|
Defendant
|
Plaintiff
|
Court
|
Amount
|
Overview
|
Case Title |
Case Number
|
Date Filed |
Link to StoryLink to Story |
| Alan Miller, Phyllis A. Miller, Branch Banking and Trust Co., Jeff D. Rogers, substitute trustee |
Fifth Third Mortgage Co. |
North Carolina Court of Appeals |
na |
Fifth Third filed suit seeking reformation of a deed of trust that included an incorrect description of the real property that was being foreclosed upon by another lender. The other lender was deemed to have priority to the proceeds of the foreclosure sale because the error in the deed of trust precluded Fifth Third’s priority claims. |
Fifth Third Mortgage Co. v. Miller et al |
No. COA09-961 |
March 2, 2010 |
oldwww.mortgagedaily.com/LitigationCompliance032910.asp |
| American Home Mortgage Holdings, Inc. et al |
na |
U.S. Bankruptcy Court for the District of Delaware |
$100k |
AHM was held liable for aiding and abetting mortgage fraud perpetrated by an unlicensed real estate broker. |
In Re. American Home Mortgage Holdings, Inc. et al |
No. 07-11047 |
na |
oldwww.mortgagedaily.com/LitigationCompliance032910.asp |
| American Home Mortgage Servicing, Inc., Option One Mortgage Corporation, Quality Loan Service Corp., Olympic Mortgage & Investment Company, Inc., Phillip Rouble and Timothy Alan Smith and Does 1-20 |
Walter Baldain Jr., Michael Baldain |
U.S. District Court, E.D. California |
na |
The judge denied Defendants’ motion to dismiss the lawsuit where defendants are accused of foreclosing on the wrong property. |
Baldain v. American Home Mortgage Servicing, Inc. |
Case No. CIV. S-09-0931 LKK/GGH |
January 5, 2010 |
oldwww.mortgagedaily.com/ForeclosureLitigation021510.asp |
| Bank of America Corp. |
Alan Schroit |
122nd State District Court in Galveston |
na |
Plaintiff claims that Bank of America mistakenly foreclosed on his free-and-clear Galveston vacation home–changing the locks, shutting off the power and resulting in 75 pounds of spoiled salmon. |
Schroit v. Bank of America Corp. |
3:2010cv00044 |
February 10, 2010 |
oldwww.mortgagedaily.com/ForeclosureLitigation021510.asp |
| Bank of America Corp. |
Angela Iannelli |
Allegheny County, Pennsylvania |
|
Bank repossessed wrong house and, in the process, stole a parrot. |
na |
na |
na |
oldwww.mortgagedaily.com/LitigationForeclosures033110.asp |
| Bank of America et al. |
Charlie P. Cardoso and Maria C. Cardoso et al. |
Massachusetts District Court |
na |
Bank of America faces litigation over Countrywide’s 2009 foreclosure of a free-and-clear property owned by plaintiffs. |
Cardoso et al. v. Bank of America et al. |
1:2010cv10075 |
January 20, 2010 |
oldwww.mortgagedaily.com/ForeclosureLitigation021510.asp |
| Bank of America, Bank of America, A1 Preservation Corp. and Richard A. Spurgeon (Unknown Agents) |
Christopher Hamby |
Commonwealth of Kentucky Floyd Circuit Court |
na |
Plaintiff claims that Bank of America mistakenly foreclosed on his residence and caused damage to his property. |
Hamby v. Bank of America |
Civil Action NO. 09-CI-01137 |
February 1, 2010 |
oldwww.mortgagedaily.com/ForeclosureLitigation021510.asp |
| Chase Manhattan |
Sandra Faye Wright |
1st Judicial District, Caddo Parish, Louisiana |
na |
On removal to US District Court for the Western District of Louisiana, Chase wins on motion to dismiss claim alleging failure to remit mortgage payment from borrower to CitiFinancial Mortgage. |
na |
na |
February 12, 2009 |
oldwww.mortgagedaily.com/LitigationForeclosures033110.asp |
| City of Providence |
Deutsche Bank National Trust |
Rhode Island Superior Court |
na |
Plaintiff alleges that a law by the city of Providence violates Rhode Island law. |
na |
na |
January 14, 2010 |
oldwww.mortgagedaily.com/LitigationForeclosureFirms033110.asp |
| Countrywide Home Loans |
Montana Attorney General Steve Bullock |
na |
$247,247 |
A foreclosure relief settlement with Montana Attorney General Steve Bullock will cost Countrywide $247,247. Defendant was accused of fast-talking borrowers into dubious loans they did not understand and had little or no hope of ever paying back. Borrorower received checked for $3,129 as settlement. |
na |
na |
na |
oldwww.mortgagedaily.com/ForeclosureLitigation021510.asp |
| Dolores Chia |
Wells Fargo Bank, N.A. |
na |
na |
An appeals court denied an individual’s attempt to amend a complaint to name mortgagor Wells Fargo because her bankruptcy proceedings had already been discharged. |
na |
na |
na |
oldwww.mortgagedaily.com/Litigation032910.asp |
| Edward D. McCusker, Jeffrey A. Bennett, Stephen G. Doherty, John Alford Bariana, Jacqueline McCusker |
