|
Defendant
|
Plaintiff
|
Court
|
Amount
|
Overview
|
Case Title |
Case Number
|
Date Filed |
Link to Story |
| Wells Fargo Bank, N.A.; Wells Fargo Home Mortgage, Inc. |
Desiree Morris, individually and on behalf of all others similarly situated |
United States District Court for the Western District of Pennsylvania |
n/a |
Wells Fargo & Co.’s mortgage unit allegedly required borrowers in federally designated flood zones to obtain unnecessary flood insurance in violation of state and federal real estate and lending laws. |
Morris v. Wells Fargo Bank, N.A. |
2:2011cv00474 |
04/07/11 |
www.mortgagedaily.com/MctLawsuitWellsFlood040811.asp |
| BNC Mortgage, Inc., MERS, Inc., US Bank, NA, Finance America, LLC, Lehman Brothers Holdings, Inc., Impact One Mortgage Services. |
Donald E. McCoy, III |
United States Bankruptcy Court for the District of Oregon |
n/a |
McCoy convinced the bankruptcy court that he had been wrongfully foreclosed upon in violation of Oregon non-judicial foreclosure law due to deeds being unrecorded. |
In re McCoy |
10-63814-fra13 |
03/05/10 |
www.mortgagedaily.com/MctForeclosuresOR52911.asp |
| Ron Wilson, Sr., Larhonda Wilson |
Option One Mortgage Corp. |
United States Bankruptcy Court for the Eastern District of Louisiana |
n/a |
The Wilsons filed a voluntary Chapter 13 bankruptcy, and after missing several payments on their home, Option One Mortgage Corp. filed a request for relief from the bankruptcy stay. The Wilsons claimed they had made the payments; and they did. Lender Processing Services was responsible for the delay and had to admit the same to the court, who sanctioned LPS for this misconduct. |
In re Wilson |
07-11862 |
09/29/07 |
www.mortgagedaily.com/LitigationForeclosure052411.asp |
| Wells Fargo N.A., Wells Fargo Tennessee, Inc. |
City of Memphis |
United States District Court for the Western District of Tennessee |
n/a |
Court denied Wells’ motion to dismiss suit alleging discrimination for mortage practices having adverse impact on african american borrowers. City alleged violations of Fair Housing Act and Tennessee Consumer Protection Act. |
City of Memphis v. Wells Fargo N.A. et al. |
2:2009-cv-2857 |
12/30/09 |
www.mortgagedaily.com/mctlawsuitdiscriminationwels050511.asp |
| Ally Financial Inc., Detroit, Michigan; Ally Bank, Midvale, Utah; Residential Capital, LLC, Minneapolis, Minnesota; and GMAC Mortgage, LLC, Fort Washington, Pennsylvania |
n/a |
United States of America Before the Board of Governors of the Federal Reserve System, Washington, D.C.; Federal Deposit Insurance Corporation, Washington, D.C. |
n/a |
Ally Financial Inc. consented to the issuance of a Consent Order whereby it agreed to remediate unsound practices relating to mortgage servicing and the initiation and handling of foreclosures. |
In re: Ally Financial Inc. |
FRB Docket No. 11-020-B-HC; 11-020-B-DEO; FDIC-11-123b |
n/a |
www.mortgagedaily.com/OccConsentOrderAlly041311.asp |
| Aurora Bank FSB |
n/a |
United States of America Before the Office of Thrift Supervision |
n/a |
Aurora Bank FSB consented to the issuance of a Consent Order whereby it agreed to remediate unsound practices relating to mortgage servicing and the initiation and handling of foreclosures. |
In re: Aurora Bank FSB |
NE-11-16 |
n/a |
www.mortgagedaily.com/OccConsentOrderAurora041311.asp |
| Bank of America, N.A., Charlotte, NC |
n/a |
United States of America Department of the Treasury Comptroller of the Currency |
n/a |
Bank of America, N.A. consented to the issuance of a Consent Order whereby it agreed to remediate unsound practices relating to mortgage servicing and the initiation and handling of foreclosures. |
In re: Bank of Am., N.A. |
AA-EC-11-12 |
n/a |
www.mortgagedaily.com/OccConsentOrderBoa041311.asp |
| JPMorgan Chase Bank, N.A., New York, NY |
n/a |
United States of America Department of the Treasury Comptroller of the Currency |
n/a |
JPMorgan Chase Bank, N.A. consented to the issuance of a Consent Order whereby it agreed to remediate unsound practices relating to mortgage servicing and the initiation and handling of foreclosures. |
