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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 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
Steven Baum, MERS, et al. Connie Campbell United States District Court for the Eastern District of New York $100,000,000 The federal court dismissed the plaintiff's Racketeer Influenced Corrupt Organizations ("RICO") suit charging Steven Baum, Esq. of making false filings in connection with foreclosures. Campbell v. Baum 10-cv-3800 08/17/10 www.mortgagedaily.com/LitigationForeclosure052411.asp
Susan Chana Lask, Law Offices of Susan Lask Steven Baum, Steven J. Baum, P.C. United States District Court for the Western District of New York $6,000,000 Steven Baum sued Lask, the plaintiff's attorney in another case, Campbell v. Baum (above), for defamation in connection to the Campbell case. A voluntary dismissal with prejudice for an undisclosed amount has been filed. Baum v. Lask 1:2011cv00197 03/08/11 www.mortgagedaily.com/LitigationForeclosure052411.asp
HSBC Bank Association, as Trustee of the Deutsche Atl-A Securities Mortgage Loan Trust Series 2006-AR5 Onewest Bank, FSB United StatesDistrict Court for the Southern District of New York n/a Mortgage Servicer Onewest Bank filed its lawsuit against HSBC, the trustee in a mortgage securitization, to stop the foreclosure on borrower Pamela Jeter. Onewest Bank, FSB v. HSBC Bank Association, as Trustee of the Deutsche Alt-A Securities Mortgage Trust, Series 2006-AR5 1:10-cv-04855-SHS 06/22/10 www.mortgagedaily.com/LitigationForeclosures061411.asp
James Hendricks U.S. Bank National Association, as Successor Trustee to Bank of America State of Michigan Washington County Trial Court n/a A Michigan judge overturned a First Franklin foreclosure after he concluded that the company couldn't have owned the mortgage after it failed to comply with certain mortgage securitization rules. Plaintiff's attorney, James Hendricks, reportedly said that U.S. Bank, the trustee for the securitization did not have the right to foreclose, in part because it had not been assigned ownership of the loan in accordance with the rules required to ensure tax-exempt status of mortgage-bond investments. U.S. Bank, N.A. v. Hendricks 10-849-CH n/a www.mortgagedaily.com/LitigationForeclosures061411.asp
Bank of America, Countrywide Financial United States n/a $20,000,000 The DOJ and BOA agreed to a settlement whereby BOA would pay $2.4 million to resolve allegations that the lender foreclosed on 160 military personnel in violation of the Servicemembers Civil Relief Act ("SCRA") in 20 states without court orders. U.S. v. Bank of America n/a n/a www.mortgagedaily.com/MctSettlementMilitary052611.asp
Saxon Mortgage Services, Inc. United States United States District Court for the Northern District of Texas $2,400,000 The DOJ and Saxon agreed to a settlement whereby Saxon would pay $2.4 million to resolve allegations that the lender foreclosed on 17 military personnel in violation of the Servicemembers Civil Relief Act ("SCRA") in ten states without court orders. U.S. v. Saxon Mortgage Servs., Inc. 3:11-cv-01111-F 05/26/11 www.mortgagedaily.com/MctSettlementMilitary052611.asp
Wells Fargo & Co. Karen Miller n/a n/a Karen Miller, along with seven other plaintiffs, have filed suit against Wells Fargo alleging that the bank told her not worry about foreclosure while she was in the modification approval process, however, the bank started a foreclosure anyway. n/a n/a n/a www.mortgagedaily.com/LitigationMods062711.asp
Bryan D'Antonio, Data Medical Capital, Inc., The Rodis Law Group Inc., America's Law Group and The Financial Law Group, Inc. Federal Trade Commission United States District Court in the Central District of California, Southern Division $11,400,000 The FTC mailed 1,455 refund checks to customers of The Rodis Law Group Inc., America's Law Group and the Financial Law group Inc., after Bryan D'Antonio and the companies falsely promised delinquent borrowers that they could stop foreclosures and negotiate better loan terms, charging borrowers up to $5,500. The FTC had previously obtained a $11.4 million judgment against Defendants. Federal Trade Commission v. Data Medical Capital, Inc., et al. FTC File No. X000001; Civ. No SA-CV-99-1266-AHS (Eex) 04/01/09 www.mortgagedaily.com/LitigationForeclosureFirms063011.asp
