|
Defendant
|
Plaintiff
|
Court
|
Amount
|
Overview
|
Case Title |
Case Number
|
Date Filed |
Link to StoryLink to Story |
| Arthur W. and Joanne E. Cranston |
American Heritage Banco Inc. |
Court of Appeals of Indiana |
na |
Trial court’s decision against American Heritage reversed. |
AMERICAN HERITAGE BANCO, INC. v. CRANSTON |
Case No. 76A04-0907-CV-384 |
n |
oldwww.mortgagedaily.com/LitigationForeclosure061610.asp |
| Earnest E. Harptser |
U.S. Bank, N.A. |
Florida court |
na |
Foreclosure dismissed over assignment defects. |
na |
na |
na |
oldwww.mortgagedaily.com/LitigationForeclosure061610.asp |
| Freedom Equity Savings, LLC |
State of Ohio ex rel Ohio Attorney General Richard Cordray |
Court of Common Pleas of Franklin County, Ohio |
n/a |
The Ohio Attorney General’s Office has charged Freedom Equity Savings, LLC with violations of Ohio’s Consumer Sales Practices Act for allegedly accepting money from homeowners in order to prevent foreclosures and failing to provide the promised services. Defendant used a website and phone solicitations to attract consumers and charged up to $3,250 in fees. |
State of Ohio v. Freedom Equity Savings, LLC |
n/a |
n/a |
oldwww.mortgagedaily.com/LitigationForeclosure062910.asp |
| Glazy Ruscalleda and Jose Ruscalleda |
HSBC Bank USA |
District Court of Appeal of Florida, Third District |
na |
Foreclosure reversed. |
RUSCALLEDA v. HSBC BANK USA |
Case No. 76A04-0907-CV-384 |
na |
oldwww.mortgagedaily.com/LitigationForeclosure061610.asp |
| JLS & Associates Financial Services, LLC |
State of Ohio ex rel Ohio Attorney General Richard Cordray |
Court of Common Pleas of Lucas County, Ohio |
n/a |
Ohio Attorney General Richard Cordray announced a lawsuit filed against JLS Associates Financial Services LLC in which Condray claims the company promised to rescue delinquent borrowers from foreclosure but instead wound up defrauding them out of thousands of dollars and leaving them worse off. |
State of Ohio v. JLS & Associates Financial Services, LLC |
G-4801-CI-0201004612-000 |
6/17/10 |
oldwww.mortgagedaily.com/LitigationForeclosure062910.asp |
| Linda Bogus and James Bogus |
Bank of New York as trustee for the Certificate Holders CWALT, Inc. Alternative Loan Trust 2005-77T1 |
Court of Civil Appeals of Alabama |
na |
Trial court decision not to vacate a default judment reversed. |
Linda Bogus and James Bogus v. Bank of New York, as trustee for the Certificate Holders CWALT, Inc. Alternative Loan Trust 2005-77T1 Mortgage Pass-Through Certificates, Series 2005-77T1 |
Case No. 2081195 |
na |
oldwww.mortgagedaily.com/LitigationForeclosure061610.asp |
| na |
Wells Fargo Bank, N.A. |
Superior Court of New Jersey, Appellate Division |
$629,800 |
Affirmation of chancery division New Jersey’s decision to undo a sheriff’s sale where bidding was mistakenly limited to $63,000 instead of $629,800. |
na |
na |
na |
oldwww.mortgagedaily.com/LitigationForeclosure061610.asp |
| Newall Funding, LLC |
Juan Miguel and Iluminada Pena |
New Jersey Superior Court-Essex County |
na |
Interim attorneys fees awarded in favor of plaintiffs seeking a preliminary injunction under the Consumer Fraud Act |
Pena v. Newell Funding, LLC. |
09 4 7998 |
23-Apr-10 |
oldwww.mortgagedaily.com/LitigationForeclosureFirms061610.asp |
| Nona McGahan |
ABN AMRO Mortgage Group Inc. |
Supreme Court of Illinois |
na |
Plaintiff appealed foreclosure denial and won. But Supreme Court of Illinois overturned appeal and affirmed circuit court decision. |
ABN AMRO MORTGAGE GROUP, INC. v. McGAHAN |
Docket No. 10795 |
na |
oldwww.mortgagedaily.com/LitigationForeclosure061610.asp |
| Peni Cox |
Bank of America |
US District Court for the District of Utah |
na |