In re: JPMorgan Chase Bank, N.A. |
AA-EC-11-15 |
n/a |
www.mortgagedaily.com/OccConsentOrderChase041311.asp |
| HSBC Bank USA, N.A., McLean, Virginia |
n/a |
United States of America Department of Treasury Comptroller of the Currency |
n/a |
HSBC Bank USA, N.A. consented to the issuance of a Consent Order agreeing to remediate unsound practices relating to mortgage servicing and the initiation and handling of foreclosures. |
In re: HSBC Bank USA, N.A. |
AA-EC-11-14 |
n/a |
www.mortgagedaily.com/OccConsentOrderHSBC041311.asp |
| Lender Processing Services, Inc., Jacksonville, Florida; DocX, LLC, Alpharetta, Georgia; and LPS Default Solutions, Inc., Mendota Heights, Minnesota |
n/a |
Before the Board of Governors of the Federal Reserve System; Federal Deposit Insurance Corporation; Officer of Comptroller of the Currency; Office of Thrift Supervision |
n/a |
Lender Processing Services, Inc. consented to the issuance of a Consent Order agreeing to remediate unsound practices relating to mortgage servicing and the initiation and handling of foreclosures. |
In re: Lender Processing Services, Inc. |
FRB Docket Nos. 11-052-B-SC-1; 11-052-B-SC-2; 11-052-B-SC-3; FDIC-11-204b; OCC AA-EC-11-46; OTS DC-11-039 |
n/a |
www.mortgagedaily.com/OccConsentOrderLPS041311.asp |
| MetLife Bank, N.A., Bridgewater, New Jersey |
n/a |
United States of America Department of the Treasury Comptroller of the Currency |
n/a |
MetLife Bank, N.A. consented to the issuance of a Consent Order whereby it agreed to remediate unsound practices relating to mortgage servicing and the initiation and handling of foreclosures. |
In re: MetLife Bank, N.A. |
AA-EC-11-16 |
n/a |
www.mortgagedaily.com/OccConsentOrderMetlife041311.asp |
| PNC Bank, N.A., Wilmington, Delaware |
n/a |
United States of America Department of the Treasury Comptroller of the Currency |
n/a |
PNC Bank, N.A. consented to the issuance of a Consent Order whereby it agreed to remediate unsound practices relating to mortgage servicing and the initiation and handling of foreclosures. |
In re: PNC Bank, N.A. |
AA-EC-11-17 |
n/a |
www.mortgagedaily.com/OccConsentOrderPNC041311.asp |
| Sovereign Bank |
n/a |
Office of Thrift Supervision |
n/a |
Sovereign Bank consented to the issuance of a Consent Order by the Office of Thrift Supervision requiring the remediation of unsafe and unsound banking practices relating to mortgage servicing and the initiation and handling of foreclosure proceedings. |
In re: Sovereign Bank |
NE-11-17 |
n/a |
www.mortgagedaily.com/OccConsentOrderSovereign041311.asp |
| Suntrust Banks, Inc., Atlanta, Georgia; Suntrust Bank, Atlanta, Georgia; and Suntrust Mortgage, Inc., Richmond, Virginia |
n/a |
United States of America Before the Board of Governors of the Federal Reserve System |
n/a |
Suntrust Banks, Inc. consented to the issuance of a Consent Order whereby it agreed to remediate unsound practices relating to mortgage servicing and the initiation and handling of foreclosures. |
In re: Suntrust Banks, Inc. |
11-021-B-HC; 11-021-B-SM; 11-021-B-DEO |
n/a |
www.mortgagedaily.com/OccConsentOrderSuntrust041311.asp |
| U.S. Bank National Association, Cincinnati, Ohio; and U.S. Bank National Association ND, Fargo, North Dakota |
n/a |
United States of America Department of the Treasury Comptroller of the Currency |
n/a |
U.S. Bank National Association consented to the issuance of a Consent Order whereby it agreed to remediate unsound practices relating to mortgage servicing and the initiation and handling of foreclosures. |
In re: U.S. Bank Nat’l Assoc. |
AA-EC-11-18 |
n/a |
www.mortgagedaily.com/OccConsentOrderUSBank041311.asp |
| Wells Fargo Bank, N.A., Sioux Falls, South Dakota |
n/a |
United States of America Department of the Treasury Comptroller of the Currency |
n/a |
Wells Fargo Bank, N.A. consented to the issuance of a Consent Order whereby it agreed to remediate unsound practices relating to mortgage servicing and the initiation and handling of foreclosures. |
In re: Wells Fargo Bank, N.A. |
AA-EC-11-19 |
n/a |
www.mortgagedaily.com/OccConsentOrderWells041311.asp |