Home Assure, LLC, B Home Associates, LLC d/b/a Expert Foreclosures, Brian Blanchard, individually and as a member, officer, or director of Home Assure, LLC and B Home Associates, LLC, and Michael Grieco, Michael Trimarco, and Nicolas Molina, individually and as members, officers, or directors of Home Assure, LLC Federal Trade Commission United States District Court for the Middle District of Florida, Tampa Division $2,400,000 The FTC mailed refunds totaling $2.3 million to 1,410 borrowers who were allegedly defrauded by Home Assure, LLC. The company settled allegations last year that it charged as much as $2,500 in up-front fees but did little or nothing to help customers avoid foreclosure. Federal Trade Commission v. Home Assure, LLC, et al. FTC File No. 082 3192; Civ. No 8:09-cv-547-T-23TBM 03/24/09 www.mortgagedaily.com/LitigationForeclosureFirms063011.asp
Citibank, N.A. Comptroller of the Currency, Federal Reserve, FDIC, Office of Thrift Supervision, Federal Housing Finance Agency n/a n/a Consent order governing deficiencies in residential mortgage servicing practices of Citibank In the Matter of Citibank, N.A. n/a 03/29/11 www.mortgagedaily.com/ServicerSettlement041311.asp
Everbank Office of Thrift Supervision n/a n/a Consent order governing deficiencies in residential mortgage servicing practices of Everbank. In the Matter of Everbank n/a n/a www.mortgagedaily.com/ServicerSettlement041311.asp
MERSCORP, Inc, Mortgage Electronic Registration Systems, Inc. Comptroller of the Currency, Federal Reserve, FDIC, Office of Thrift Supervision, Federal Housing Finance Agency n/a n/a Governmental agencies enter into consent order with MERS re: deficiencies related to tracking of documentation and tracking of residential loan mortgages and servicing In the Matter of MERSCORP, Inc. n/a 04/13/11 www.mortgagedaily.com/ServicerSettlement041311.asp
Onewest Bank, FSB Office of Thrift Supervision n/a n/a Consent order governing deficiencies in residential mortgage servicing practices of Onewest In the Matter of Onewest Bank, FSB n/a n/a www.mortgagedaily.com/ServicerSettlement041311.asp
Citifinancial Mortgage CO. Patrick Cogswell, Patrick O'Flaherty United States Court of Appeals for the Seventh Circuit n/a 7th Circuit reverses lower court's dismissal of suit alleging failure to deliver loan documentation (the note) prohibited proper foreclosure proceedings by plaintiffs. Cogsell et al. v. Citifinancial Mortgage Co. No. 08-2153 10/15/10 www.mortgagedaily.com/litigationsecondary051111.asp
Perry Laspina U.S. Bank National Association Fourth Judicial Circuit Court in and for Duval County, Florida n/a U.S. Bank National Association, acting as a trustee for an unnamed trust, filed suit against Perry Laspina for foreclosure. During the course of litigation, however, based on the low value of the property, the bondholder decided to abandon the case and give Mr. Laspina free title to the property. U.S. Bank Nat'l Ass'n v. Laspina n/a Sept. 08 www.mortgagedaily.com/MctForeclosureFl041111.asp
Marianne Hernandez and Carlos Hernandez J.P. Morgan Chase Bank, N.A., as successor in interest to Washington Mutual Bank District Court of Appeal of Florida, Third District. n/a A Florida couple executed a mortgage note with WAMU in 2005. When the bank began foreclosure proceedings in 2008, the borrowers responded by filing fake documents with the court. The trial judge accepted the documents, granted a motion to vacate, vacated a final judgment, discharged a lis pendens and dismissed WAMU's complaint with prejudice. WAMU appealed the rulings, which have been reversed by the appellate court. J.P. Morgan Chase Bank, N.A. v. Marianne Hernandez, et al. 3D10-1099; (Lower Tribunal No. 08-22253) 04/23/08 www.mortgagedaily.com/LawsuitChaseForeclosure062311.asp
