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Mortgage Servicing Lawsuits Third-Quarter 2010 Mortgage Litigation Index

Mortgage Daily

Published On: December 13, 2010
Mortgage Servicing Lawsuits
Third-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
American Home Mortgage Servicing, Inc. State of Texas 448th District Court of Texas, El Paso $20,000 per violation Texas AG, Greg Abbott, sued AHMS for multiple violations of the Texas Debt Collection Act and Texas Deceptive Trade Practices Act. State of Texas v. American Home Mortgage Servicing, Inc. No. 2010-3307 8/30/10 https://www.mortgagedaily.com/LawsuitAmericanHome083010.asp
Washington Mutual Bank; JP Morgan Chase Bank Melody M. Price U.S. Bankruptcy Court, N.D. Alabama, Southern Division n/a Plaintiff alleged that defendant improperly assessed fees to her mortgage account. Court granted defendant’s motion to dismiss. Price v. Washington Mutual Bank, et al. No. 07-01905-TOM 4/8/10 https://www.mortgagedaily.com/LitigationBankruptcy070210.asp
Ocwen Loan Servicing, LLC Paul Zimmerli and Pattie Zimmerli U.S. Bankruptcy Court, N.D. Texas n/a Plaintiffs filed adversary complaint against loan servicing company. The loan company tried to enforce an arbitration agreement between plaintiffs and the original lender after plaintiffs had filed for bankruptcy and consummated their Ch.13 plan. The cour Zimmerli et al. v. Ocwen Loan Servicing, LLC No. 09-07003-hdh n/a https://www.mortgagedaily.com/LitigationBankruptcy070210.asp
Litton Loan Servicing, L.P. Camille Gburek U.S. Court of Appeals for the 7th Circuit n/a The Seventh Circuit Court of Appeals reversed a district court’s decision to dismiss a suit, finding that in order to be covered by the Fair Debt Collection Practices Act, a communication made “in connection with the collection of any debt” need not expli Gburek v. Litton Loan Servicing, L.P. No. 08-3776 7/27/10 https://www.mortgagedaily.com/litigationforeclosure092210.asp, https://www.mortgagedaily.com/LitigationModifications092810.asp
Aurora Loan Services LLC Mauder and Alice Chao; DeOgeneso and Glorina Palugod U.S. District Court for the Northern District of California $100,000,000 Class action by borrowers who paid a loan rescue company based on promises of loan modifications they never received. Mauder and Alice Chao et al. v. Aurora Loan Services, LLC 5:2010cv03383 8/2/10 https://www.mortgagedaily.com/LitigationModifications092810.asp

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