| US Bank Home Mortgage Wisconsin Servicing, US Bank, NA |
Marilyn Houston |
United States District Court for the Eastern District of Michigan |
n/a |
The plaintiff alleged that US Bank violated state and RESPA by claiming an incorrect arrearage and balance on a note it serviced. The court held that the plaintiff had stated a claim under RESPA but dismissed her other counts, including her FDCPA and HAMP claims. |
Houston v. US Bank Home MortgageWisconsin Serv. |
10-13780 |
09/22/10 |
www.mortgagedaily.com/LitigationForeclosure052411.asp |
| Lender Processing Services, Inc., DocX, Fidelity National Financial Inc., and CT Corporation |
Attorney General of California, Kamala D. Harris, Attorney General of Illinois, Lisa Madigan, and Attorney General of Michigan, Bill Schuette |
n/a |
n/a |
Criminal subpoena issued. Attorneys General in California, Illinois and Michigan have issued subpoenas against LPS. Schuette wants to look at documents used in the firms’ foreclosure and bankruptcy document-processing operations as an expansion of an investigation into “allegations of forged mortgage documents” filed with the register of deeds offices in Michigan that began in April. |
n/a |
n/a |
n/a |
www.mortgagedaily.com/LpsSupoenaes061511.asp |
| Joseph Yorkus; James Bartczak |
State of Nevada |
n/a |
n/a |
Joseph Yorkus and James Bartczak are accused of trying to steal mortgage payments. Through Great Western Business Services, the two allegedly sent letters to borrowers falsely claiming to have acquired their mortgages from Bank of America. |
n/a |
n/a |
n/a |
www.mortgagedaily.com/LitigationCriminal041211.asp |
| Wells Fargo Bank, N.A., and Wells Fargo Financial Leasing, Inc. |
Mayor and City Council of Baltimore |
United States District Court for the District of Maryland Baltimore Division |
n/a |
Wells Fargo is accused of discriminatory lending practices including steering black borrowers who qualified for prime loans into subprime mortgages and targeting unqualified borrowers for refinance or home-equity loans that caused them to lose their houses. |
Mayor and City of Baltimore v. Wells Fargo Bank, N.A. |
1:08-cv-00062-JFM |
10/21/10 |
www.mortgagedaily.com/LitigationDiscrimination062111.asp |
| Wells Fargo Bank, N.A., Wells Fargo Financial Tennessee, Inc., and Wells Fargo Financial Tennessee 1, LLC |
City of Memphis and Shelby County |
United States District Court for the Western District of Tennessee Western Division |
n/a |
Wells Fargo is accused of discriminatory lending practices that resulted in extraordinarily high rates of foreclosure in minority neighborhoods, which caused the County to lose property tax revenues and to spend additional funds for critical municipal services as foreclosed homes become vacant and deteriorated. |
City of Memphis et al. v. Wells Fargo Bank, N.A., et al. |
2:09-cv-02857-STA-dkv |
04/07/10 |
www.mortgagedaily.com/LitigationDiscrimination062111.asp |
| Wells Fargo, N.A. |
Ohio Civil Rights Commission |
In the Common Pleas Court Cuyahoga County, Ohio |
n/a |
In Ohio, Attorney General Michael DeWine filed a lawsuit against Wells on behalf of the Ohio Civil Rights Commission alleging that the lender used reverse redlining to herd black borrowers into more expensive loans. |
Ohio Civil Rights Commission v. Wells Fargo, N.A., et al. |
CV11748383 |
02/19/11 |
www.mortgagedaily.com/LitigationDiscrimination062111.asp |
| HSBC Bank Association, as Trustee of the Deutsche Atl-A Securities Mortgage Loan Trust Series 2006-AR5 |
Onewest Bank, FSB |
United StatesDistrict Court for the Southern District of New York |
n/a |
Mortgage Servicer Onewest Bank filed its lawsuit against HSBC, the trustee in a mortgage securitization, to stop the foreclosure on borrower Pamela Jeter. |
Onewest Bank, FSB v. HSBC Bank Association, as Trustee of the Deutsche Alt-A Securities Mortgage Trust, Series 2006-AR5 |
1:10-cv-04855-SHS |
06/22/10 |
www.mortgagedaily.com/LitigationForeclosures061411.asp |
| James Hendricks |
U.S. Bank National Association, as Successor Trustee to Bank of America |
State of Michigan Washington County Trial Court |