Flagstar Bank, FSB Tatynana Nudel District Court of Appeal of Florida, Fourth District Attorney's fees TBD A Florida court of appeals affirmed the trial court's determination that the borrower was a "prevailing party" under Florida law and was thus entitled to attorney's fees in connection with her defense of Flagstar's foreclosure proceedings. Nudel v. Flagstar Bank, FSB 4D10-3001 06/30/09 www.mortgagedaily.com/LitigationForeclosure052411.asp
HSBC Mortgage Services, Inc. Vasily and Marina Goncharuk District Court of Appeal of Florida, Second District $233,000 A Florida court of appeals reversed the plaintiffs' foreclosure because HSBC had not provided the notice of acceleration. Goncharuk v. HSBC Mortgage Servs., Inc. 2D10-2629 n/a www.mortgagedaily.com/LitigationForeclosure052411.asp
James Kevlik, Catherine Kevlik and Patricia Durgin Deutsche Bank National Trust Co. Supreme Court of New Hampshire n/a The Supreme Court of NH decided that Deutsche Bank had not sufficiently shown proof of its ownership because the the affidavit it submitted was not notarized or signed under oath, making it erroneous for the lower courts to rely on it for evidence of ownership. Deutsche Bank Nat'l Trust Co. v. Kevlik 2010-249 04/28/11 www.mortgagedaily.com/LitigationForeclosure052411.asp
Melissa Lamato Bank of America, NA Superior Court of New Jersey Chancery Division, Bergen County $532,000 A foreclosure filed by BOA was dismissed because the court ruled that BOA did not have possession and control over the note and had illegally sent Wells Fargo a notice of intent to foreclose in violation of the New Jersey Fair Foreclosure Act. Bank of America, NA v. Lamato F-61880-09 04/25/11 www.mortgagedaily.com/LitigationForeclosure052411.asp
MERS, Inc. Marlya Depauw United States District Court for the Eastern District of Michigan $900,000,000 The class action lawsuit alleges that MERS did not qualify as an entity that could foreclose non-judicially under Michigan law and therefore had foreclosed on the plaintiffs illegally. Depauw v. MERS, Inc. 2:11-cv-12032 05/09/11 www.mortgagedaily.com/LitigationForeclosure052411.asp
PHH Mortgage Corporation Linda S. Yeager Court of Appeals of Arkansas, Division IV $175,000 The appellate court reversed the trial court's grant of $175,000 to Yeager. PHH had served two of her mortgages and missed a court hearing in a lawsuit filed by Yeager, resulting in a default judgment. The appellate court reversed and remanded for a rehearing on damages. Yeager v. PHH Mortgage Corp. CA 10-868 04/27/11 www.mortgagedaily.com/LitigationForeclosure052411.asp
R. Scott Scheiman GMAC Mortgage Corporation United States District for the Northern District of California n/a The court denied GMAC's motion for alternative service of process for the defendant because it had not complied with Californian procedural rules. GMAC Mortgage Corp. v. Scheiman C 11-01288 PSG 04/11/11 www.mortgagedaily.com/LitigationForeclosure052411.asp
TBOM Mortgage Holding, LLC Cecilia Brown District Court of Appeal of Florida, Third District n/a A Florida court of appeals reversed the trial court's refusal to enter a perfectly-executed affidavit into evidence. Brown v. TBOM Mortgage Holding, LLC 3D11-220 n/a www.mortgagedaily.com/LitigationForeclosure052411.asp
Warren Nyerges and Maureen Nyerges Bank of America Collier County, Florida $5,773 Bank of America was ordered by a Collier County, Ohio judge to pay $2,534 in attorneys fees to Warren and Maureen Nyerges because it mistakenly foreclosed on their property without actually having a loan against it. Bank of America v. Warren Nyerges, et al. n/a n/a www.mortgagedaily.com/LitigationForeclosures061411.asp
Roman Pino Bank of New York Mellon Florida Supreme Court n/a Homeowner alleges that improper filing/maintance of loan documentation should preclude foreclosure. Pino v. Bank of New York Mellon n/a 04/11/11 www.mortgagedaily.com/mctforeclosureFl041511.asp
