court Rhode Island na Rhode Island judge overruled creditors objections to mandatory loss mitigation program. In re Alberto G. SOSA, Debtor. No. 10-11702, 443 B.R. 263 (2011) na www.mortgagedaily.com/MctBankruptcyRI013111.asp
Ally Bank, NA, GMAC, NA, Western National Appraisals, California Reconveyance Co., and Casas & Hipotecas James W. Locker, individually and on behalf of all others similarly situated Superior Court of the State of California, County of Los Angeles n/a The class alleges that they were deceived into entering into mortgages and that MERS is illegal. Locker v. Ally Bank, NA et al. BC409444 Dec-10 www.mortgagedaily.com/LawsuitsForeclosures032411.asp
Antonio Ibanez U.S. Bank, NA Massachusetts Supreme Court n/a U.S. Bank did not record a mortgage assignment until over a year after initiating the foreclosure process. Ibanez argued that U.S. Bank had no standing to foreclose because it lacked any evidence of ownership of the mortgage at the start of the foreclosure. The court held that assigning a mortgage "in blank", i.e. without specifying to whom the mortgage would be assigned until after the fact, is not a proper assignment. U.S. Bank, NA v. Ibanez 10694 n/a www.mortgagedaily.com/LawsuitsForeclosures032411.asp www.mortgagedaily.com/ForeclosuresJudicial030711.asp
Aurora Loan Services, Inc. Andrew Weiss-Malik United States District Court for the District of Utah n/a Plaintiff, a vice president for the Texas-based wholesaler 360 Mortgage Group LLC, claims that Aurora violated the Real Estate Settlement Protection Act and the Truth in Lending Act by allegedly overcharging him $20,000 on his adjustable-rate mortgage. Weiss-Malik v. Aurora Loan Services, Inc. 2:2010cv01058 10/25/2010 www.mortgagedaily.com/LitigationModifications033111.asp
BAC Home Loans Servicing, LP and Federal National Mortgage Association Patricia Garcia United States District Court for the Southern District of Texas n/a Plaintiff alleges that the defendants wrongfully foreclosed on her homestead before evaluating her HAMP eligibility. Garcia v. BAC Home Loan Servicing, LP et al. 6:2011cv00013 3/18/2011 www.mortgagedaily.com/MctLawsuitForeclosureBoa032311.asp
Bank of America, NA Teresa O'Neal and Marco Delgado, individually and on behalf of all others similarly situated United States District Court for the Middle District of Florida n/a The class alleges that plaintiffs were improperly foreclosed out of homes that are currently owned by BoA. Plaintiffs seek to have their rights in their homes restored. O'Neal v. Bank of America, NA 8:2011cv000107 1/18/2011 www.mortgagedaily.com/LawsuitsForeclosures032411.asp
Bank of America, NA July Canada court located in Marion County, Ind. n/a Plaintiff filed suit over an alleged wrongful foreclosure n/a n/a 3/17/2011 www.mortgagedaily.com/LawsuitsForeclosures032411.asp
Chase Home Finance LLC Rowles, lead plaintiff for class, individually and on behalf of all others similarly situated United States District Court for the District of South Carolina $2,000,000 Chase settled with military homeowners after allegedly overcharging them on their mortgages and illegally foreclosing on their homes in violation of the SCRA. Rowles v. Chase Home Fin., LLC 9:10-cv-01756 7/6/2010 www.mortgagedaily.com/LawsuitsForeclosures032411.asp
Chase Home Finance LLC and JPMorgan Chase, NA Dianna Montez United States District Court for the Southern District of California More than $5 million A class of plaintiffs sued Chase Home Finance, and its parent, JPMorgan Chase, alleging that defendants repeatedly misled plaintiffs attempting to modify their mortgages. Chase is accused of engaging in bad faith modification negotiations by leading the plaintiffs to believe that Chase would permanently modify their mortgages upon successful completion of a Home Affordable Mortgage Program modification. Plaintiffs further allege that, although Chase accepted federal funds to administer HAMP, plaintiffs' mortgages were never modified. Montez v. Chase Home Finance, LLC et al. 11CV0530JLSWMC 3/17/2011 www.mortgagedaily.com/LitigationModifications033111.asp
Christian Hayes The State of Massachusetts, through its Attorney General, Martha Coakley Superior Court of Massachusetts, Suffolk County $6,530 A former Bank of America loan officer entered into a consent judgment after being accused by the AG of targeting and preying upon homeowners facing foreclosures by demanding $1500 in up-front fees before negotiating loan modifications. Massachusetts v. Hayes n/a 4/8/2010 www.mortgagedaily.com/MctBoaLo032011.asp