n/a |
A Michigan judge overturned a First Franklin foreclosure after he concluded that the company couldn’t have owned the mortgage after it failed to comply with certain mortgage securitization rules. Plaintiff’s attorney, James Hendricks, reportedly said that U.S. Bank, the trustee for the securitization did not have the right to foreclose, in part because it had not been assigned ownership of the loan in accordance with the rules required to ensure tax-exempt status of mortgage-bond investments. |
U.S. Bank, N.A. v. Hendricks |
10-849-CH |
n/a |
www.mortgagedaily.com/LitigationForeclosures061411.asp |
| Bank of America, Countrywide Financial |
United States |
n/a |
$20,000,000 |
The DOJ and BOA agreed to a settlement whereby BOA would pay $2.4 million to resolve allegations that the lender foreclosed on 160 military personnel in violation of the Servicemembers Civil Relief Act (“SCRA”) in 20 states without court orders. |
U.S. v. Bank of America |
n/a |
n/a |
www.mortgagedaily.com/MctSettlementMilitary052611.asp |
| Saxon Mortgage Services, Inc. |
United States |
United States District Court for the Northern District of Texas |
$2,400,000 |
The DOJ and Saxon agreed to a settlement whereby Saxon would pay $2.4 million to resolve allegations that the lender foreclosed on 17 military personnel in violation of the Servicemembers Civil Relief Act (“SCRA”) in ten states without court orders. |
U.S. v. Saxon Mortgage Servs., Inc. |
3:11-cv-01111-F |
05/26/11 |
www.mortgagedaily.com/MctSettlementMilitary052611.asp |
| Wells Fargo & Co. |
Karen Miller |
n/a |
n/a |
Karen Miller, along with seven other plaintiffs, have filed suit against Wells Fargo alleging that the bank told her not worry about foreclosure while she was in the modification approval process, however, the bank started a foreclosure anyway. |
n/a |
n/a |
n/a |
www.mortgagedaily.com/LitigationMods062711.asp |
| Citibank, N.A. |
Comptroller of the Currency, Federal Reserve, FDIC, Office of Thrift Supervision, Federal Housing Finance Agency |
n/a |
n/a |
Consent order governing deficiencies in residential mortgage servicing practices of Citibank |
In the Matter of Citibank, N.A. |
n/a |
03/29/11 |
www.mortgagedaily.com/ServicerSettlement041311.asp |
| Everbank |
Office of Thrift Supervision |
n/a |
n/a |
Consent order governing deficiencies in residential mortgage servicing practices of Everbank. |
In the Matter of Everbank |
n/a |
n/a |
www.mortgagedaily.com/ServicerSettlement041311.asp |
| MERSCORP, Inc, Mortgage Electronic Registration Systems, Inc. |
Comptroller of the Currency, Federal Reserve, FDIC, Office of Thrift Supervision, Federal Housing Finance Agency |
n/a |
n/a |
Governmental agencies enter into consent order with MERS re: deficiencies related to tracking of documentation and tracking of residential loan mortgages and servicing |
In the Matter of MERSCORP, Inc. |
n/a |
04/13/11 |
www.mortgagedaily.com/ServicerSettlement041311.asp |
| Onewest Bank, FSB |
Office of Thrift Supervision |
n/a |
n/a |
Consent order governing deficiencies in residential mortgage servicing practices of Onewest |
In the Matter of Onewest Bank, FSB |
n/a |
n/a |
www.mortgagedaily.com/ServicerSettlement041311.asp |
| Perry Laspina |
U.S. Bank National Association |
Fourth Judicial Circuit Court in and for Duval County, Florida |
n/a |
U.S. Bank National Association, acting as a trustee for an unnamed trust, filed suit against Perry Laspina for foreclosure. During the course of litigation, however, based on the low value of the property, the bondholder decided to abandon the case and give Mr. Laspina free title to the property. |
U.S. Bank Nat’l Ass’n v. Laspina |
n/a |
Sept. 08 |
www.mortgagedaily.com/MctForeclosureFl041111.asp |
| Marianne Hernandez and Carlos Hernandez |
J.P. Morgan Chase Bank, N.A., as successor in interest to Washington Mutual Bank |
District Court of Appeal of Florida, Third District. |
n/a |
