Mortgage Daily

Published On: March 1, 2013

Regulatory Lawsuits

Fourth-Quarter 2012 Mortgage Litigation Index

 

Lawsuits by or against regulatory agencies.

 

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Filed Date of Activity Link to Story
FEDERAL HOUSING FINANCE AGENCY; EDWARD DEMARCO, in his capacity as Acting Director of Federal Housing Finance Agency, Defendants-Appellants, and FEDERAL HOME LOAN MORTGAGE CORPORATION; FEDERAL NATIONAL MORTGAGE ASSOCIATION, Defendants COUNTY OF SONOMA; PEOPLE OF THE STATE OF CALIFORNIA, ex rel. KAMALA D. HARRIS, Attorney General; SIERRA CLUB; CITY OF PALM DESERT, Plaintiffs-Appellees, COUNTY OF PLACER, Intervenor-Plaintiff-Appellee U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT, U.S. District Court for the Northern District of California na Lower court ruling against FHFA appealed. COUNTY OF SONOMA; PEOPLE OF THE STATE OF CALIFORNIA, ex rel. KAMALA D. HARRIS, Attorney General; SIERRA CLUB; CITY OF PALM DESERT, Plaintiffs-Appellees, COUNTY OF PLACER, Intervenor-Plaintiff-Appellee, v. FEDERAL HOUSING FINANCE AGENCY; EDWARD DEMARCO, in his capacity as Acting Director of Federal Housing Finance Agency, Defendants-Appellants, and FEDERAL HOME LOAN MORTGAGE CORPORATION; FEDERAL NATIONAL MORTGAGE ASSOCIATION, Defendants 12-16986, D.C. Nos. 4:10-cv-03270-CW, 4:10-cv-03084-CW, 4:10-cv-03317-CW, 4:10-cv-04482-CW na 12/22/2012 www.mortgagedaily.com/LawsuitFhfa031913.asp
National Credit Union Administration Board, in its capacity as conservator of Keys Federal Credit Union, Defendant-Appellee Power Financial Credit Union, Plaintiff-Appellant United States Court of Appeals, Eleventh Circuit na Trial court’s decision to grant  summary judgment in favor of defenndant affirmed. Power Financial Credit Union v. National Credit Union Administration Board 11-14665 na 11/6/2012 www.mortgagedaily.com/SecondaryMarketingLawsuits4q2012.asp
FEDERAL DEPOSIT INSURANCE CORPORATION, in its capacity as the Receiver for COLONIAL BANK, and in its capacity as the Receiver for PLATINUM COMMUNITY BANK, Defendant and Counterclaim Plaintiff. BANK OF AMERICA, N. A., As Indenture Trustee, Custodian, and Collateral Agent for OCALA FUNDING, LLC, Plaintiff and Counterclaim Defendant United States District Court for the District of Columbia $1,700,000,000 Both parties moved to dismiss. Court granted and denied both motions in part. BANK OF AMERICA, N. A., As Indenture Trustee, Custodian, and Collateral Agent for OCALA FUNDING, LLC, Plaintiff and Counterclaim Defendant,  v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its capacity as the Receiver for COLONIAL BANK, and in its capacity as the Receiver for PLATINUM COMMUNITY BANK, Defendant and Counterclaim Plaintiff. 10-CV-1681 (BJR) na 12/10/2012 www.mortgagedaily.com/BankruptcyCorporateLawsuits4q2012.asp
Gilbert G. Lundstrom, James A. Laphen and Trevor A. Lundstrom Securities and Exchange Commission U.S. District Court for the District of Nebraska na Charges filed. Securities and Exchange Commission v. Gilbert G. Lundstrom, James A. Laphen and Trevor A. Lundstrom 12-cv-00343 na November www.mortgagedaily.com/LitigationInvestor112012.asp
Gregory William Bell United States of America U.S. District Court for the District of Colorado $20,808,025 Defendant charged and arrested. na na Dec. 2012 Dec. 2012 www.mortgagedaily.com/CriminalActions4q2012.asp