Citibank, Bank of America, Ally Financial Inc., OneWest Bank, (6 total) n/a Superior Court of New Jersey, Chancery Division-General Equity Part, Mercer County n/a The New Jersey state court has asked six of the nation's biggest lenders to explain why the court should not issue an order suspending all their foreclosures in the state on account of suspected irregularities in documents relevant to the case and the filings in support of foreclosure. In the Matter of Residential Mortgage Foreclosure Pleading and Document Irregularities Docket No. F-59553-10 12/20/2010 www.mortgagedaily.com/LitigationForeclosures011711.asp www.mortgagedaily.com/MctForeclosuresNj011111.asp
City of Carlsbad, Paul Edmonson, City of Simi Valley, City of Newport Beach, California State Bar and County of San Diego Michael T. Pines United States District Court for the Southern District of California n/a A California lawyer strikes back at the State Bar after the Bar attempted to revoke his license for allegedly advising his clients to break into their homes, which were in foreclosure. Pines v. City of Carlsbad et al. 3:2011cv01002 5/7/2011 www.mortgagedaily.com/MctForeclosureAttorney031511.asp
CM Capital Services LLC, formerly known as Consolidated Mortgage Company LLC Nevada's Division of Mortgage Lending n/a $215,000 Settlement reached prior to filing a formal complaint over a variety of loan violations dating back to at least 2009. The company has agreed to refrain from misleading and inaccurate advertisements that may contain any untrue statement of material fact, to promptly respond to investor telephone calls or written communications, and to offer to resign as manager of every limited liability company that owns properties taken back from debtors through foreclosure or a deed in lieu of foreclosure. n/a n/a n/a www.mortgagedaily.com/MctCmCapital030811.asp
Countrywide Home Loans Inc., Mortgage Electronic Registration Systems, Inc. and ReconTrust Company NA Jose Gomes California Court of Appeals for the Fourth Appellate District, San Diego $331,000 The court ruled that MERS can foreclose on a loan as the nominee, or agent, of the noteholder. The plaintiff argued that MERS did not have the authority to initiate foreclosures in California because the current owner of his note had not authorized MERS to proceed with the action after Gomes defaulted. Gomes v. Countrywide Home Loans Inc. et al. D057005 5/1/2009 www.mortgagedaily.com/LawsuitsForeclosures032411.asp www.mortgagedaily.com/ForeclosuresJudicial030711.asp
DeMarco REI, Inc., OPM Group, LLC, and Anthony J. Demarco, III United States Pennsylvania Eastern District Court n/a U.S. Attorney for the Eastern District of Pennsylvania brought this action against defendants in connection with a foreclosure rescue scheme. United States of America v. DeMarco REI, Inc., et al. 2:2010cv07242 12/14/2010 www.mortgagedaily.com/LawsuitMbaVsDol011211.asp
Deutsche Bank Trust Co. Americas, Saxon Mortgage Services, Inc., David C. Lohr and Orleans Associates, PC James B. and Brandi Hurley United States District Court for the Western District of Michigan n/a The plaintiff, a military veteran deployed to Iraq in 2004 and 2005, lost his home to foreclosure while serving abroad. He brought suit under the Servicemembers Civil Relief Act, and the judge agreed that his lender had illegally foreclosed on his home. Hurley v. Deutsche Bank Trust Co. Ams. et al. 1:08-CV-361 4/17/2008 www.mortgagedaily.com/LawsuitsForeclosures032411.asp
E. and Bridget L. Lawton Ocwen Loan Serving LLC as servicer of Deutsche Bank National Trust Co. U.S. Bankruptcty Court Rhode Island na Rhode Island judge overruled creditors objections to mandatory loss mitigation program. In Re. Lawton na n www.mortgagedaily.com/MctBankruptcyRI013111.asp
Federal National Mortgage Association Sandra Maiden Court of Civil Appeals of Alabama n/a The appellate court reversed the trial court's denial of the plaintiff's motion to set aside the defendant's default judgment. Maiden v. Fed'l Nat'l Mort. Assoc. 2090942 n/a www.mortgagedaily.com/LawsuitsForeclosures032411.asp
Ferrel L. Agard na United States Bankruptcy Court for the Eastern District of New York n/a The court called into question the legality of the assignment and recordation practices of MERS. In re Ferrel L. Agard 810-77338-reg 11/20/2010 www.mortgagedaily.com/LawsuitsForeclosures032411.asp www.mortgagedaily.com/ForeclosuresJudicial030711.asp