Nicolle Bradbury (Defendant) and GMAC Mortgage, LLC d/b/a DiTech LLC.com and Bank of America, NA (Parties in Interest) Federal National Mortgage Association Brighton District Court, State of Maine n/a The Maine Supreme Judicial Court is expected to hear an appeal of a lower court ruling in this landmark case involving GMAC and its foreclosure practices. The lower court found that a GMAC official signed a sworn statement supporting foreclosure on Bradbury's home without reviewing her foreclosure documents first. The appeal involves whether GMAC should be sanctioned for acting in "bad faith." Federal National Mortgage Association v. Bradbury et al. BRI-RE-09-65 n/a www.mortgagedaily.com/MctForeclosureGmacMe062911.asp
Martha Flynn U.S. Bank National Association, N.A.. Columbia County Circuit Court, Oregon $54,000 A Columbia County judge has blocked U.S. Bank from evicting the Defendant whose home it purchased in foreclosure, after finding that the Defendant's original lender sold the mortgage to other parties who failed to record or assign the mortgage. U.S. Bank National Association, N.A. v. Martha Flynn n/a 11/01/11 www.mortgagedaily.com/MctForeclosureOR063011.asp
U.S. Bank, N.A. n/a Florida Appeals Court n/a A Florida appeals court ruled in a case against U.S. Bank, N.A., that mortgage servicers cannot finalize a foreclosure without an original note. n/a n/a n/a www.mortgagedaily.com/MctForeclosuresNc061411.asp
PHH Mortgage Corporation State of Illinois Department of Financial and Professional Regulation Division of Banking Cook County Circuit Court $290,000 The state of Illinois has fined PHH Mortgage $290,000 following an investigation into the corporations mortgage procedures. The corporation is accused of submitting faulty foreclosure documents. In the Matter of PHH Mortgage Corporation 2011-MBR-12 n/a www.mortgagedaily.com/MctPhhFineIL062311.asp
Ally Financial, Bank of America, JPMorgan Chase, Wells Fargo, OneWest Bank and Citibank State of New Jersey Superior Court in Trenton, N.J. n/a Approval of settlement between a lawyer hired by the state and six lenders over allegations they utilized faulty foreclosure affidavits. n/a n/a n/a www.mortgagedaily.com/LitigationForeclosures052411.asp
Ben-Ezra & Katz Chase Home Finance U.S. District Court for the Southern District of Florida $4,000,000 Ruling has Chase putting up $4 million surety bond to get its foreclosure files back from the law firm. n/a n/a n/a www.mortgagedaily.com/LitigationForeclosures052411.asp
owner of Jacksonville, Ore. Home n/a U.S. District na Federal judge in Medford, Ore., blocked seizure of Jacksonville, Ore., property over issues tied to Mortgage Electronic Registration System. n/a n/a n/a www.mortgagedaily.com/MctForeclosuresOR052911.asp
Pablo Rodrigeuz Francis. J. Bevilacqua, III Supreme Judicial Court for Massachusetts n/a The plaintiff asked the court to validate his ownership of property that had been foreclosed upon by US Bank even though US Bank did not have title to the property. Bevilacqua v. Rodriguez SJC-10880 n/a www.mortgagedaily.com/LitigationForeclosures052411.asp
n/a U.S. Bancorp n/a n/a Mortgage Bankers Association files friend-of-the-court brief with Massachusetts Supreme Judicial Court. n/a n/a n/a www.mortgagedaily.com/LitigationForeclosures052411.asp
Gerald Saurman Residential Funding Co, LLC Michigan Court of Appeals n/a The Michigan appellate court held that MERS was not an entity that was qualified to foreclose by advertisement. Residential Funding Co, LLC v. Saurman 290248 n/a www.mortgagedaily.com/LitigationForeclosure052411.asp
Bank of America, N.A., BAC Home Loans Servicing, L.P., Wells Fargo Bank, N.A., Countrywide Home Loans Servicing, L.P., Orlan Associates, PC, Trott & Trott, PC, Federal National Mortgage Association and Federal Home Loan Mortgage Corporation Curtis Hertel, Jr. State of Michigan 30th Circuit Court, Ingham County, Michigan n/a Ingham County Michigan has filed a lawsuit against Fannie Mae and Freddie Mac Enterprises, alleging that the mortgage lenders have avoided paying Michigan's property transfer tax on thousands of homes they own in Michigan. Hertel v. Bank of America N.A., et al. 11-687-CZ 06/22/11 www.mortgagedaily.com/MctLawsuitMichGse062411.asp