United States |
U.S. District Court for the Eastern District of Pennsylvania |
na |
Defendants are accused of operating a scheme from 2004-2007 using mortgage fraud to extract the remaining equity in homes where borrowers were delinquent or financially distressed. |
United States v. McCusker et al. |
na |
December 8, 2009 |
oldwww.mortgagedaily.com/ForeclosureFirmLitigation021510.asp |
| Edward Seung Ok, Martha Rodriguez, Cynthaia Valenzuela, Vladimir Stefanovic and Maria G. Juarez |
United States of America |
na |
$40,000,000 |
Prison sentences handed out in foreclosure scam |
na |
na |
na |
oldwww.mortgagedaily.com/LitigationForeclosureFirms033110.asp |
| Eric Alpert |
Nevada |
na |
na |
Alpert is accused of illegally seizing foreclosed properties, while Alpert claims a law called adverse possession allows him to seize vacant homes. He faces up to 147 years in prison for seizing control of the properties and leasing them out. |
na |
na |
na |
oldwww.mortgagedaily.com/ForeclosureFirmLitigation021510.asp |
| First Horizon Home Loans |
Brian P. Sims |
Court of Appeals, Twelfth Appellate District of Ohio, Warren County |
na |
Summary judgment in favor of lender foreclosing on note is affirmed in part and reversed in part. |
First Horizon Home Loans v. Sims |
No. CA2009-08-117 |
na |
oldwww.mortgagedaily.com/LitigationForeclosures033110.asp |
| G Services Group LLC d/b/a Guardian Services Group |
State of Ohio ex rel. Attorney General Richard Cordray |
Court of Common Pleas of Montgomery, Ohio |
na |
Defendants are accused of charging borrowers thousands of dollars to help them avoid foreclosure and refusing to provide refunds even though services were never provided. |
State of Ohio v. G Services Group LLC d/b/a Guardian Services Group |
Case No. 2010 CV 00805 |
February 1, 2010 |
oldwww.mortgagedaily.com/ForeclosureFirmLitigation021510.asp |
| Greenpoint Mortgage Funding, Inc. |
Melody L. Cochran |
California Court of Appeals, Second Appellate District, Division Five |
na |
Plaintiff sued to quiet title and for fraud based on fraudulent transfer of spouse’s separate property by husband. Appellate court reversed a summary judgment grant in favor of Greenpoint, who had recorded two Deeds of Trust on the Property |
Cochran v. Greenpoint Mortgage Funding, Inc. |
No. B214890 |
March 9, 2010 |
oldwww.mortgagedaily.com/LitigationForeclosures033110.asp |
| Home Savers Consulting Corp., Garth Celestine, Phil A. Simon |
na |
na |
$10,000,000 |
Guilty plea in alleged foreclosure scam. |
na |
na |
na |
oldwww.mortgagedaily.com/LitigationForeclosureFirms033110.asp |
| Isaac Yass and Andrew Blechman |
United States |
U.S. District Court in Topeka, Kansas |
$1,000,000 |
Sentences pursuant to convictions for fraudulently filing bankruptcies in the name of nonexistent individuals with businesses that claimed to be part-owners of properties that were in foreclosures. |
U.S. v. Yass |
No. 08-40008-JAR |
January 4, 2010 |
oldwww.mortgagedaily.com/ForeclosureFirmLitigation021510.asp |
| Jamaar Manlove, Larry Manlove, Rhonda Manlove, Master Builders for Christ and Vision Builders Christian Center |
United States |
Delaware |
na |
Defendants were charged in a 21 count indictment for mortgage fraud. Defendants allegedly promised borrowers who were on the verge of foreclosure that they could avoid foreclosure through a complex sale-leaseback scheme where they transferred title then took it back after their financial standing improved. |
na |
na |
February 2, 2010 (Indictment announced) |
oldwww.mortgagedaily.com/ForeclosureFirmLitigation021510.asp |
| Jeffery Tye Brown |
na |
na |
na |
Indictment over alleged foreclosure scheme. Borrower fled to Phillipines. |
na |
na |
na |
oldwww.mortgagedaily.com/LitigationForeclosureFirms033110.asp |
| Jennifer McCall, Wilbur Ballesteros, Ronald Aaron Chapman Jr., Clifford McCall, Joy Jackson, Kurt Forham |
na |
na |
$17,000,000 |
Some of defendants sentenced in foreclosure scheme. |
na |
na |
na |
oldwww.mortgagedaily.com/Credit011210.asp |
| Julian James Ruiz III |
State of Oregon |
na |
na |
Mortgage fraud results in criminal prosecution for owner of American Home Modification. |
na |
na |
na |
oldwww.mortgagedaily.com/LitigationForeclosureFirms033110.asp, oldwww.mortgagedaily.com/LitigationModificationFirms033010.asp |
| Marilyn L. Elliott and Michael S. Elliott |
JPMorgan Chase Bank, as Trustee on Behalf of the Registered Certificate Holders of GSAMP Trust 2004-SEA2, Mortgage Pass-Through Certificate Series 2004-SEA2 |
Court of Appeals of Indiana |