A Florida couple executed a mortgage note with WAMU in 2005. When the bank began foreclosure proceedings in 2008, the borrowers responded by filing fake documents with the court. The trial judge accepted the documents, granted a motion to vacate, vacated a final judgment, discharged a lis pendens and dismissed WAMU’s complaint with prejudice. WAMU appealed the rulings, which have been reversed by the appellate court. |
J.P. Morgan Chase Bank, N.A. v. Marianne Hernandez, et al. |
3D10-1099; (Lower Tribunal No. 08-22253) |
04/23/08 |
www.mortgagedaily.com/LawsuitChaseForeclosure062311.asp |
| Flagstar Bank, FSB |
Tatynana Nudel |
District Court of Appeal of Florida, Fourth District |
Attorney’s fees TBD |
A Florida court of appeals affirmed the trial court’s determination that the borrower was a “prevailing party” under Florida law and was thus entitled to attorney’s fees in connection with her defense of Flagstar’s foreclosure proceedings. |
Nudel v. Flagstar Bank, FSB |
4D10-3001 |
06/30/09 |
www.mortgagedaily.com/LitigationForeclosure052411.asp |
| HSBC Mortgage Services, Inc. |
Vasily and Marina Goncharuk |
District Court of Appeal of Florida, Second District |
$233,000 |
A Florida court of appeals reversed the plaintiffs’ foreclosure because HSBC had not provided the notice of acceleration. |
Goncharuk v. HSBC Mortgage Servs., Inc. |
2D10-2629 |
n/a |
www.mortgagedaily.com/LitigationForeclosure052411.asp |
| James Kevlik, Catherine Kevlik and Patricia Durgin |
Deutsche Bank National Trust Co. |
Supreme Court of New Hampshire |
n/a |
The Supreme Court of NH decided that Deutsche Bank had not sufficiently shown proof of its ownership because the the affidavit it submitted was not notarized or signed under oath, making it erroneous for the lower courts to rely on it for evidence of ownership. |
Deutsche Bank Nat’l Trust Co. v. Kevlik |
2010-249 |
04/28/11 |
www.mortgagedaily.com/LitigationForeclosure052411.asp |
| Melissa Lamato |
Bank of America, NA |
Superior Court of New Jersey Chancery Division, Bergen County |
$532,000 |
A foreclosure filed by BOA was dismissed because the court ruled that BOA did not have possession and control over the note and had illegally sent Wells Fargo a notice of intent to foreclose in violation of the New Jersey Fair Foreclosure Act. |
Bank of America, NA v. Lamato |
F-61880-09 |
04/25/11 |
www.mortgagedaily.com/LitigationForeclosure052411.asp |
| MERS, Inc. |
Marlya Depauw |
United States District Court for the Eastern District of Michigan |
$900,000,000 |
The class action lawsuit alleges that MERS did not qualify as an entity that could foreclose non-judicially under Michigan law and therefore had foreclosed on the plaintiffs illegally. |
Depauw v. MERS, Inc. |
2:11-cv-12032 |
05/09/11 |
www.mortgagedaily.com/LitigationForeclosure052411.asp |
| PHH Mortgage Corporation |
Linda S. Yeager |
Court of Appeals of Arkansas, Division IV |
$175,000 |
The appellate court reversed the trial court’s grant of $175,000 to Yeager. PHH had served two of her mortgages and missed a court hearing in a lawsuit filed by Yeager, resulting in a default judgment. The appellate court reversed and remanded for a rehearing on damages. |
Yeager v. PHH Mortgage Corp. |
CA 10-868 |
04/27/11 |
www.mortgagedaily.com/LitigationForeclosure052411.asp |
| R. Scott Scheiman |
GMAC Mortgage Corporation |
United States District for the Northern District of California |
n/a |
The court denied GMAC’s motion for alternative service of process for the defendant because it had not complied with Californian procedural rules. |
GMAC Mortgage Corp. v. Scheiman |
C 11-01288 PSG |
04/11/11 |
www.mortgagedaily.com/LitigationForeclosure052411.asp |
| TBOM Mortgage Holding, LLC |
Cecilia Brown |
District Court of Appeal of Florida, Third District |
n/a |
A Florida court of appeals reversed the trial court’s refusal to enter a perfectly-executed affidavit into evidence. |
Brown v. TBOM Mortgage Holding, LLC |
3D11-220 |
n/a |
www.mortgagedaily.com/LitigationForeclosure052411.asp |
| Warren Nyerges and Maureen Nyerges |
Bank of America |
Collier County, Florida |
$5,773 |
Bank of America was ordered by a Collier County, Ohio judge to pay $2,534 in attorneys fees to Warren and Maureen Nyerges because it mistakenly foreclosed on their property without actually having a loan against it. |