Federal judge dissolves injunction prohibiting bank from proceeding with foreclosure sales based on alleged violations of state law including failure to register as a business entity with Utah Dept. of Commerce. |
na |
na |
na |
oldwww.mortgagedaily.com/MctUtahBoa061210.asp |
| Pierre Elliott and Lisa Elliott |
Aurora Loan Services LLC |
District Court of Appeal of Florida, Fourth District |
na |
Foreclosure judgment reversed because trial court erred in denying the Elliotts’ verified motion to vacate default and, consequently, erred in entering the final judgment of foreclosure. |
PIERRE ELLIOTT and LISA ELLIOTT, Appellants, v. AURORA LOAN SERVICES, LLC, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee and STONEBROOK ESTATES COMMUNITY ASSOCIATION, INC., Appellees. |
Case No. 4D08-4362 |
na |
oldwww.mortgagedaily.com/LitigationForeclosure061610.asp |
| USA Mortgage Aid Inc. |
State of Indiana |
na |
$1,700 |
Mortgage modification scam in which up-front fees were charged in return for modification services which were not performed. |
na |
na |
na |
oldwww.mortgagedaily.com/LitigationForeclosureFirms061610.asp |
| Rolando Alonzo Cousins |
United States of America |
United States District Court for the District of Maryland |
$471,700 |
As a senior loan officer for Metropolitan, Cousins allegedly promised delinquent borrowers he could save them from foreclosure by taking title to their properties and giving it back at a later date. Instead, he allegedly used mortgage fraud to obtain loans on the properties and extract the equity. Cousins has plead guilty to his role. |
U.S. v. Cousins |
10-00089 |
3/8/10 |
oldwww.mortgagedaily.com/LitigationForeclosure062910.asp |
| Carl T. and Margaret Lupica |
When Wells Fargo Bank, N.A. |
District Court of Appeal of Florida, Fifth District |
na |
Appeals court overturned trial court’s denial of motion to cancel foreclosure. |
WELLS FARGO BANK, N.A. v. LUPICA |
Case No. 5D09-2902 |
na |
oldwww.mortgagedaily.com/LitigationForeclosure061610.asp |
| Washington Mutual |
Lori and Mark Pestana |
na |
$5,000,000 |
Settlement in case where defendant accused of telling borrowers to skip payments to qualify for modification. |
na |
na |
na |
oldwww.mortgagedaily.com/LitigationForeclosure061610.asp |
| Countrywide Home Loans, BAC Home Loans Servicing and Fannie Mae |
Bradford Corder |
Kanawha Circuit Court, W.V. |
na |
Complaint alleges predatory lending and abusive servicing were responsible for the foreclosure on plaintiff’s home. |
Corder v. Countrywide et al. |
Case No. 10-C-698 |
na |
oldwww.mortgagedaily.com/LitigationForeclosure061610.asp |
| GMAC Mortgage Corp. |
American Residential Equities LLC |
U.S. District Court for the Southern District of Florida |
NA |
Mortgage investor files suit against GMAC alleging mismanagement of assets by mortage servicer |
American Residential Equities LLC v. GMAC Mortgage Corp. |
na |
na |
oldwww.mortgagedaily.com/LawsuitGmac061510.asp |
| Countrywide Mortgage |
Las Vegas couple |
na |
$3,400,000 |
Complaint alleges lender wrongly allowed “trashout” of property. |
na |
na |
na |
oldwww.mortgagedaily.com/MctForeclosures060710.asp |
| Deutsche Bank |
Ricky Rought |
U.S. District Court in Grand Rapids |
na |
Complaint alleges lender wrongly allowed “trashout” of property. |
na |
na |
na |
oldwww.mortgagedaily.com/MctForeclosures060710.asp |
| Trott & Trott, Aurora Loan Services, several small companies |
Martin Powelson |
Michigan court |
$180,000 |
Complaint alleges lender wrongly allowed “trashout” of property. |
na |
na |
na |
oldwww.mortgagedaily.com/MctForeclosures060710.asp |
| Docx LLC |
State of Florida |
na |
na |
Attorney General investigating whether subsidiary of Lender Processing Services forged real estate documents, including mortgage assignments, in connection with foreclosure lawsuits. |