Matthew L. Morris, Wilbur Anthony Huff United States of America U.S. District Court for the Southern District of New York $2,300,000 Former executives of Park Avenue Bank indicted. na na October October www.mortgagedaily.com/LitigationCriminalInvestors112012.asp
Bank of America United States of America na na Complaint filed in case invovling Fannie Mae and Freddie Mac loans. na na na October www.mortgagedaily.com/MctSettlementsSec111812.asp
Credit Suisse Securities and Exchange Commission na $120,000,000 Settlement reached. In the Matter of Credit Suisse Securities (USA) LLC; DLJ Mortgage Capital, Inc.; Credit Suisse First Boston Mortgage Acceptance Corp.; Credit Suisse First Boston Mortgage Securities Corp.; and Asset Backed Securities Corporation Respondents Administrative Proceeding File No. 3-15098 11/16/2012 11/16/2012 www.mortgagedaily.com/MctSettlementsSec111812.asp, www.mortgagedaily.com/LitigationMbsRegulatory011313.asp
J.P. MORGAN SECURITIES LLC, EMC MORTGAGE, LLC, BEAR STEARNS ASSET BACKED SECURITIES I, LLC, STRUCTURED ASSET MORTGAGE INVESTMENTS II, INC., SACO I, INC., AND J.P. MORGAN ACCEPTANCE CORPORATION I Securities and Exchange Commission U.S. District Court for the District of Columbia $296,900,000 Settlement reached. UNITED STATES SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. J.P. MORGAN SECURITIES LLC, EMC MORTGAGE, LLC, BEAR STEARNS ASSET BACKED SECURITIES I, LLC, STRUCTURED ASSET MORTGAGE INVESTMENTS II, INC., SACO I, INC., AND J.P. MORGAN ACCEPTANCE CORPORATION I, Defendants na na 11/16/2012 www.mortgagedaily.com/LitigationMbsRegulatory011313.asp, www.mortgagedaily.com/MctSettlementsSec111812.asp
Anthony J. Nocella, J. Russell McCann Securities and Exchange Commission U.S. District Court for the Southern District of Texas na Management order filed in case against former Franklin Bank Corp. executives. Securities and Exchange Commission, Plaintiff, v. Anthony J. Nocella, and J. Russell McCann, Defendants 4:12-cv-01051 4/5/2012 November www.mortgagedaily.com/LitigationInvestor112012.asp
Michael W. Perry Federal Deposit Insurance Corp. U.S. District Court for the Central District of California $12,000,000 Former IndyMac CEO settles case for $1 million plus corporate liability insurance claims. FDIC as Receiver of IndyMac Bank, F.S.B. v. Perry, et al 2:10-cv-04915-DSF-SH 7/6/2010 12/14/2012 www.mortgagedaily.com/MctSettlementIndymac121612.asp
Scott Van Dellen, Richard Koon, Kenneth Shellem and William Rothman Federal Deposit Insurance Corp. U.S. District Court for the Central District of California $169,000,000 Verdict against former IndyMac executives. Federal Deposit Insurance Corp., as Receiver for IndyMac Bank, F.S.B., Plaintiff, v. Scott Van Dellen, Richard Koon, Kenneth Shellem and William Rothman, Defendants 10-04915-RSWL 7/2/2010 12/7/2012 www.mortgagedaily.com/MctLawsuitFdicIndymac120812.asp
Stephen L. Howell, Security Financial Services, Inc., Security Financial Fund, LLC and Security Investors Fund, LLC Idaho Department of Finance First District Court in Benewah County $24,000,000 Complaint filed. na na 12/26/2012 12/26/2012 www.mortgagedaily.com/InvestorLawsuits4q2012.asp
Mortgage Guaranty Insurance Corp. Freddie Mac, Federal Housing Finance Agency U.S. District Court for the Eastern District of Wisconsin $268,000,000 Settlement reached. na na 5/8/2012 December www.mortgagedaily.com/LitigationMI012313.asp

 

 

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