Mortgage Daily

Published On: March 21, 2011
Mortgage Servicing Lawsuits
Fourth-Quarter 2010 Mortgage Litigation Index
 

Litigation related to loan servicing, including escrow issues, transfer of servicing and servicing borrowers in bankruptcy and foreclosure.

 

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Filed Link to Story
Bank of America Beals U.S. District Court for the District of New Jersey n/a A homeowner sued BoA in an attempt to stop foreclosure. Beals v. Bank of America, N.A. No. 10-CV-05427 10/19/2010 www.mortgagedaily.com/LitigationForeclosures121210.asp
Bank of America Dwayne and Melisa Davis U.S. District Court for the Southern District of Indiana n/a Class action certification sought in case alleging faulty affidavits. Davis v. Bank of America n/a 10/19/2010 www.mortgagedaily.com/MctLawsuitInFc102110.asp
Bank of America Michael D. Carlson n/a n/a Plaintiff requesting that 2008 foreclosure undone. n/a n/a n/a www.mortgagedaily.com/MctForeclosuresGses113010.asp
Bank of America Corp., BAC Home Loans Servicing, LP, Recon Trust Co. Nevada Attorney General’s office Superior Court of Nevada, Clark County n/a States are suing BoA for failing to help homeowners rewrite their loans as promised before foreclosing on them. Nevada v. Banc of America Corp. No. 10-631557 12/17/2010 www.mortgagedaily.com/MctForeclosureProbe122810.asp, www.mortgagedaily.com/LawsuitBoaNv121710.asp
Brandon Middleton, Stephanie Middleton Simmons First National Bank Court of Appeals of Arkansas n/a Motion by lender to set aside foreclosure sale denied. Simmons First Nat’l Bank v. Middleton n/a 10/29/2010 www.mortgagedaily.com/LitigationForeclosures121210.asp
Castle Point Mortgage Stephen and Susan Yowell n/a $450,000 Plaintiffs allege that the defendants violated the Truth in Lending Act when they foreclosed on their home. Yowell v. Castle Point Mortgage n/a n/a www.mortgagedaily.com/LitigationForeclosures121210.asp
Citigroup, Inc. Brian Costigan United States District Court for the Southern District of New York n/a Costigan alleges that Citigroup improperly was attempting to foreclose. Costigan v. Citigroup Inc. No. 1:2010cv08776 11/19/2010 www.mortgagedaily.com/LitigationForeclosures121210.asp
Countrywide Financial Corporation, Countrywide Home Loans, Inc., Full Spectrum Lending, Inc., Bank of America Corporation, Bank of America, N.A., BAC Home Loans Servicing LP, Recontrust Company, N.A., Black Corporations 1-10. State of Arizona ex rel. Terry Goddard, Attorney General Superior Court of the State of Arizona for the County of Maricopa n/a Suit regarding loss mitigation. Arizona v. Countrywide Fin. Corp. No. CV2010-033580 12/17/2010 www.mortgagedaily.com/LawsuitBoaAz121710.asp
Countrywide Home Loans Dwayne and Melisa Davis U.S. District Court for the Southern District of Indiana n/a Plaintiffs filed suit seeking class-action status based on perjured, “robo-signed” affidavits which led to the foreclosure of their home by Bank of America. Davis v. Countrywide Home Loans, Inc. No. 10-01303 10/19/2010 www.mortgagedaily.com/LitigationForeclosures121210.asp, www.mortgagedaily.com/MctLawsuitInFc102110.asp
Creston King, Amy King CitiMortgage Inc. n/a $106,421 Judge rules that Fannie Mae, current owner of REO, to go through mitigation. n/a n/a n/a www.mortgagedaily.com/MctForeclosureFannie120810.asp
Donna Shebetich United States of America U.S. District Court $1,000,000 Indictment of Metropolitan Savings Bank VP who allegedly underreported delinquency. n/a n/a 10/5/2010 www.mortgagedaily.com/MctMetropolitan100610.asp
GMAC Mortgage LLC Class Action U.S. District Court-Dist. of Maine Injunction Mortgage customers sought an injunction prohibiting GMAC from continuing foreclosure sales. Archibald et al. v. GMAC Mortgage LLC 2:2010cv00458 11/4/2010 www.mortgagedaily.com/mctforeclosuresgmac112610.asp, www.mortgagedaily.com/MctForeclosureGmacme121310.asp
www.mortgagedaily.com/MctForeclosuresGmac110910.asp
GMAC Mortgage LLC Maine Attorney General Janet Mills n/a n/a Agreement reached to stop foreclosures. Archibald et al. v. GMAC Mortgage LLC 2:2010cv00458 11/4/2010 www.mortgagedaily.com/mctforeclosuresgmac112610.asp
GMAC Mortgage, LLC; Ally Financial Inc. State of Ohio; Richard Cordray Court of Common Pleas, Lucas County, Ohio n/a Defendants accused of using fraudulent affidavits and documents in judicial foreclosure proceedings. Ohio v. GMAC Mortgage, LLC CI0201006984 10/6/2010 www.mortgagedaily.com/LawsuitOhVsGmac100610.asp, www.mortgagedaily.com/LawsuitGmacOhio100610.asp
