Mortgage Daily

Published On: February 11, 2008
Defendant
Plaintiff
Court
Amount
Overview
Case Title

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U.S. District Court, District of Ohio

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Federal judges toss out numerous foreclosure cases where lenders and investors have failed to comply with court procedures to properly document a chain of ownership of loans being foreclosed

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Ronaldo Rodriguez and Jodi Aguirre-Rodriguez

Pima County Superior Court

$1.5 million

Despite borrower’s failure to disclose outstanding judgments and unpaid child support on his application, jury finds in favor of Arizona couple who lost their home to foreclosure by another lender because Ameriquest supposedly didn’t fund a loan that was already closed

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Sharon Diane Hill

U.S. Bankruptcy Court, Pennsylvania

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Countrywide accused of fabricating escrow letters to show that a borrower who was facing foreclosure and had filed bankruptcy owed nearly $5,000 in payments.

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Dovenmuehle Mortgage Inc. . . . Borrowers allegedly spent more than seven months fighting late fees and default notices because Dovenmuehle applied the Rawlings’ mortgage payment to the wrong loan Rawlings v. Dovenmuehle Mortgage Inc.

Wells Fargo

Hamilton County, Ohio – Court of Common Pleas

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Wells Fargo Bank couldn’t foreclose on a home because it did not prove that it had owned the mortgage

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Atta Poku

Maryland Court of Appeals

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Maryland borrower lost his property to foreclosure after refinancing because the closing agent allegedly failed to forward proceeds to WaMu

Poku v. Friedman
Home Savers LLC Angela Clemmons U.S. District Court, Eastern District of Virginia, Norfolk Division . In rent/buyback scheme that resulted in foreclosure, despite lender’s claim that borrower lacked legal and equitable title to the house, borrower claimed be the owner of the property and that lender only had a deed of trust Angela Clemmons v. Home Savers LLC
Mutual Trust Funding; Creative Financial Solutions; Eyes Have Not Seen; Charles T. White Jr.; Debra Gray; Darius K. Monroe Illinois Cook County Circuit Court , Illinois . Foreclosure rescue scam advertised on gospel radio promising to save delinquent borrowers from losing their properties but instead of helping the borrowers during a recovery period, the company used cashout mortgages to strip the equity from the properties and leave the borrowers saddled with the larger payment. .
Option One Mortgage Corp. . . . Borrowers spent over a year to stop delinquency notices and correct erroneous credit reporting from a new servicer even though the loan had been refinanced and paid off by a new lender Islam v. Option One Mortgage Corp.
St. Stephens Baptist Church Corp. M&T Mortgage Corp . . In a foreclosure suit, M&T is accelerating one of the mortgages and demanding the balance due, which the defendant is fighting, in part, on the grounds that this and other loans were “fraudulently originated” .
SunTrust Bank, Cardinal Bank U.S. Department of Justice U.S. District Court for the Eastern District of Tennessee in Knoxville . SunTrust loses battle to foreclose on property because criminal activity forfeiture laws allow Department of Justice to sell the property and use the funds from the sale to reimburse mortgage holders. .

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