Fetuu Topoufutuna, Hilltop Mortgage, Alliance Title Co., GMAC Financial Services, Mortgage Electronic Registration Systems, Inc., Paul Financial, et al. Pauline Reade Superior Court of the State of California, San Mateo County $420,000 An 89 year old widow was allegedly deceived by a handyman into signing an application for a home equity loan in favor of the handyman, and settled with the defendants. The defendants lifted the lien on her home and she does not have to pay back the $420,000 loaned against her house. Reade v. Fetuu Topoufutuna et al. 483083 11/28/2010 www.mortgagedaily.com/LawsuitsForeclosures032411.asp
First Security Bank of Clarksville Chase Manhattan Mortgage Corp. Court of Appeals of Arkansas, Division II n/a Two competing mortgage holders fought over whether to pursue foreclosure. The appellate court reversed the trial court's award of attorney's fees against Chase, which opposed foreclosure. Chase Manhattan Mort. Corp. v. First Security Bank of Clarksville CA 10-887 3/16/2010 www.mortgagedaily.com/LawsuitsForeclosures032411.asp
Giannis Bank of New York New Jersey Superior Court n/a This case is likely to go to the N.J. Supreme Court on the issue of whether a mortgagee must clearly show ownership of a mortgage before foreclosing upon the same. Bank of New York v. Giannis n/a n/a www.mortgagedaily.com/LawsuitMaForeclosures010711.asp
Janett Alvarado Bank of America Superior Court of New Jersey Chancery, Bergen County n/a "Bank of America Corp. sought to foreclose on the home of Janett Alvarado, but the note and mortgage had been lost by Washington Mutual Bank before the loan obligation was transferred to Bank of America. The court held that Bank of America could enforce the note and foreclose. Bank of America v. Alvarado BER-F-47941-08 n/a www.mortgagedaily.com/ForeclosuresJudicial030711.asp
JPMorgan Chase Bank, NA Celeste Butler Superior Court of Oregon, King County n/a Plaintiff alleges that Chase's contractors ransacked her father's home and took 17th century art while he was deathly ill at the hospital. Chase argues that the home loan was delinquent. Butler v. JPMorgan Chase Bank, NA n/a n/a www.mortgagedaily.com/LitigationServicing032511.asp
Judges John F. Bender, Kimberly Cocroft, Guy Reece n/a Ohio Supreme Court n/a Attorneys filed suit challenging requirement of personal certification of all foreclosure documents put in place by judges in Franklin County, Ohio. The requirement was first used in New York. n/a n/a n/a www.mortgagedaily.com/mctforeclosuresohio013111.asp
Larace Wells Fargo Bank Massachusetts Supreme Court n/a The court upheld a lower-court judge's decision to declare two foreclosures invalid because they failed to follow proper legal procedure in the mortgage transfer and securitization process. Wells Fargo Bank v. Larace 08 MISC 386755 (KCL) 10/17/2008 www.mortgagedaily.com/LawsuitMaForeclosures010711.asp
LaSalle Bank, N.A., Cenlar Federal Savings Bank FSB Fein, Such, Kahn and Shepard, PC, John Doe Servicers 1-100, and John Doe Law Firms 1-100 Dorothy Rhue Allen, through her attorney in fact, James Martin, Individually and as a class representative on behalf of others similarly situated United States Court of Appeals, Third Circuit n/a Allen requested the payoff on her loan from LaSalle and was sent a letter with a payoff quote that included the principal balance, servicer charges, and attorney fees. Cenlar, the servicer on this loan, sent a second letter to Allen itemizing the attorney fees and costs. Three weeks later, Allen filed a counterclaim and third-party complaint in the foreclosure action claiming that the letter from Cenlar's attorney violated the Federal Debt Collection Practices Act and state law -- leading Cenlar to dismiss the foreclosure in the New Jersey Superior Court. Allen later filed a class action over excessive costs associated with the foreclosure. Allen v. LaSalle Bank, NA et al. 09-1466 7/27/2007 www.mortgagedaily.com/LitigationServicing032511.asp
Lender Processing Services and Lee A. Kennedy International Brotherhood of Electrical Workers Local 164 Pension Fund, derivatively on behalf of LPS The Delaware Court of Chancery n/a Plaintiff seeks recovery on behalf of LPS for alleged violations of fiduciary duties and breaches of good faith in connection with LPS's default operations. Int'l Brotherhood of Elec. Workers Local 164 Pension Fund v. Lender Processing Services, et al. n/a 3/23/2010 www.mortgagedaily.com/LawsuitsInvestors033011.asp