Bank of America v. Warren Nyerges, et al. |
n/a |
n/a |
www.mortgagedaily.com/LitigationForeclosures061411.asp |
| Roman Pino |
Bank of New York Mellon |
Florida Supreme Court |
n/a |
Homeowner alleges that improper filing/maintance of loan documentation should preclude foreclosure. |
Pino v. Bank of New York Mellon |
n/a |
04/11/11 |
www.mortgagedaily.com/mctforeclosureFl041511.asp |
| Nicolle Bradbury (Defendant) and GMAC Mortgage, LLC d/b/a DiTech LLC.com and Bank of America, NA (Parties in Interest) |
Federal National Mortgage Association |
Brighton District Court, State of Maine |
n/a |
The Maine Supreme Judicial Court is expected to hear an appeal of a lower court ruling in this landmark case involving GMAC and its foreclosure practices. The lower court found that a GMAC official signed a sworn statement supporting foreclosure on Bradbury’s home without reviewing her foreclosure documents first. The appeal involves whether GMAC should be sanctioned for acting in “bad faith.” |
Federal National Mortgage Association v. Bradbury et al. |
BRI-RE-09-65 |
n/a |
www.mortgagedaily.com/MctForeclosureGmacMe062911.asp |
| Martha Flynn |
U.S. Bank National Association, N.A.. |
Columbia County Circuit Court, Oregon |
$54,000 |
A Columbia County judge has blocked U.S. Bank from evicting the Defendant whose home it purchased in foreclosure, after finding that the Defendant’s original lender sold the mortgage to other parties who failed to record or assign the mortgage. |
U.S. Bank National Association, N.A. v. Martha Flynn |
n/a |
11/01/11 |
www.mortgagedaily.com/MctForeclosureOR063011.asp |
| U.S. Bank, N.A. |
n/a |
Florida Appeals Court |
n/a |
A Florida appeals court ruled in a case against U.S. Bank, N.A., that mortgage servicers cannot finalize a foreclosure without an original note. |
n/a |
n/a |
n/a |
www.mortgagedaily.com/MctForeclosuresNc061411.asp |
| PHH Mortgage Corporation |
State of Illinois Department of Financial and Professional Regulation Division of Banking |
Cook County Circuit Court |
$290,000 |
The state of Illinois has fined PHH Mortgage $290,000 following an investigation into the corporations mortgage procedures. The corporation is accused of submitting faulty foreclosure documents. |
In the Matter of PHH Mortgage Corporation |
2011-MBR-12 |
n/a |
www.mortgagedaily.com/MctPhhFineIL062311.asp |
| Ally Financial, Bank of America, JPMorgan Chase, Wells Fargo, OneWest Bank and Citibank |
State of New Jersey |
Superior Court in Trenton, N.J. |
n/a |
Approval of settlement between a lawyer hired by the state and six lenders over allegations they utilized faulty foreclosure affidavits. |
n/a |
n/a |
n/a |
www.mortgagedaily.com/LitigationForeclosures052411.asp |
| Ben-Ezra & Katz |
Chase Home Finance |
U.S. District Court for the Southern District of Florida |
$4,000,000 |
Ruling has Chase putting up $4 million surety bond to get its foreclosure files back from the law firm. |
n/a |
n/a |
n/a |
www.mortgagedaily.com/LitigationForeclosures052411.asp |
| owner of Jacksonville, Ore. Home |
n/a |
U.S. District |
na |
Federal judge in Medford, Ore., blocked seizure of Jacksonville, Ore., property over issues tied to Mortgage Electronic Registration System. |
n/a |
n/a |
n/a |
www.mortgagedaily.com/MctForeclosuresOR052911.asp |
| Pablo Rodrigeuz |
Francis. J. Bevilacqua, III |
Supreme Judicial Court for Massachusetts |
n/a |
The plaintiff asked the court to validate his ownership of property that had been foreclosed upon by US Bank even though US Bank did not have title to the property. |
Bevilacqua v. Rodriguez |
SJC-10880 |
n/a |
www.mortgagedaily.com/LitigationForeclosures052411.asp |
| n/a |
U.S. Bancorp |
n/a |
n/a |
Mortgage Bankers Association files friend-of-the-court brief with Massachusetts Supreme Judicial Court. |
n/a |
n/a |
n/a |
www.mortgagedaily.com/LitigationForeclosures052411.asp |
| Gerald Saurman |
Residential Funding Co, LLC |
Michigan Court of Appeals |
n/a |
