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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
Second-Quarter 2010 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
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 www.mortgagedaily.com/LitigationForeclosure061610.asp
Earnest E. Harptser U.S. Bank, N.A. Florida court na Foreclosure dismissed over assignment defects. na na na www.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 www.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 www.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 www.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 www.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 www.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 www.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 www.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 www.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 www.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 www.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 www.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 www.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 www.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 www.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 www.mortgagedaily.com/LawsuitGmac061510.asp
Countrywide Mortgage Las Vegas couple na $3,400,000 Complaint alleges lender wrongly allowed "trashout" of property. na na na www.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 www.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 www.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 www.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 www.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 www.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 www.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 www.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 www.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 www.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 www.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 www.mortgagedaily.com/LitigationForeclosureFirms061610.asp
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