Lender Processing Services, Inc., Jeffrey S. Carbiener, Lee A. Kennedy and Francis K. Chan Southwest Ohio District Council of Carpenters, individually and on behalf of all others similarly situated United States District Court for the Middle District of Florida n/a Plaintiffs filed this class action seeking damages for alleged violations of federal securities laws. Plaintiffs allege that LPS fraudulently inflated its stock price by executing numerous false documents, and engaging in improper and deceptive foreclosure-related activities, including robo-signing. S.W. Ohio District Council of Carpenters v. Lender Servicing Processing et al. 3:3011cv00033 1/10/2011 www.mortgagedaily.com/LawsuitsInvestors033011.asp
Mortgage Electronic Registration Systems Inc. Nancy G. Jimenez California Court of Appeals for the Fourth Appellate District, Division One n/a The plaintiff argued that MERS could not foreclose on her loan, but the Court of Appeals held otherwise. Jimenez v. Mortgage Electronic Registration Systems, Inc. et al. D056325 3/9/2011 www.mortgagedaily.com/LawsuitsForeclosures032411.asp
Mortgage Electronic Registration Systems, Inc. and Countrywide Home Loans, Inc. David Michael Martinez and Michelle Christine Martinez U.S. Bankruptcy Court for the District of Kansas n/a In this case, the court held that MERS has the authority to assign a mortgage as an agent for the servicer. In re: David Michael Martinez et al. v. Mortgage Electronic Registration Systems, Inc. et al. 09-40886 n/a www.mortgagedaily.com/ForeclosuresJudicial030711.asp
na GMAC Court in Butler Couty, Ohio na Judge issued order denying GMAC's motion to ratify a judgment because "neither the Ohio Civil Rules nor the local rules of this court provide a procedure for or authorize a court to 'ratify' a final appeal-able order" and stating that "the proper course of action would be for GMAC to first file a motion to set aside its judgment and then, once the court grants that motion, to re-file its motion for summary judgment with a correctly executed affidavit in support." na na na www.mortgagedaily.com/LitigationForeclosures011711.asp
Phillip and Viva Evans Chase Home Finance LLC, U.S. Bank N.A. Circuit Court of the Fifth Judicial District, Marion County, Florida n/a The appellate court affirmed the trial court's judgment that U.S. Bank had not proved that it was the owner of the mortgage note at the time of trial, which was bolstered by U.S. Bank's affidavit acknowledging that the original promissory note was missing and could not be located. Chase Home Fin., LLC v. Evans 08-4436-CA-G n/a www.mortgagedaily.com/LawsuitsForeclosures032411.asp
Provident Funding Associates, LP, Preferred Mortgage, Mortgage Electronic Registration Systems, Inc. and Max Default Services, Corporation Anilech Sharma, Parma Sharma United States District Court for the Northern District of California n/a The federal court recently blocked Provident Funding Associates, LP from foreclosing on a property because no one contacted the borrowers to discuss payment options or explore their financial situation, as required by state law. Sharma et al. v. Provident Funding Associates, LP et al. 3:2009cv05968 12/12/2009 www.mortgagedaily.com/ProvidentIpo030911.asp www.mortgagedaily.com/LitigationForeclosures011711.asp
ReconTrust Co., NA, Bank of America, Mortgage Electronic Registration Systems and Countrywide Home Loans Jeremy Coleman, individually and on behalf of all others similarly situated United States District Court for the District of Utah n/a Judge Tena Campbell recused herself from the case. Coleman et al. v. Recontrust Co. et al. 2:10-cv-01099-DAK 11/5/2010 www.mortgagedaily.com/LawsuitsForeclosures032411.asp
Renfro US Bank, NA Cuyahoga County Court of Common Pleas n/a Ohio's Attorney General Richard Cordray has filed an amicus brief in this foreclosure case arguing that the homeowner's servicer, Ally Financial Inc. (GMAC's Mortgage unit) should not be allowed to simply cure defects in irregular affidavits signed by the servicer leading up to foreclosure. The auction of the home has been suspended pending a hearing requiring the plaintiff to provide the court with proof of integrity of all documents submitted. U.S. Bank National Association v. Renfro CV-10-716322 n/a www.mortgagedaily.com/LitigationForeclosures011711.asp
Roman Pino Bank of New York Mellon Dist. Court of Appeal of the State of Florida- 4th Dist. $162,400 Appellate Court asks state Supreme Court to review case involving foreclosure defendant challenging foreclosure based on improper documentation. Pino v. Bank of New York Mellon No. 4D10-378 2-Feb-11 www.mortgagedaily.com/mctlawsuitforeclosurefl020311.asp
