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Foreclosure Lawsuits – Third Quarter 2009 Third Quarter 2009 Mortgage Litigation Report

Mortgage Daily

Published On: November 16, 2009
Foreclosure Lawsuits
Third Quarter 2009 Mortgage Litigation Report
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
Abex Mortgage Services Shirley Jobe San Bernardino Superior Court na Borrower alleged various predatory lending practices, including churning of loans for the sole purpose of generating fees. Jobe v. Apex Mortgage Services Case No: CIVDS900081 1/7/2009 oldwww.mortgagedaily.com/ForeclosureLitigation090409.asp
Wells Fargo Bank, N.A., Real Time Resolutions, Inc., Wells Fargo Bank West, N.A. Mountaga Bah United States District Court for the District of Southern Maryland na Borrower alleges lender failed to supply copy of the loan application in violation of the Truth in Lending Act, alleges lender did not attempt to qualify borrower for the loan received. Bah v. Wells Fargo Bank, NA et al. 8:2008cv03429 Dec. 19, 2008 oldwww.mortgagedaily.com/ForeclosureLitigation090409.asp
Wells Fargo Home Mortgage Servicing Bobbi Giguere U.S. Bankruptcy Court na Wells Fargo executive ordered to appear before borrower. na na na oldwww.mortgagedaily.com/ForeclosureLitigation090409.asp
Foreclosure Solutions, LLC, and Timothy A. Buckley Federal Trade Commission United States District Court for the Northern District of Ohio, Eastern District n/a The FTC reported a Stipulated Final Judgment against defendants who were accused of falsely claming years of experience in loan modifications, falsely touting high success rates and violation the FTC’s Do Not Call Rule by calling borrowers on the National Do Not Call Registry. Federal Trade Commission v. Foreclosure Solutions, LLC et al. No. 1:08-cv-01075 4/28/2008 oldwww.mortgagedaily.com/LawsuitsForeclosure071509.asp
Loss Mitigation Services, Inc., Synergy Financial Management Corporation, also d/b/a Direct Lender and DirectLender.com, Dean Shafer, Bernadette Carr-Perry, and Marion Anthony (a.k.a. “Tony”) Perry Federal Trade Commission United States District Court Central District of California n/a The FTC asked the court for consumer redress and a permanent ban on deceptive practices alleging defendants charged up to $5,500 in advance, misrepresented its relationship with servicers and falsely promised to obtain a modification. Federal Trade Commission v. Loss Mitigation Services Inc. et al. No. 09-CV-800 7/13/2009 oldwww.mortgagedaily.com/LawsuitsForeclosure071509.asp
LucusLawCenter “Incorporated”, a corporation, also d/b/a Lucas Law Center, Future Financial Services, LLC, a limited liability company, also d/b/a Lucas Law Center, Paul Jeffrey Lucas, an individual, Christopher Francis Betts, an individual, and Frank Sullivan, an individual Federal Trade Commission United States District Court Central District of California Southern Division n/a The FTC asked the court for consumer redress and a permanent ban on deceptive practices alleging defendants charged advanced fees up to $3,995 and told borrowers to stop making their payments to demonstrate consumers’ hardship to the lender in order to obtain a home loan modification. In numerous instances, defendants failed to obtain mortgage loan modifications. Defendants have also failed to give promised refunds to consumers when they could not in fact obtain home loan modifications. Federal Trade Commission v. Lucaslawcenter “Incorporated” a corporation et al. No. 09-CV-770 7/7/2009 oldwww.mortgagedaily.com/LawsuitsForeclosure071509.asp
US Foreclosure Relief Corp., a corporation, also, d/b/a U.S. Foreclosure Relief, Inc., Lighthouse Services, and California Foreclosure Specialists, George Escalante, individually and as an officer of US Foreclosure Relief Corp., Cesar Lopez, individually and doing business as H.E. Service Company, and Adrian Pomery, Esq., individually and also trading and doing business as Pomery & Associates Federal Trade Commission, The People of the State of California, and the State of Missouri United States District Court Central District of California n/a The FTC asked the court for consumer redress and a permanent ban on deceptive practices alleging defendants falsely claimed they could obtain home loan modifications, falsely claiming years of experience and success in obtaining modificiations, and violating the telemarketing sales rule and the National Do Not Call Registry. Federal Trade Commission et al. v. US Foreclosure Relief No. 09-CV-768 7/7/2009 oldwww.mortgagedaily.com/LawsuitsForeclosure071509.asp
Apply2Save, Inc. a corporation, Sleeping Giant Media Works, Inc., a corporation, and Derek R. Oberholtzer, individually and as an officer of Apply2Save, Inc., and Sleeping Giant Media Works, Inc. Federal Trade Commission United States District Court for the District of Idaho n/a The FTC asked the court for consumer redress and a permanent ban on deceptive practices alleging defendants promised loan modifications in 30 to 90 days for advanced fees up to $995, however, defendants failed to obtain those modifications and for most consumers, were unable to stop foreclosure. Federal Trade Commission v. Apply2Save, Inc. et al. FTC File No. 092 3117 July 14, 1009 oldwww.mortgagedaily.com/LawsuitsForeclosure071509.asp
United Home Savers, LLP, Stephanie Dietschy, Darin Dietschy Federal Trade Commission United States District Court for the Middle District of Florida na Defendants allegedly charged up-front fees for loan modification services and workouts that are either subsequently not performed or are ineffective despite UHS assurances to consumers that they would avoid foreclsoure. Federal Trade Commission v. United Home Savers, LLP 8:08-cv-01735-vcm-tbm Sept. 8, 2009 oldwww.mortgagedaily.com/ForeclosureLitigation090409.asp
Ocwen Loan Servicing, Brown & Shapiro Christina Melinder Galveston County 56th District Court, Texas na Borrower alleges loan servicer failed to properly apply payments to her account and charged unnecessary fees and interest as a result. na Case No. 09CV1306 7/27/2009 oldwww.mortgagedaily.com/ForeclosureLitigation090409.asp

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