na |
The court overturned a foreclosure filed by Ocwen Bank on behalf of Appellee, JP Morgan Chase Bank, finding that Chase had already recorded a satisfaction of lien after the original borrower had paid the loan in full in 2001. The foreclosure was erroneous. |
Elliot v. JPMorgan Chase Bank |
Case No. 30A01-CV-356 |
February 2, 2010 |
oldwww.mortgagedaily.com/ForeclosureLitigation021510.asp |
| Michael Brotherton |
State of Ohio ex rel. Attorney General Richard Cordray |
Court of Common Pleas of Green County, Ohio General Division |
$81,894 |
An $81,894 judgment was obtained against Defendant who allegedly promised debit negotiations and modification in exchange for an up-front fee of $1,269. Defendant failed to deliver any services. |
State of Ohio v. Brotherton |
Case No. 2009 CV 0709 |
January of 2010 |
oldwww.mortgagedaily.com/ForeclosureFirmLitigation021510.asp |
| Michael Sinclair, William Vargas |
na |
na |
na |
Indictment over alleged foreclosure scheme. Sinclair fled to Phillipines. |
na |
na |
na |
oldwww.mortgagedaily.com/LitigationForeclosureFirms033110.asp, oldwww.mortgagedaily.com/LitigationModificationFirms033010.asp |
| National City Bank |
Judith Engler and Estate of Harold P. Engler |
Minnesota Court of Appeals |
na |
The court found that a mortgage was valid and enforceable against a wife who didn’t sign the loan documents as a co-borrower but stopped making payments after her husband died. |
National City Bank v. Engler |
No. A09-837 |
January 26, 2010 |
oldwww.mortgagedaily.com/ForeclosureLitigation021510.asp |
| PNC Bank and First Franklin Financial Corporation and Home Loan Services, d/b/a First Franklin Loan Services, and Select Portfolio Servicing, Inc. and American Home Mortgage Servicing, Inc. and U.S. Bank National Association and Citigroup Global Markets Realty Corp. |
Pansye Williams |
U.S. District Court, S.D. West Virginia, Charleston Division |
na |
The court denied Defendants’ Motion to Change Venue in a case where the Plaintiff is trying to avoid a foreclosure. |
Williams v. PNC Bank |
Civil Action No. 2:09-CV-953 |
January 29, 2010 |
oldwww.mortgagedaily.com/ForeclosureLitigation021510.asp |
| Stan Kahan |
Jennifer Zollars |
Solano County Superior Court, California |
na |
The same day that the REO department of the U.S. Bank sold property to the plaintiff, another department at the bank filed a notice-of-trustee’s sale based on an earlier deed of trust to Stan Kahan, who filed an eviction notice against the plaintiff. Zollars filed suit alleging she owned the home, but the court ruled against her in finding that CA law protects a bidder at a foreclosure sale upon delivery of a trustee’s deed after a non-judicial foreclosure sale if he is a bona fide purchaser. |
Zollars v. Kahan |
Case # FCS 031010 |
na |
oldwww.mortgagedaily.com/ForeclosureLitigation021510.asp |
| United Law Group, Inc. |
State of Ohio ex rel. Attorney General Richard Cordray |
Franklin County Common Pleas Court |
na |
Defendant is accused of soliciting borrowers over the phone using “high-pressure sales tactics”–charging upfront fees of as much as $4,000–and not delivering on its promises. |
State of Ohio v. United Law Group, Inc. |
Case No. 10 CVH 02 1567 |
February 1, 2010 |
oldwww.mortgagedaily.com/ForeclosureLitigation021510.asp |
| Wells Fargo Bank, Bank of America, Guaetta and Benson |
Marie Carole Eveillard, Andre E. Pierre |
U.S. District Court for the District of Massachusetts |
na |
Plaintiffs seek cessation of foreclosure auction proceedings and mortgage modification. |
Eveillard et al v. Wells Fargo, NA et al. |
Case No. 1:10-cv-10351-RWZ |
Feb. 26, 2010 |
oldwww.mortgagedaily.com/LitigationModifications033010.asp |
| Wells Fargo Bank, NA, as trustee for Bear Sterns Asset Backed Securities I LLC, Greenpoint Mortgage Funding Trust 2006-ARI, Mortgage Pass Through Certificates, Series 2006-ARI |
John Cirigliano |
Circuit Court of the Eleventh Judicial District, Miami Dade County, Florida |
na |
Plaintiff’s motion for summary judgment denied based on issues of material fact as to standing. |
Wells Fargo, NA v. Cirigliano |
No. 08-28846-CA10 |
March 25, 2010 |
oldwww.mortgagedaily.com/LitigationForeclosures033110.asp |
| William Gahwyler Jr. and Frederick Cleveland |
Sean O’Brien and Nicole O’Brien |
U.S. Bankruptcy Court |
$700,000 |
Defendant Gahwyler found liable over alleged participation in a mortgage foreclosure rescue scam. |
O’Brien v. Cleveland |
Case No. 08-1676 |
January 22, 2010 (ruling) |
oldwww.mortgagedaily.com/ForeclosureFirmLitigation021510.asp |
