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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
Third-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
Evie Kontos American Home Mortgage Servicing, Inc. District Court of Appeal of Florida, First District n/a Final summary judgment in favor of plaintiff vacated by the District Court of Appeal of Florida, First District because the record contains no evidence of any assignment or comparable transaction. Kontos v. American Home Mortgage Servicing, Inc. 1D09-2803 8/10/10 http://www.mortgagedaily.com/litigationforeclosure092210.asp
Jeanetta Brunson Bank of New York Court of Appeals of Ohio, 9th District n/a Bank of New York failed to file a brief in response to a merit brief on an appeal of a foreclosure--decision was reversed and remanded. Bank of New York v. Brunson 25118 n/a http://www.mortgagedaily.com/litigationforeclosure092210.asp
Mark R. Watkins Citimortgage, Inc. Court of Appeals of Iowa $30,001 Citi is seeking to reverse a lien release and judgment satisfaction and to have a local sheriff's foreclosure sale set aside after its bid was misread and the foreclosed property was sold for less than its intended bid. Citimortgage, Inc. v. Watkins 0-295/09-1788 6/30/10 http://www.mortgagedaily.com/litigationforeclosure092210.asp
Jon E. Saunders, Belinda L. Saunders Deutsche Bank National Trust Co. Supreme Court of Maine n/a Supreme Court vacated a summary judgment in favor of Deutsche Bank where Deutsche was substituted as a party while motion for summary judgment was pending. Mortgage Electronic Registration Systems Inc. v. Saunders Cum-09-605.2010 ME 79 n/a http://www.mortgagedaily.com/litigationforeclosure092210.asp
Carole H. Veneret Foreclosure Advisors, LLC District Court of Appeal of Florida, Third District n/a Denial of motion for satisfaction of judgment was reversed, with court noting that there was a proper exercise of the right of redemption. But trial court's decision to enter final judgment and order denying Verneret's motion to dismiss were affirmed. Verneret v. Foreclosure Advisors, LLC 3D09-387 n/a http://www.mortgagedaily.com/litigationforeclosure092210.asp
Glazy Ruscalleda HSBC Bank District Court of Appeal of Florida, Third District n/a Court of Appeal reversed a final summary judgment in favor of HSBC where both HSBC and American Home Mortgage Servicing Inc. simultaneously attempted to foreclose on the same mortgage. Ruscalleda v. HSBC Bank USA 3D09-997 9/15/10 http://www.mortgagedaily.com/litigationforeclosure092210.asp
Wells Fargo & First American Real Estate Information Services Inc. Jillian Winterberg Florida State Court (Indian River County) n/a Wells Fargo is alleged to have changed the locks on a home a month before it initiated a foreclosure action. n/a n/a n/a http://www.mortgagedaily.com/litigationforeclosure092210.asp
Tarry Gullett National City Bank Court of Appeals of Ohio, 10th District n/a Foreclosed homeowner was able to appeal summary judgment in favor of National City where clause in deed afforded him first right of refusal. National City Bank v. Welch 09AP-1203 n/a http://www.mortgagedaily.com/litigationforeclosure092210.asp
Bogdan Bjeljac U.S. Bank District Court of Appeal of Florida, Fifth District n/a U.S. Bank sought to vacate a certificate of sale and set the sale aside after it failed to send a representative to a public sale of a Florida property that it had obtained a final judgment foreclosure on, and the property was sold to a third party. U.S. Bank National Association v. Bogdan Bjeljac, et al. 5D09-2809 Opinion filed 9/30/2010 http://www.mortgagedaily.com/litigationforeclosure092210.asp
John W. Richards, Patricia Richards U.S. Bank Court of Appeals of Ohio, 9th District n/a Court of Appeals reversed a lower court foreclosure judgment where U.S. Bank initially failed to submit a copy of the note--appellate court found that the trial court never ruled on Richard's motion for a more definite statement. U.S. Bank N.A. v. Richards 25052 8/25/10 http://www.mortgagedaily.com/litigationforeclosure092210.asp