Federal National Mortgage Association and Federal Home Loan Mortgage Corporation County of Oakland and Andrew E. Meisner U.S. District Court for the Eastern District of Michigan $12,000,000 Oakland County Michigan has filed a lawsuit against Fannie Mae and Freddie Mac Enterprises alleging that the mortgage lenders have avoided paying Michigan's property transfer tax on thousands of homes they own in Michigan. Oakland, County et al. v. Federal National Mortgage Association et al. 2:2010cv12666 06/202011 www.mortgagedaily.com/MctLawsuitMichGse062411.asp
BNC Mortgage, Inc., MERS, Inc., US Bank, NA, Finance America, LLC, Lehman Brothers Holdings, Inc., Impact One Mortgage Services. Donald E. McCoy, III United States Bankruptcy Court for the District of Oregon n/a McCoy convinced the bankruptcy court that he had been wrongfully foreclosed upon in violation of Oregon non-judicial foreclosure law due to deeds being unrecorded. In re McCoy 10-63814-fra13 03/05/10 www.mortgagedaily.com/MctForeclosuresOR52911.asp
Ron Wilson, Sr., Larhonda Wilson Option One Mortgage Corp. United States Bankruptcy Court for the Eastern District of Louisiana n/a The Wilsons filed a voluntary Chapter 13 bankruptcy, and after missing several payments on their home, Option One Mortgage Corp. filed a request for relief from the bankruptcy stay. The Wilsons claimed they had made the payments; and they did. Lender Processing Services was responsible for the delay and had to admit the same to the court, who sanctioned LPS for this misconduct. In re Wilson 07-11862 09/29/07 www.mortgagedaily.com/LitigationForeclosure052411.asp
Wells Fargo N.A., Wells Fargo Tennessee, Inc. City of Memphis United States District Court for the Western District of Tennessee n/a Court denied Wells' motion to dismiss suit alleging discrimination for mortage practices having adverse impact on african american borrowers. City alleged violations of Fair Housing Act and Tennessee Consumer Protection Act. City of Memphis v. Wells Fargo N.A. et al. 2:2009-cv-2857 12/30/09 www.mortgagedaily.com/mctlawsuitdiscriminationwels050511.asp
Ally Financial Inc., Detroit, Michigan; Ally Bank, Midvale, Utah; Residential Capital, LLC, Minneapolis, Minnesota; and GMAC Mortgage, LLC, Fort Washington, Pennsylvania n/a United States of America Before the Board of Governors of the Federal Reserve System, Washington, D.C.; Federal Deposit Insurance Corporation, Washington, D.C. n/a Ally Financial Inc. consented to the issuance of a Consent Order whereby it agreed to remediate unsound practices relating to mortgage servicing and the initiation and handling of foreclosures. In re: Ally Financial Inc. FRB Docket No. 11-020-B-HC; 11-020-B-DEO; FDIC-11-123b n/a www.mortgagedaily.com/OccConsentOrderAlly041311.asp
Aurora Bank FSB n/a United States of America Before the Office of Thrift Supervision n/a Aurora Bank FSB consented to the issuance of a Consent Order whereby it agreed to remediate unsound practices relating to mortgage servicing and the initiation and handling of foreclosures. In re: Aurora Bank FSB NE-11-16 n/a www.mortgagedaily.com/OccConsentOrderAurora041311.asp
Bank of America, N.A., Charlotte, NC n/a United States of America Department of the Treasury Comptroller of the Currency n/a Bank of America, N.A. consented to the issuance of a Consent Order whereby it agreed to remediate unsound practices relating to mortgage servicing and the initiation and handling of foreclosures. In re: Bank of Am., N.A. AA-EC-11-12 n/a www.mortgagedaily.com/OccConsentOrderBoa041311.asp
JPMorgan Chase Bank, N.A., New York, NY n/a United States of America Department of the Treasury Comptroller of the Currency n/a JPMorgan Chase Bank, N.A. consented to the issuance of a Consent Order whereby it agreed to remediate unsound practices relating to mortgage servicing and the initiation and handling of foreclosures. In re: JPMorgan Chase Bank, N.A. AA-EC-11-15 n/a www.mortgagedaily.com/OccConsentOrderChase041311.asp
