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Fourth-Quarter 2011 Mortgage Litigation Index 244
Based on quarterly litigation reports published by MortgageDaily.com. Reflects mortgage-related cases with activity covered by MortgageDaily.com.



subscribe for instant access to full Q4 2011 report plus all prior data



Types of Cases Tracked

Category
Description
Total Total Cases Tracked (some cases tracked in multiple categories)
Advertising Lawsuits about mortgage advertising, bait and switch ads, deceptive ads and do-not-call violations.
Appraisals Litigation related to real estate appraisals, pressuring appraisers and appraisal fraud.
Bankruptcy- Consumer Legal issues surrounding borrowers who file for bankruptcy, including servicing bankrupt borrowers.
Bankruptcy- Corporate Litigation surrounding companies that file for bankruptcy protection or bankruptcy liquidation
Commercial Mortgage Cases related to commercial mortgage lending.
Commitments Loan commitment litigation.
Compliance Lawsuits and actions tied to violations of mortgage regulations.
Copyright Lawsuits about copyright, trademark and intellectual property issues.
Credit Litigation based on credit reporting and other credit issues.
Criminal Cases involving criminal complaints.
Discrimination Class actions and lawsuits related to lending discrimination involving minorities, neighborhoods and property types.
Down Payment Assistance Cases about the legality of DPA programs and HUD's ability to prohibit them.
Embezzlement Legal actions on mortgage-related embezzlement and accounting fraud.
Employment Employment lawsuits involving overtime, employment discrimination and employment contracts. Whistleblowers and WARN notice violation cases also.
Fees Lawsuits involving excessive fees collected at origination, servicing fees and loan fees that exceed state maximums. Also includes fees to county recorders.
Foreclosures Servicer-related litigation, foreclosure lawsuits and cases against foreclosure rescue services.
HELOC Cases related to home-equity lines-of-credit
Insider Trading Criminal cases about mortgage executives accused of trading securities based on insider information.
Investor Shareholder lawsuits and class actions accusing companies of inflating earnings, overstating capital position or otherwise deceiving investors in the company. Typically involves alleged violations of the Securities and Exchange Act of 1934.
Leads Litigation about mortgage leads.
Licenses Regulator lawsuits and actions against improperly licensed and unlicensed mortgage companies.
MBS Lawsuits related to mortgage-backed securities.
Mergers Lawsuits relating to mergers and acquisitions.
Military Actions involving military borrowers (added to report in Q2 2011).
Modifications Actions tied to loan modifications and modification firms.
Mortgage Fraud Cases involving mortgage fraud, flipping, identity theft and inflated appraisals.
Mortgage Insurance Lawsuits tied to mortgage insurance.
Net Branch Litigation involving net branch operations.
Predatory Lawsuits and regulatory actions against predatory lenders.
Preemption Lawsuits about federal regulatory preemption over state regulation.
Privacy Lawsuits about privacy issues.
Regulatory Legal actions taken by or against regulatory agencies. Excludes regulatory orders.
Reverse Mortgages Litigation tied to home-equity conversion mortgages and reverse mortgage issues, programs and lenders.
Secondary Marketing Cases related to secondary marketing, warehouse lending and repurchases.
Servicing Litigation related to loan servicing, including escrow issues, transfer of servicing and servicing borrowers in bankruptcy and foreclosure.
Suitability Lawsuits about mortgage company liability in determining suitability of loans for borrowers.
Technology Lending technology issues litigated.
Title Litigation tied to property title and title insurance claims.
Whistleblower Actions filed under False Claims Act.
YSP Litigation centered around yield spread premiums and YSP disclosures.
Mortgage Lawsuits News | Mortgage Litigation Index
Mortgage industry lawsuit news and mortgage litigation coverage. Stories about legal settlements, judgments and mortgage class actions.

Mortgage Litigation Webinar
On May 30, Mortgage Daily is hosting the webinar, The Explosion in Residential Mortgage Litigation: What Explains the Recent Trends and Spike in Filings?. Attorneys from Ballard Spahr LLP's mortgage banking group will discuss the record-setting numbers in all areas of residential mortgage litigation.
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