Mortgage Daily

Published On: January 13, 2010
Mortgage Servicing Lawsuits
Second-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
ABN AMRO Mortgage Group, Inc.; Chase Home Finance, LLC; CitiMortgage, Inc.; CitiCorp Home Mortgage Services, Inc.; CountryWide Home Loans, Inc.; Fifth Third Mortgage Company; Florida Capital Bank, N.A.; GMAC Mortgage Corporation; HSBC Mortgage Corporation (USA); Federal Deposit Insurance Corporation, as Receiver for IndyMac Bank, F.S.B.; Moreequity Inc.; National City Mortgage Inc.; First Covenant; Provident Funding Group, Inc.; The Provident Bank; Saxon Mortgage Services, Inc.; Sovereign Bank; Suntrust Mortgage, Inc.; U.S. Bank N.A.; Wachovia Mortgage Corporation; Federal Deposition Insurance Corporation, as Receiver for Washington Mutual Bank; Wells Fargo Home Mortgage, Inc. Douglas Jones; Andrea Jones, individually and on behalf of all other similarly situated United States Court of Appeals for the Third Circuit n/a A federal appellate court has ruled in favor of servicers in a case where an unauthorized sub-servicer collected payments on behalf of mortgage borrowers without completely passing them on to the lender. Jones v. ABN AMRO Mortgage Group, Inc. Aug-53 5/25/10 www.mortgagedaily.com/MctLawsuitSnyder052610.asp
BAC Home Loans Servicing LP; Countrywide Home Loans, Inc. Federal Trade Commission United States District Court for the Central District of California $108,000,000 Settlement of $108 million relates to borrowers whose loans were were hit with illegal and excessive fees and delinquent borrowers were allegedly deceived into paying hundreds of thousands of dollars to Countrywide subsidiaries that performed default services which protected the lender’s interest. Moreover, Countrywide is accused of misstating loan balances and the status of loans that were in Chapter 13 Bankruptcy. FTC v. Countrywide Home Loans, Inc. 2:2010cv04193 n/a www.mortgagedaily.com/SettlementCountrywide060710.asp
Michael J. McGrath Jr. and Leroy Hayden United States of America U.S. District Court -District of New Jersey $136,000,000 A second person, Leroy Hayden, pleaded guilty to one count of wire fraud conspiracy in a case where a lender sold Fannie Mae $136 million in mortgages that it did not own. Hayden allegedly conspired with co-defendant McGrath to fraudulently sell the loans. United States of America v. Hayden, Leroy n/a 13-May-10 www.mortgagedaily.com/USMortgagePlea051410.asp
Wesley A. Snyder na na $29,000,000 Unauthorized sub-servicer collected payments on behalf of mortgage borrowers without completely passing them on to the lender anad now servicng 12-year sentence. In re. Wesley Snyder na na www.mortgagedaily.com/MctLawsuitSnyder052610.asp
Countrywide Home Loans, BAC Home Loans Servicing and Fannie Mae Bradford Corder Kanawha Circuit Court, W.V. na Complaint alleges predatory lending and abusive servicing were responsible for the foreclosure on plaintiff’s home. Corder v. Countrywide et al. Case No. 10-C-698 na www.mortgagedaily.com/LitigationForeclosure061610.asp
GMAC Mortgage Corp. American Residential Equities LLC U.S. District Court for the Southern District of Florida NA Mortgage investor files suit against GMAC alleging mismanagement of assets by mortage servicer American Residential Equities LLC v. GMAC Mortgage Corp. na na www.mortgagedaily.com/LawsuitGmac061510.asp
Countrywide Mortgage Las Vegas couple na $3,400,000 Complaint alleges lender wrongly allowed “trashout” of property. na na na www.mortgagedaily.com/MctForeclosures060710.asp
Deutsche Bank Ricky Rought U.S. District Court in Grand Rapids na Complaint alleges lender wrongly allowed “trashout” of property. na na na www.mortgagedaily.com/MctForeclosures060710.asp
Trott & Trott, Aurora Loan Services, several small companies Martin Powelson Michigan court $180,000 Complaint alleges lender wrongly allowed “trashout” of property. na na na www.mortgagedaily.com/MctForeclosures060710.asp

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