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2007 Mortgage Litigation Report

Mortgage News

Description

Category
(click for journal)
Description
# of Cases
Advertising Lawsuits about mortgage advertising, bait and switch ads, deceptive ads and do-not-call violations.
5
Appraisals Litigation related to real estate appraisals, pressuring appraisers and appraisal fraud.
5
Bankruptcy Legal issues surrounding borrowers who file for bankruptcy, including servicing bankrupt borrowers.
5
Commercial Cases related to commercial mortgage lending.
1
Copyright Lawsuits about copyright, trademark and intellectual property issues.
3
Credit Litigation based on credit reporting and other credit issues.
3
Discrimination Class actions and suits related to lending discrimination involving minorities, neighborhoods and property types.
14
Down Payment Assistance Cases about the legality of DPA programs and HUD’s ability to prohibit them.
2
Employment Employment lawsuits involving overtime, employment discrimination and employment contracts. Whistleblowers and WARN notice violations cases also.
16
Fees Lawsuits involving excessive fees, servicing fees and loan fees beyond state maximums.
13
Foreclosures Servicer-related litigation, foreclosure lawsuits and cases against foreclosure rescue services.
11
Fraud Cases involving mortgage fraud, flipping, identity theft and inflated appraisals.
25
Insider Trading Criminal cases about mortgage executives accused of trading securities based on insider information.
2
Investor Shareholder lawsuits and class actions accusing companies of inflating earnings, overstating capital position or otherwise deceiving investors in the company. Other shareholder issues.
53
Licenses Regulator lawsuits against improperly licensed and unlicensed mortgage companies.
2
Mergers Lawsuits relating to mergers and acquisitions.
1
Predatory Cases involving allegations of predatory lending.
7
Pre-emption Litigation involving the rights of states to regulate federally regulated institutions.
1
Privacy Privacy law violation cases.
3
RESPA Litigation involving alleged violations of the Real Estate Settlement Procedures Act.
5
RMBS Lawsuits related to mortgage-backed securities.
2
Secondary Marketing Cases related to secondary marketing, warehouse lending and repurchases.
23
Servicing Litigation related to loan servicing, including escrow issues, transfer of servicing and servicing borrowers in bankruptcy and foreclosure.
14
Suitability Lawsuits about mortgage company liability in determining suitability of loans for borrowers.
1
Technology Lending technology issues litigated.
2
TILA Cases involving allegations of violations to the Truth In Lending Act and missing disclosures.
6
YSP Litigation centered around yield spread premiums and YSP disclosures.
4

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