Litton Loan Servicing, L.P. Camille Gburek U.S. Court of Appeals for the 7th Circuit n/a The Seventh Circuit Court of Appeals reversed a district court’s decision to dismiss a suit, finding that in order to be covered by the Fair Debt Collection Practices Act, a communication made “in connection with the collection of any debt” need not expli Gburek v. Litton Loan Servicing, L.P. No. 08-3776 7/27/10 http://www.mortgagedaily.com/litigationforeclosure092210.asp, http://www.mortgagedaily.com/LitigationModifications092810.asp
The Guardian Group LLC Arizona Attorney General Terry Goddard Maricopa County Superior Court n/a Complaint filed. Allegation of deceptive claims. Figuera et al. v. Stern o:10-cv-61296 n/a http://www.mortgagedaily.com/LitigationForeclosureFirms092210.asp
David J. Stern Ignacio Figuera et al. U.S. District for the Southern District of Florida n/a Alleged RICO violation by defendants who generated fraudulent mortgage assignments when pursuing foreclosures. Figuera et al. v. Stern o:10-cv-61296 n/a http://www.mortgagedaily.com/LitigationForeclosureFirms092210.asp
Foreclosure Relief Services National of Indianapolis Indiana Attorney General Gregory Zoeller n/a n/a Complaint filed alleging foreclosure prevention company violated new state law requiring $25,000 bond to be posted with the attorney general in order to do business in the state. n/a n/a 8/6/10 http://www.mortgagedaily.com/MctLawsuitInFc080810.asp
group of eight interrelated companies and individuals in Florida Indiana Attorney General Gregory Zoeller n/a n/a Complaint filed alleging foreclosure prevention company violated new state law requiring $25,000 bond to be posted with the attorney general in order to do business in the state. n/a n/a 8/6/10 http://www.mortgagedaily.com/MctLawsuitInFc080810.asp
Home Loan Modification of San Diego Indiana Attorney General Gregory Zoeller n/a n/a Complaint filed alleging foreclosure prevention company violated new state law requiring $25,000 bond to be posted with the attorney general in order to do business in the state. n/a n/a 8/6/10 http://www.mortgagedaily.com/MctLawsuitInFc080810.asp
Luddy Brito Garcia, Mortgage Electronic Registration Systems, Inc. IndyMac Bank F.S.B. Suffolk County Supreme Court n/a Plaintiff lender was unable to foreclose on a mortgage due to failure to prove mortgage note ownership. IndyMac Bank F.S.B. v. Garcia 2010 NY Slip Op 51127u 6/22/10 http://www.mortgagedaily.com/PbForeclosureNy072810.asp
GMAC Mortgage LLC Steven Archibald, et al. Superior Court of Maine, Cumberland n/a Plaintiff homeowners have sued GMAC for action in connection with the "robo-signing" of certifications and affidavits supporting summary judgment motions in foreclosure actions. Archibald v. GMAC Mortgage, LLC n/a 10/1/10 http://www.mortgagedaily.com/MctGmacForeclosure092310.asp
United First, Inc.; MW Roth, PLC; Paul Noe; Mitchell Roth People of the State of California Superior Court of the State of California, County of Los Angeles $1,100,000 Judgment obtained in case where attorney accused of filing frivolous and phony lawsuits. People v. United First, Inc. BC 417194 8/12/10 http://www.mortgagedaily.com/subscribe/login.asp?msg=Please%20Login
Norton Helton United States of America U.S. District Court for the North District of Illinois Eastern Division n/a Attorney found guilty of taking money from distressed borrowers in a foreclosure scam. United States of America v. Norton Helton & Charles White No. 06 CR 763 7/13/10 http://www.mortgagedaily.com/LitigationForeclosureFirms092210.asp
John Gilbert Mendoza People of the State of Hawaii U.S. District Court for the District of Hawaii $883,389 Defendant was sentenced to six years in prison in connection with a mortgage fraud scheme involving two properties in Hawaii. n/a n/a 7/30/10 http://www.mortgagedaily.com/LitigationForeclosureFirms092210.asp
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