Sandra A. Ford Wells Fargo Bank, N.A. Superior Court of New Jersey- Appellate Division n/a Court held that trustee of securitization trust did not have standing to bring foreclosure action based on poor documentation of assignment of note. Wells Fargo Bank, N.A. v. Ford A-3627-06 1/28/2011 www.mortgagedaily.com/dpforeclosurenj020311
Scott P. and Shelley P. Mattfeld PHH Mortgage Corp. Court of Appeals of Wisconsin, District II n/a PHH Mortgage Corp.'s default judgment against the Mattfelds was set aside by the appellate court because of procedural defects in the service of process. PHH Mort. Corp. v. Mattfeld 2010AP612 n/a www.mortgagedaily.com/LawsuitsForeclosures032411.asp
Shaun Donovan, in his capacity as Secretary of HUD Robert Bennett, Leila Joseph and Delores J. Moore United States District Court for the District of Columbia n/a AARP, representing surviving spouses of three deceased borrowers on home-equity conversion mortgages, sued HUD for allegedly foreclosing on the surviving spouses unfairly as a result of a change to HUD's HECM policies. Bennett et al. v. Donovan et al. 1:11-cv-00498 3/8/2011 www.mortgagedaily.com/MctLawsuitAarpHud032111.asp
Suzanne North BAC Home Loan Servicing, LP, Bank of America Corporation, PRLAP Inc. and ReconTrust Company Fifth Judicial District, Nevada, Nye County, removed to U.S. District Court, for the District of Nevada, Los Vegas n/a ReconTrust, a Bank of America subsidiary, was ordered to stop non-judicial foreclosures on January 20, 2011, until a hearing on February 28, 2011, because the subsidiary is not properly licensed in the state. The lawsuit was removed by defendants to federal court in Las Vegas. The district court judge dissolved the temporary restraining order and injunction on January 20, 2011. North v. Bank of America Corp. et al. CV31506 1/11/2011 www.mortgagedaily.com/MctForeclosureBoa012611.asp
Vanderbilt Mortgage and Finance, Inc. Cesar Flores and Alvin King United States District Court for the Southern District of Texas $559,000 Plaintiffs alleged that the defendant was liable for civil racketeering after it released a lien that was filed with the county clerk without plaintiffs' knowledge. The jury agreed with the plaintiffs, and the judge confirmed the verdict. Vanderbilt Mortgage and Fin., Inc. v. Flores 2:09-cv-00312 11/17/2009 www.mortgagedaily.com/LitigationServicing032511.asp
Washington Mutual Bank, F.A. et al. Kwaku Atta Poku U.S. District Court for the District of Maryland $34,000,000 Borrower may proceed in lawsuit against lender who provided faulty refinancing which failed to stop foreclosure Poku v. Washington Mutual Bank, F.A. 1:2008cv01198 n/a www.mortgagedaily.com/mctforeclosuremd020111.asp
Wells Fargo Bank, NA Gustavo Reyes, individually and on behalf of all others similarly situated United States District Court for the Northern District of California n/a Plaintiff filed this class action lawsuit claiming that Wells Fargo extracted payments from borrowers in default on their mortgage by falsely promising them the opportunity to retain their homes through an allegedly illusory forbearance-to-modification program. Reyes v. Wells Fargo Bank, NA C-10-01667-JCS 4/19/2010 www.mortgagedaily.com/LitigationModifications033111.asp
Wilmington O. Charles, Jr., Lloyd A. & Marsha G. Freedman Living Trust, Arkansas Department of Finance & Administration, Gary Moran and Arkansas Federal Credit Union Chase Home Finance, LLC Court of Appeals of Arkansas, Division III n/a Chase Home Finance, LLC successfully appealed a foreclosure decree that granted a second lien holder relief in excess of the total amount of its lien in a foreclosure proceeding. Although the court entered a default judgment against Chase, who held a first lien, the court agreed that "a judgment by default should not be different in kind from or exceed in amount that prayed for in the demand for judgment." Chase Home Finance, LLC v. Chares et al. CA 10-367 12/8/2010 www.mortgagedaily.com/LitigationForeclosures011711.asp
Zane G. Haecherl Wells Fargo Bank, NA District Court of Appeal of Florida, Fourth District n/a The appellate court reversed the trial court's denial of a motion to vacate amended notice of a voluntary dismissal with prejudice. Wells Fargo Bank, NA v. Haecherl 4D09-4569 3/16/2011 www.mortgagedaily.com/LawsuitsForeclosures032411.asp
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