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Mortgage Lawsuits News | Mortgage Litigation Index
Mortgage industry lawsuit news and mortgage litigation coverage. Stories about legal settlements, judgments and mortgage class actions.

Title Lawsuits
First-Quarter 2011 Mortgage Litigation Index

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Litigation tied to property title and title insurance claims.

Case Title
Case Number
Date Filed Link to Story
BAC Home Loans Servicing, LP and Federal National Mortgage Association Patricia Garcia United States District Court for the Southern District of Texas n/a Plaintiff alleges that the defendants wrongfully foreclosed on her homestead before evaluating her HAMP eligibility. Garcia v. BAC Home Loan Servicing, LP et al. 6:2011cv00013 3/18/2011
First Security Bank of Clarksville Chase Manhattan Mortgage Corp. Court of Appeals of Arkansas, Division II n/a Two competing mortgage holders fought over whether to pursue foreclosure. The appellate court reversed the trial court's award of attorney's fees against Chase, which opposed foreclosure. Chase Manhattan Mort. Corp. v. First Security Bank of Clarksville CA 10-887 3/16/2010
Phillip and Viva Evans Chase Home Finance LLC, U.S. Bank N.A. Circuit Court of the Fifth Judicial District, Marion County, Florida n/a The appellate court affirmed the trial court's judgment that U.S. Bank had not proved that it was the owner of the mortgage note at the time of trial, which was bolstered by U.S. Bank's affidavit acknowledging that the original promissory note was missing and could not be located. Chase Home Fin., LLC v. Evans 08-4436-CA-G n/a
Sandra A. Ford Wells Fargo Bank, N.A. Superior Court of New Jersey- Appellate Division n/a Court held that trustee of securitization trust did not have standing to bring foreclosure action based on poor documentation of assignment of note. Wells Fargo Bank, N.A. v. Ford A-3627-06 1/28/2011
Shaun Donovan, in his capacity as Secretary of HUD Robert Bennett, Leila Joseph and Delores J. Moore United States District Court for the District of Columbia n/a AARP, representing surviving spouses of three deceased borrowers on home-equity conversion mortgages, sued HUD for allegedly foreclosing on the surviving spouses unfairly as a result of a change to HUD's HECM policies. Bennett et al. v. Donovan et al. 1:11-cv-00498 3/8/2011
Vanderbilt Mortgage and Finance, Inc. Cesar Flores and Alvin King United States District Court for the Southern District of Texas $559,000 Plaintiffs alleged that the defendant was liable for civil racketeering after it released a lien that was filed with the county clerk without plaintiffs' knowledge. The jury agreed with the plaintiffs, and the judge confirmed the verdict. Vanderbilt Mortgage and Fin., Inc. v. Flores 2:09-cv-00312 11/17/2009
Washington Mutual Bank, F.A. et al. Kwaku Atta Poku U.S. District Court for the District of Maryland $34,000,000 Borrower may proceed in lawsuit against lender who provided faulty refinancing which failed to stop foreclosure Poku v. Washington Mutual Bank, F.A. 1:2008cv01198 n/a
Wilmington O. Charles, Jr., Lloyd A. & Marsha G. Freedman Living Trust, Arkansas Department of Finance & Administration, Gary Moran and Arkansas Federal Credit Union Chase Home Finance, LLC Court of Appeals of Arkansas, Division III n/a Chase Home Finance, LLC successfully appealed a foreclosure decree that granted a second lien holder relief in excess of the total amount of its lien in a foreclosure proceeding. Although the court entered a default judgment against Chase, who held a first lien, the court agreed that "a judgment by default should not be different in kind from or exceed in amount that prayed for in the demand for judgment." Chase Home Finance, LLC v. Chares et al. CA 10-367 12/8/2010

4th quarter 2010 Title Lawsuits

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