na |
na |
na |
oldwww.mortgagedaily.com/MCTDocXInvestigation051510.asp |
| Mortgage Electronic Registration Systems, Inc. |
n/a |
n/a |
n/a |
Lawsuits have been filed by a Reno, Nevada law firm in CA and NV against MERS alleging fraud because the company has no interest in loans where it is listed as owner. |
n/a |
n/a |
n/a |
oldwww.mortgagedaily.com/LitigationForeclosure062910.asp |
| Tracie Mosley; Paula Kurnava |
Mortgage Electronic Registration Systems, Inc. |
Court of Appeals of Ohio, Eighth Appellate District, County of Cuyahoga |
n/a |
A foreclosure appeal filed by defendants was unsuccessful and affirmed by the Court of Appeals of Ohio, Eighth District, Cuyahoga County. Mosley and Kurnava had asserted several counterclaims including, estoppel, failure of consideration, want of consideration for negotiable instrument and rescission. The court found in favor of MERS on all counts and allowed the foreclosure. |
Mortgage Electronic Registration Systems, Inc. v. Tracie Mosley et al. |
No. 93170 |
n/a |
oldwww.mortgagedaily.com/LitigationForeclosure062910.asp |
| America’s Law Group, Bryan D’Antonio; Data Medical Capital, Inc.; Rodis Law Group, Inc. |
Federal Trade Commission |
United States District Court for the Central District of California |
$11,400,000 |
An $11.4 million contempt order was issued against defendants, who are accused of charging up to $5,500 up-front and claiming a 100 percent success rate in stopping foreclosures. They also wrongfully advised borrowers to stop making payments and falsely claimed to utilize attorneys. |
FTC v. Data Medical Capital, Inc. et al. |
SA-CV-99-1266 AHS |
1/15/10 |
oldwww.mortgagedaily.com/LitigationForeclosure062910.asp |
| Gennaro Rauso |
United States of America |
United States District Court for the Eastern District of Pennsylvania |
$400,000 |
Through his Pennsylvania company, D&B Property Investors, Rauso allegedly took title to the properties of desperate homeowners, leased the properties back to the borrowers and used tactics like bankruptcy filings to delay and obstruct foreclosures. |
U.S. v. Rauso |
n/a |
n/a |
oldwww.mortgagedaily.com/LitigationForeclosure062910.asp |
| Ronald Harris, Jr.; Sterling Bruce; Sabir Muhammad |
United States of America |
United States District Court for the District of New Jersey |
n/a |
The defendants allegedly promised borrowers facing foreclosure that they would prevent the foreclosures and repair damaged credit. Through foreclosure rescue firms Harris Capital and Skyline Capital Group, both owned by Harris, the defendants allegedly convinced borrowers to transfer title to straw buyers for six to twelve months at which time they would transfer title back. Instead, they extracted all the equity from the properties using fraudulent loan files. |
U.S. v. Harris |
10-4090 (CCC) |
6/21/10 |
oldwww.mortgagedaily.com/LitigationForeclosure062910.asp |
| Jeffrey Tye Brown |
State of Nevada |
na |
$30,685 |
Mortgage modification scam in which up-front fees were charged in return for modification services which were not performed. |
na |
na |
na |
oldwww.mortgagedaily.com/LitigationForeclosureFirms061610.asp |
| Michael Fiorito |
United States |
US District Court for the District of Minnesota |
|
Mortgage modification scam results in prison sentence for equity stripping scheme. |
na |
na |
na |
oldwww.mortgagedaily.com/LitigationForeclosureFirms061610.asp |
| William Vargas |
State of Nevada |
na |
$21,000 |
Mortgage modification scam in which up-front fees were charged in return for modification services which were not performed. |
na |
na |
na |
oldwww.mortgagedaily.com/LitigationForeclosureFirms061610.asp |