The Michigan appellate court held that MERS was not an entity that was qualified to foreclose by advertisement. |
Residential Funding Co, LLC v. Saurman |
290248 |
n/a |
www.mortgagedaily.com/LitigationForeclosure052411.asp |
| Bank of America, N.A., BAC Home Loans Servicing, L.P., Wells Fargo Bank, N.A., Countrywide Home Loans Servicing, L.P., Orlan Associates, PC, Trott & Trott, PC, Federal National Mortgage Association and Federal Home Loan Mortgage Corporation |
Curtis Hertel, Jr. |
State of Michigan 30th Circuit Court, Ingham County, Michigan |
n/a |
Ingham County Michigan has filed a lawsuit against Fannie Mae and Freddie Mac Enterprises, alleging that the mortgage lenders have avoided paying Michigan’s property transfer tax on thousands of homes they own in Michigan. |
Hertel v. Bank of America N.A., et al. |
11-687-CZ |
06/22/11 |
www.mortgagedaily.com/MctLawsuitMichGse062411.asp |
| Federal National Mortgage Association and Federal Home Loan Mortgage Corporation |
County of Oakland and Andrew E. Meisner |
U.S. District Court for the Eastern District of Michigan |
$12,000,000 |
Oakland County Michigan has filed a lawsuit against Fannie Mae and Freddie Mac Enterprises alleging that the mortgage lenders have avoided paying Michigan’s property transfer tax on thousands of homes they own in Michigan. |
Oakland, County et al. v. Federal National Mortgage Association et al. |
2:2010cv12666 |
06/202011 |
www.mortgagedaily.com/MctLawsuitMichGse062411.asp |
| Aurora Loan Services LLC, Timothy F. Geithner, in his capacity as United States Secretary of the Treasury, Department of the Treasury; Herbert Allison, Jr., in his capacity as Assistant Secretary for Financial Stability, U.S. Department of the Treasury; Edward DeMarco, in his capacity as Acting Director, Federal Housing Finance Agency; Federal National Mortgage Association; Michael J. Williams, in his capacity as President and Chief Executive Officer, Federal National Mortgage Association; Eric Shuppenhauer, in his capacity as Senior Vice President, Federal National Mortgage Association |
Doreen Edwards, Olubukolo, Garry Brewster, Maria and Thomas Vellucci, individually and on behalf of all others similarly situated |
United States District Court for the District of Columbia |
n/a |
The complaint, filed by New York borrowers who were denied loan modifications under HAMP, was dismissed by U.S. District Court Judge Barbara Rothstein, who found that Plaintiffs lacked standing to sue. Plaintiffs’ complaint alleged that they defaulted on their mortgages because their non-agency loans did not qualify for HAMP modifications even though the borrowers were qualified. |
Edwards et al. v. Aurora Loan Services, LLC et al. |
1:09-cv-02100-BJR |
03/04/10 |
www.mortgagedaily.com/LitigationMods062711.asp |
| Bank of America Home Loans and BAC Home Loans Servicing, LP |
Estate of Susannah R. Boswell; Louis Suravitz, as independent administrator, and Louis Suravitz, an individual |
In the County Court at Law #1, of Tarrent County, TX |
n/a |
Plaintiffs’ lawsuit alleges that Bank of America bungled communications, bombarded Suravitz with collection calls and gave him a modification that wound up increasing his monthly payments by $10. |
Estate of Susannah R. Boswell et al. v. Bank of America Home Loans |
2011-002856-1 |
04/15/11 |
www.mortgagedaily.com/LitigationMods062711.asp |
| Carrington Mortgage Services, LLC, C/O CT Corporation System |
State of Ohio, ex rel. Richard Cordray Attorney General and the Ohio Department of Commerce, ex rel. Kimberly A. Zurz, Director |
In the Court of Common Pleas, Franklin County, Ohio |
n/a |
An Assurance of Voluntary Compliance and Settlement Agreement was announced resolving the lawsuit filed by the State of Ohio against Carrington. Carrington must establish a set of minimum mortgage servicing standards that include a single point of contact for modification prospects, specific modification timelines and a temporary suspension of foreclosures after a modification application is completed. Carrington must also implement an internal review process for denied modifications. |