HSBC Bank USA, N.A., McLean, Virginia n/a United States of America Department of Treasury Comptroller of the Currency n/a HSBC Bank USA, N.A. consented to the issuance of a Consent Order agreeing to remediate unsound practices relating to mortgage servicing and the initiation and handling of foreclosures. In re: HSBC Bank USA, N.A. AA-EC-11-14 n/a www.mortgagedaily.com/OccConsentOrderHSBC041311.asp
Lender Processing Services, Inc., Jacksonville, Florida; DocX, LLC, Alpharetta, Georgia; and LPS Default Solutions, Inc., Mendota Heights, Minnesota n/a Before the Board of Governors of the Federal Reserve System; Federal Deposit Insurance Corporation; Officer of Comptroller of the Currency; Office of Thrift Supervision n/a Lender Processing Services, Inc. consented to the issuance of a Consent Order agreeing to remediate unsound practices relating to mortgage servicing and the initiation and handling of foreclosures. In re: Lender Processing Services, Inc. FRB Docket Nos. 11-052-B-SC-1; 11-052-B-SC-2; 11-052-B-SC-3; FDIC-11-204b; OCC AA-EC-11-46; OTS DC-11-039 n/a www.mortgagedaily.com/OccConsentOrderLPS041311.asp
MetLife Bank, N.A., Bridgewater, New Jersey n/a United States of America Department of the Treasury Comptroller of the Currency n/a MetLife Bank, N.A. consented to the issuance of a Consent Order whereby it agreed to remediate unsound practices relating to mortgage servicing and the initiation and handling of foreclosures. In re: MetLife Bank, N.A. AA-EC-11-16 n/a www.mortgagedaily.com/OccConsentOrderMetlife041311.asp
PNC Bank, N.A., Wilmington, Delaware n/a United States of America Department of the Treasury Comptroller of the Currency n/a PNC Bank, N.A. consented to the issuance of a Consent Order whereby it agreed to remediate unsound practices relating to mortgage servicing and the initiation and handling of foreclosures. In re: PNC Bank, N.A. AA-EC-11-17 n/a www.mortgagedaily.com/OccConsentOrderPNC041311.asp
Sovereign Bank n/a Office of Thrift Supervision n/a Sovereign Bank consented to the issuance of a Consent Order by the Office of Thrift Supervision requiring the remediation of unsafe and unsound banking practices relating to mortgage servicing and the initiation and handling of foreclosure proceedings. In re: Sovereign Bank NE-11-17 n/a www.mortgagedaily.com/OccConsentOrderSovereign041311.asp
Suntrust Banks, Inc., Atlanta, Georgia; Suntrust Bank, Atlanta, Georgia; and Suntrust Mortgage, Inc., Richmond, Virginia n/a United States of America Before the Board of Governors of the Federal Reserve System n/a Suntrust Banks, Inc. consented to the issuance of a Consent Order whereby it agreed to remediate unsound practices relating to mortgage servicing and the initiation and handling of foreclosures. In re: Suntrust Banks, Inc. 11-021-B-HC; 11-021-B-SM; 11-021-B-DEO n/a www.mortgagedaily.com/OccConsentOrderSuntrust041311.asp
U.S. Bank National Association, Cincinnati, Ohio; and U.S. Bank National Association ND, Fargo, North Dakota n/a United States of America Department of the Treasury Comptroller of the Currency n/a U.S. Bank National Association consented to the issuance of a Consent Order whereby it agreed to remediate unsound practices relating to mortgage servicing and the initiation and handling of foreclosures. In re: U.S. Bank Nat'l Assoc. AA-EC-11-18 n/a www.mortgagedaily.com/OccConsentOrderUSBank041311.asp
Wells Fargo Bank, N.A., Sioux Falls, South Dakota n/a United States of America Department of the Treasury Comptroller of the Currency n/a Wells Fargo Bank, N.A. consented to the issuance of a Consent Order whereby it agreed to remediate unsound practices relating to mortgage servicing and the initiation and handling of foreclosures. In re: Wells Fargo Bank, N.A. AA-EC-11-19 n/a www.mortgagedaily.com/OccConsentOrderWells041311.asp
