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Third-Quarter 2011 Mortgage Litigation Index 218

Based on quarterly litigation reports published by MortgageDaily.com. Reflects mortgage-related cases with activity covered by MortgageDaily.com. The latest report was created with the assistance of the Washington, D.C.-based law firm of Patton Boggs LLP 

 


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Types of Cases Tracked

 

Category
Description
Total Total Cases Tracked (some cases tracked in multiple categories)
Advertising Lawsuits about mortgage advertising, bait-and-switch ads, deceptive ads, and do-not-call violations.
Appraisals Litigation related to real estate appraisals, pressuring appraisers, and appraisal fraud.
Bankruptcy- Consumer Legal issues surrounding borrowers who file for bankruptcy, including servicing bankrupt borrowers.
Bankruptcy- Corporate Litigation surrounding companies that file for bankruptcy protection or liquidation
Commercial Mortgage Cases related to commercial mortgage lending.
Commitments Loan commitment litigation.
Compliance Lawsuits and actions tied to violations of mortgage regulations.
Copyright Lawsuits about copyright, trademark, and intellectual property issues.
Credit Litigation based on credit reporting and other credit issues.
Criminal Cases involving criminal complaints.
Discrimination Class actions and lawsuits related to lending discrimination involving minorities, neighborhoods, and property types.
Down Payment Assistance Cases about the legality of DPA programs and HUD’s ability to prohibit them.
Embezzlement Legal actions on mortgage-related embezzlement and accounting fraud.
Employment Employment lawsuits involving overtime, employment discrimination, and employment contracts. Whistleblowers and WARN notice violation cases also.
Fees Lawsuits involving excessive fees, servicing fees, and loan fees beyond state maximums.
Foreclosures Servicer-related litigation, foreclosure lawsuits, and cases against foreclosure rescue services.
HELOC Cases related to home-equity lines of credit
Insider Trading Criminal cases about mortgage executives accused of trading securities based on insider information.
Investor Shareholder lawsuits and class actions accusing companies of inflating earnings, overstating capital position or otherwise deceiving investors in the company. Other shareholder issues.
Leads Litigation about mortgage leads.
Licenses Regulator lawsuits and actions against improperly licensed and unlicensed mortgage companies.
MBS Lawsuits related to mortgage-backed securities.
Mergers Lawsuits relating to mergers and acquisitions.
Military Actions involving military borrowers (added to report in Q2 2011).
Modifications Actions tied to loan modifications and modification firms.
Mortgage Fraud Cases involving mortgage fraud, flipping, identity theft, and inflated appraisals.
Mortgage Insurance Lawsuits tied to mortgage insurance.
Net Branch Litigation involving net branch operations.
Predatory Lawsuits and regulatory actions against predatory lenders.
Preemption Lawsuits about federal regulatory preemption over state regulation.
Privacy Lawsuits about privacy issues.
Regulatory Lawsuits by or against regulatory agencies.
Reverse Mortgages Litigation tied to home-equity conversion mortgages and reverse mortgage issues, programs, and lenders.
Secondary Marketing Cases related to secondary marketing, warehouse lending, and repurchases.
Servicing Litigation related to loan servicing, including escrow issues, transfer of servicing, and servicing borrowers in bankruptcy and foreclosure.
Suitability Lawsuits about the mortgage company’s liability in determining the suitability of loans for borrowers.
Technology Lending technology issues were are litigated.
Title Litigation tied to property title and title insurance claims.
YSP Litigation centered around yield spread premiums and YSP disclosures.

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


Archival Notes: This page re-establishes our archived Mortgage Litigation Report, which was originally published on MortgageDaily.com. It focuses on and reflects the accurate subject matter at the time of publication.

Summary: Our Mortgage Litigation Report provides an in-depth analysis of the current lawsuits, settlements, and legal disputes impacting lenders and servicers, as well as borrowers. Learn about emerging trends and how they may affect the industry going forward. For additional context on mortgage legal issues, visit our website page.