In the Matter of Carrington Mortgage Services, LLC |
09-CV7-11433 |
07/31/09 |
www.mortgagedaily.com/LitigationMods062711.asp |
| CitiMortgage Inc. |
William T. Whiting, on behalf of himself and all others similarly situated |
United States District Court for the Eastern District of Pennsylvania |
n/a |
A class action lawsuit was filed by Berger & Montague P.C. against CitiMortgage. Defendant allegedly “systematically slows or thwarts homeowners’ requests to modify mortgages.” Plaintiffs are borrowers who entered into trial Home Affordable Modification Program (“TARP”) modifications since April 13, 2009, made payments required by TARP and submitted required documentation, but were never approved for a modification. |
William T. Whiting, et al. v. CitiMortgage Inc. |
2:11-cv-02318-ER |
04/01/11 |
www.mortgagedaily.com/LitigationMods062711.asp |
| PNC Bank, N.A. |
Robert B. Whittaker, III and Anna B. Whittaker |
United States District Court for the Eastern District of Virginia |
n/a |
A class action lawsuit was filed alleging that PNC Bank employed an arbitrary and blanket prohibition against subordinating second mortgages to new or modified senior mortgages secured by non-PNC liens. The complaint states claims under the Bank Holding Company Act’s anti-tying provisions. |
Whittaker et al. v. PNC Bank, N.A. |
1:10-cv-01090-AJT |
09/29/10 |
www.mortgagedaily.com/LitigationMods062711.asp |
| Saxon Mortgage Service, Inc. |
Marie Gaudin |
United States District Court for the Northern District of California |
n/a |
Plaintiffs in this HAMP class-action lawsuit allege that borrowers were lured into trial modifications even though the servicer had no intention of completing permanent modifications. |
Gaudin v. Saxon Mortgage Services, Inc. |
3:2011cv01663 |
04/06/11 |
www.mortgagedaily.com/LitigationMods062711.asp |
| SunTrust Mortgage Inc. and SunTrust Banks Inc. |
Lula Mae Renteria and Carol Jones |
United States District Court for the Southern District of California |
n/a |
A class action lawsuit was filed by borrowers who allege that the bank profited from a scheme in which it repeatedly and disingenuously promised mortgagors a permanent loan modification, while collecting payments from those mortgagors who relied on those promises along with excessive fees and costs. |
Renteria et al. v. SunTrust Mortgage, Inc. et al |
3:2011cv00602 |
03/25/11 |
www.mortgagedaily.com/LitigationMods062711.asp |
| Bank of America |
Borrowers who applied for modifications |
United States District Court for the District of Massachusetts |
n/a |
Class action of plaintiffs argue that Bank of America failed to comply with HAMP despite agreeing to do so in April 2009. The suit seeks, among other things, a permanent order requiring BOA to offer permanent modifications to those in the class that had received only temporary modifications. |
In re Bank of Am. HAMP Contract Litig. |
1:10-md-021930RWZ |
10/12/10 |
www.mortgagedaily.com/MctForeclosuresBoaNV052511.asp |
| Bank of America Corp. |
United States of America |
n/a |
n/a |
Complaint filed. Defendant allegedly hindered bank investigation. |
n/a |
n/a |
n/a |
www.mortgagedaily.com/LitigationMods062711.asp |
| MERS, Inc., Citimortgage, Inc., Cal-Western Reconveyance |
David Ekerson |
United States District Court for the District of Oregon |
n/a |
A federal judge granted a homeowner a temporary restraining order preventing foreclosure of his home because of the defendants’ failure to properly record deed. |
Ekerson v. MERS, Inc. |
11-CV-178-HU |
02/10/11 |
www.mortgagedaily.com/MctForeclosuresOR52911.asp |
| Northwest Trustee Services, Inc., Bank of America, N.A., MERS, Inc. |
Ivan and Katherine Hooker |
United States District Court for the District of Oregon |
n/a |
The defendants’ motion to dismiss was denied and the court granted the plaintiff homeowners declaratory relief that the defendants had not properly recorded the chain of title in compliance with the Oregon non-judicial foreclosure laws. |
Hooker v. Northwest Trustee Servs., Inc. |
10-3111-PA |
10/07/10 |
www.mortgagedaily.com/MctForeclosuresOR52911.asp |