US Bank Home Mortgage Wisconsin Servicing, US Bank, NA Marilyn Houston United States District Court for the Eastern District of Michigan n/a The plaintiff alleged that US Bank violated state and RESPA by claiming an incorrect arrearage and balance on a note it serviced. The court held that the plaintiff had stated a claim under RESPA but dismissed her other counts, including her FDCPA and HAMP claims. Houston v. US Bank Home MortgageWisconsin Serv. 10-13780 09/22/10 www.mortgagedaily.com/LitigationForeclosure052411.asp
Aquilino Hernandez People of the State of California Superior Court, Ventura County, California n/a Defendant was charged with two counts of foreclosure consultant fraud under California Civ. Code § 2945.4(a) for allegedly operating a foreclosure rescue scheme that targeted distressed Spanish-speaking borrowers through his business, Terra Bella Management. People v. Hernandez n/a 06/21/11 www.mortgagedaily.com/LitigationForeclosureFirms063011.asp
Charles C. Jamison United States United States District Court for the Eastern District of California n/a On May 10, 2011, Jamison was sentenced to 32 months in prison after pleading guilty to bankruptcy fraud charges in February for his part in a scheme where he collected up-front fees to use the bankruptcy process to fraudulently delay foreclosures on residential properties through a program called "Stop Now." United States v. Charles C. Jamison 1:11-CR-028-LKK n/a www.mortgagedaily.com/LitigationForeclosureFirms063011.asp
Edward G. McCusker, Jacqueline McCusker, Jeffrey A. Bennett, Stephen G. Doherty and John Bariana United States United States District Court for the Eastern District of Pennsylvania $14,600,000 Defendants were accused of promising financially distressed homeowners that they would find an investor to help them save their homes, then arranging for a straw purchaser to obtain a fraudulent mortgage and transferring the title of the homeowners' residences to the straw purchaser. The McCusker defendants were convicted on June 21, 2011 of conspiracy to commit mail and wire fraud, conspiracy to commit money laundering, six counts of wire fraud and three counts of mail fraud in the $14.6 million case. Co-defendants Bennet, Doherty and Bariana already pled guilty and are awaiting sentencing. United States v. Edward McCusker et al. 2:09-cr-00771-MAM 12/08/09 www.mortgagedaily.com/LitigationForeclosureFirms063011.asp
Gennaro Rauso United States United States District Court for the Eastern District of Pennsylvania n/a Defendant was convicted and sentenced to 160 months in prison on various counts of fraud. Through his company, D&B Property Investors, Rauso promised to help delinquent borrowers sidestep foreclosures and improve their credit at the same time by transferring title to him and becoming renters. Instead, Rauso kept the rental payments-ultimately leaving the borrowers with foreclosed properties. United States v. Gennaro Rauso n/a n/a www.mortgagedaily.com/LitigationForeclosureFirms063011.asp
Kathleen Harps United States United States District Court for the Eastern District of Virginia n/a Defendant was indicted by a federal grand jury on June 21 on one count of conspiracy to commit mail and wire fraud, three counts of mail fraud and three counts of engaging in unlawful monetary transactions based on allegations that while operating a foreclosure rescue service, Harps convinced distressed borrowers to sell their homes based on promises to let them stay in the houses and buy back the properties after getting their finances in order. Instead, Harps and the buyers she lined up allegedly obtained fraudulent mortgages on the properties, stripped the equity in the loans, and let the loans go into foreclosure. United States v. Kathleen Harps n/a n/a www.mortgagedaily.com/LitigationForeclosureFirms063011.asp
Kevin O'Keefe United States United States District Court for the District of Connecticut n/a A former executive at Bank of America Corp. was sentenced to one day in prison and three years of supervised release after he pled guilty to conspiring with an attorney and a developer to rig the auction of distressed loans. U.S. v. O'Keefe n/a n/a www.mortgagedaily.com/MctSentenceKevinOkeefe041311.asp