HSBC Finance Stanley Williams n/a $400,000 Lawsuit filed alleging improperly filed documents. n/a n/a n/a www.mortgagedaily.com/MctLawsuitForeclosure121310.asp
JP Morgan Chase Bank Flint United States District Court for the Eastern District of Michigan n/a Suit regarding a foreclosure. Flint v. JP Morgan Chase Bank No. 10-12532 11/18/2010 www.mortgagedaily.com/LitigationForeclosures121210.asp
Judge Arthur N. Votolato Ocwen Loan Servicing LLC & PHH Mortgage Corp. U.S. Bankruptcy Court; District of Rhode Island n/a Mortgage servicers are challenging a loss-mitigation program for lenders and debtors at risk of foreclosure, instituted by the Bankruptcy Court. In re: Alberto Sosa n/a n/a www.mortgagedaily.com/mctforeclosureri112910.asp
Judge Arthur N. Votolato Ocwen Loan Servicing LLC & PHH Mortgage Corp. U.S. Bankruptcy Court; District of Rhode Island n/a Mortgage servicers are challenging a loss-mitigation program for lenders and debtors at risk of foreclosure, instituted by the Bankruptcy Court. In re: Lawton n/a n/a www.mortgagedaily.com/mctforeclosureri112910.asp
LaSalle Bank, N.A. Washington L. Sanchez District Court of Appeal of Florida, Third District n/a LaSalle Bank is defending its attempt to foreclose on a Florida home. Sanchez v. LaSalle Bank, N.A. No. 3D09-2095 11/22/2010 www.mortgagedaily.com/LitigationForeclosures121210.asp
Mortgage Electronic Registration Systems Inc. and Merscorp; GMAC Mortgage LLC; Residential Accredit Loans, Inc.; Residential Funding Company, LLC; Duetsche bank National Trust Company; Nationstar Mortgage; Aurora Loan Services; BAC Loan Services; CitiMortgage; US Bank; LSR Processing; DOCX; Lender Processing Services; Lerner Sampson & Rothfuss; Manley Deas Kochalski PLLC; Dinsmore & Shol, LLP; Reisenfeld & Associates, LPA; and Middleton & Reutlinger Elizabeth Foster; John Foster; Connie Wells; Royce Wells; Augusta Mason; Brian Mason; Sherill Moody; Mark Moody; Charlotte A. Woodward U.S. District Court for the Western District of Kentucky Louisville Division n/a Defendants accused of falsifying documents in foreclosure proceedings. Foster et al v. Mortgage Electronic Registration Systems, Inc. et al 3:2010cv00611 9/28/2010 www.mortgagedaily.com/MctLps100610.asp
Premier Mortgage Services of Washington Inc. Christa L. Albice, Bart A. Tecca, Karen L. Tecca Court of Appeals of Washington, Division Two $115,500 Appellate court set aside foreclosure. Christa L. Albice, a married woman, and Bart A. Tecca and Karen L. Tecca, husband and wife v. Premier Mortgage Services Of Washington, Inc. et al No. 39265-8-II 9/28/2010 www.mortgagedaily.com/LitigationForeclosures121210.asp
Paul Bialobrzeski Deutsche Bank National Trust Company Appellate Court of Connecticut n/a State appellate court reversed a trial court’s decision to throw out a borrower’s defenses to the foreclosure of his house. Deutsche Bank Nat’l Trust Co. v. Bialobrzeki No. AC 29884 11/21/2010 www.mortgagedaily.com/LitigationForeclosures121210.asp
U.S. Bank, N.A. Guiseppe Servedio District Court of Appeal of the State of Florida, Fourth District n/a Florida court rules that mortgage servicers cannot finalize a foreclosure without an original note. Servedio v. U.S. Bank, N.A. No. 4D10-1898 10/27/2010 www.mortgagedaily.com/MctForeclosuresFl102810.asp
Vascik Mortgage Electronic Registration Systems, Inc. Court of Appeals of Ohio, Sixth District n/a Appeals court reversed a judgment of the Lucas County Court of C. in a foreclosure. Mortgage Elec. Registration Sys., Inc. v. Vascik No. L-09-1129 10/30/2010 www.mortgagedaily.com/LitigationForeclosures121210.asp
Wells Fargo Arizona, Colorado, Florida, Illinois, Kansas, Nevada, New Jersey, Texas, and Washington n/a 2,000,000,000 Wells Fargo entered into “assurance agreements” with the states in order to continue its loan modification program. n/a n/a n/a www.mortgagedaily.com/SettlementWells122010.asp
Wells Fargo & Co.; Wells Fargo Home Mortgage; and Wells Fargo Bank, N.A., doing business as America’s Servicing Co., Defendants. Keith and Ying Forster, Sonya Foster, Gregory McNutt, Wendy Scribner, Michelle Wilkinson, Dana Moody, Florin Moldovan, John Jones and Martine Sonnon-Jones, Ralph and Nancy Iannuzzi, Bryan Weisz, Alma Quezada, and Todd and Lisa Phillips, Individually and on behalf of all others similarly situated U.S. District Court for the Northern District of California $5,000,000 Wells Fargo accused of inducing borrowers to default as the servicer attempted to collect substantial late charges. Forster, et. al v. Wells Fargo & Co., et. al 3:2010cv05321 11/23/2010 www.mortgagedaily.com/LawsuitWells112410.asp

 

 

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