Mortgage Daily

Published On: June 20, 2011
Regulatory Lawsuits
First-Quarter 2011 Mortgage Litigation Index

Lawsuits by or against regulatory agencies.

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Filed Link to StoryLink to Story
Board of Governors of the Federal Reserve System National Association of Independent Housing Professionals, Inc. U.S. District Court for the District of Columbia n/a Complaint sought to prevent the implementation of Reg Z rule, which NAIHP claims restricts compensation to mortgage brokers and loan originators. Case consolidated with NAMB lawsuit. Rule implemented. National Association of Independent Housing Professionals, Inc. v. Board of Governors of Federal Reserve System 1:2011cv00489 3/7/2011 www.mortgagedaily.com/LawsuitNaihp030711.asp; www.mortgagedaily.com/LawsuitNamb033111.asp
Federal Reserve Board National Association of Mortgage Brokers U.S. District Court for the District of Columbia na Complaint filed to stop implementation of LO Rule. Case consolidated with NAIHP lawsuit, rule implemented. na na Mar-11 www.mortgagedaily.com/LawsuitNamb031011.asp
First American Funding Company LLC, Michael Eisanga State of Wisconsin Circuit Court of the State of Wisconsin for Dane County $100 for each violation The state alleges that defendant made hundreds of thousands of telephone calls to borrowers on the state’s no call list and misled some consumers into believing that it was their servicer. Wisconsin v. First Am. Funding Co. 11-CX-06 3/28/2011 www.mortgagedaily.com/MctLawsuitNocalWis032911.asp
Hilda L. Solis, sued in her official capacity, Secretary, United States Department of Labor, Nancy Lippink, sued in her official capacity, Deputy Administrator, United States Department of Labor Wage and Hour Division, and United States Department of Labor. Mortgage Bankers Association United States District Court for the District of Columbia n/a The Mortgage Bankers Association filed a complaint seeking to set aside the Department of Labor’s Wage and Hour Division Administrator’s Interpretation No. 2010-1 from March 24, 2010. The interpretation reverses and withdraws a 2006 opinion letter to the Mortgage Banker’s Association that interpreted the department’s own regulations and concluded that typical loan officers were exempt from Fair Labor Standards Act requirements for overtime payments under the “administrative exemption.” Mortgage Bankers Association v. Solis et al. 1:2011cv00073 1/12/2011 www.mortgagedaily.com/LawsuitMbaVsDol011211.asp
James R. Appleton, Bruce J. Bartells, Carole H. Beswick, Larry F. Jacinto, Ronald J. Jeffrey, William A. Mccalmon, Patrick J. Meyer, Thomas O. Vessey, Stanley C. Weisser, Douglas F. Welebir, John Lang, Clifford N. Schoonover and Does 1-5. FDIC U.S. District Court for the Central District of California, Los Angeles $26,800,000 This lawsuit filed by the FDIC alleges that former executives and directors of 1st Centennial, a failed California bank, blatantly disregarded prudent lending principals on commercial real estate loans, causing the FDIC to have to pay depositors $163 million after 1st Centennial failed in January 2009. FDIC v. James R. Appleton et al. CV11-00476 1/14/2011 www.mortgagedaily.com/MctLawsuitFdic012711.asp
Kerry Killinger, Stephen J. Rotella, David C. Schneider, Linda C. Killinger, Esther T. Rotella FDIC United States District Court for the Western District of Washington n/a FDIC alleges that Killinger put Washington Mutual Bank’s viability at risk in order to line his pockets with nearly $100 million in compensation. The FDIC sued defendants for negligence, gross negligence, and breaches of fiduciary duty. FDIC v. Killinger, et al. 2:2011cv00459 3/16/2011 www.mortgagedaily.com/LawsuitsInvestors033011.asp, www.mortgagedaily.com/MctLawsuitFdicWamu031811.asp
Suzanne North BAC Home Loan Servicing, LP, Bank of America Corporation, PRLAP Inc. and ReconTrust Company Fifth Judicial District, Nevada, Nye County, removed to U.S. District Court, for the District of Nevada, Los Vegas n/a ReconTrust, a Bank of America subsidiary, was ordered to stop non-judicial foreclosures on January 20, 2011, until a hearing on February 28, 2011, because the subsidiary is not properly licensed in the state. The lawsuit was removed by defendants to federal court in Las Vegas. The district court judge dissolved the temporary restraining order and injunction on January 20, 2011. North v. Bank of America Corp. et al. CV31506 1/11/2011 www.mortgagedaily.com/MctForeclosureBoa012611.asp, www.mortgagedaily.com/MctForeclosureBoa012611.asp

 

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