George M. Eggleston United States United States District Court for the Eastern District of California $364,899 Defendant was sentenced to 81 months for promising to help distressed borrowers avoid foreclosure by fraudulently representing that his companies, Nexxus and Global Legal Associates, used and managed attorneys to file lawsuits against foreclosing lenders for violations of state and federal laws. United States v. George M. Eggleston 1:10-CR-00248-LJO 06/10/10 www.mortgagedaily.com/LitigationForeclosureFirms063011.asp
Lender Processing Services, Inc., DocX, Fidelity National Financial Inc., and CT Corporation Attorney General of California, Kamala D. Harris, Attorney General of Illinois, Lisa Madigan, and Attorney General of Michigan, Bill Schuette n/a n/a Criminal subpoena issued. Attorneys General in California, Illinois and Michigan have issued subpoenas against LPS. Schuette wants to look at documents used in the firms' foreclosure and bankruptcy document-processing operations as an expansion of an investigation into "allegations of forged mortgage documents" filed with the register of deeds offices in Michigan that began in April. n/a n/a n/a www.mortgagedaily.com/LpsSupoenaes061511.asp
Wells Fargo Bank, N.A., and Wells Fargo Financial Leasing, Inc. Mayor and City Council of Baltimore United States District Court for the District of Maryland Baltimore Division n/a Wells Fargo is accused of discriminatory lending practices including steering black borrowers who qualified for prime loans into subprime mortgages and targeting unqualified borrowers for refinance or home-equity loans that caused them to lose their houses. Mayor and City of Baltimore v. Wells Fargo Bank, N.A. 1:08-cv-00062-JFM 10/21/10 www.mortgagedaily.com/LitigationDiscrimination062111.asp
Wells Fargo Bank, N.A., Wells Fargo Financial Tennessee, Inc., and Wells Fargo Financial Tennessee 1, LLC City of Memphis and Shelby County United States District Court for the Western District of Tennessee Western Division n/a Wells Fargo is accused of discriminatory lending practices that resulted in extraordinarily high rates of foreclosure in minority neighborhoods, which caused the County to lose property tax revenues and to spend additional funds for critical municipal services as foreclosed homes become vacant and deteriorated. City of Memphis et al. v. Wells Fargo Bank, N.A., et al. 2:09-cv-02857-STA-dkv 04/07/10 www.mortgagedaily.com/LitigationDiscrimination062111.asp
Wells Fargo, N.A. Ohio Civil Rights Commission In the Common Pleas Court Cuyahoga County, Ohio n/a In Ohio, Attorney General Michael DeWine filed a lawsuit against Wells on behalf of the Ohio Civil Rights Commission alleging that the lender used reverse redlining to herd black borrowers into more expensive loans. Ohio Civil Rights Commission v. Wells Fargo, N.A., et al. CV11748383 02/19/11 www.mortgagedaily.com/LitigationDiscrimination062111.asp
MERS, Inc., Citimortgage, Inc., Cal-Western Reconveyance David Ekerson United States District Court for the District of Oregon n/a A federal judge granted a homeowner a temporary restraining order preventing foreclosure of his home because of the defendants' failure to properly record deed. Ekerson v. MERS, Inc. 11-CV-178-HU 02/10/11 www.mortgagedaily.com/MctForeclosuresOR52911.asp
Northwest Trustee Services, Inc., Bank of America, N.A., MERS, Inc. Ivan and Katherine Hooker United States District Court for the District of Oregon n/a The defendants' motion to dismiss was denied and the court granted the plaintiff homeowners declaratory relief that the defendants had not properly recorded the chain of title in compliance with the Oregon non-judicial foreclosure laws. Hooker v. Northwest Trustee Servs., Inc. 10-3111-PA 10/07/10 www.mortgagedaily.com/MctForeclosuresOR52911.asp
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