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First-Quarter 2011 Mortgage Litigation Index

Mortgage Employment Lawsuits
First-Quarter 2011 Mortgage Litigation Index
Employment lawsuits involving overtime, employment discrimination and employment contracts. Whistleblowers and WARN notice violation cases also.

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Filed Link to StoryLink to Story
Board of Governors of the Federal Reserve System National Association of Independent Housing Professionals, Inc. U.S. District Court for the District of Columbia n/a Complaint sought to prevent the implementation of Reg Z rule, which NAIHP claims restricts compensation to mortgage brokers and loan originators. Case consolidated with NAMB lawsuit. Rule implemented. National Association of Independent Housing Professionals, Inc. v. Board of Governors of Federal Reserve System 1:2011cv00489 3/7/2011 www.mortgagedaily.com/LawsuitNaihp030711.aspwww.mortgagedaily.com/LawsuitNamb033111.asp
Federal Reserve Board National Association of Mortgage Brokers U.S. District Court for the District of Columbia na Complaint filed to stop implementation of LO Rule. Case consolidated with NAIHP lawsuit, rule implemented. na na Mar-11 www.mortgagedaily.com/LawsuitNamb031011.asp
American Family Property Services Brenda Urnikis-Negro U.S. District Court for the Northern District of Illinois na FLSA judgment in favor of plaintiff, though total recovery cut by over 75%. Brenda Urnikis-Negro Urnikis-Negro v. American Family Property Services 06 C 6014, 2008 WL 5539823 1/21/2008 www.mortgagedaily.com/LitigationEmployment122810.asp
Franklin American Mortgage Co. Gina McKeen-Chaplin U.S. District Court for the Northern District of California na Underwriter seeks unpaid overtime. Gina McKeen-Chaplin v. Franklin American Mortgage Co., 4:2010cv05243 11/18/2010 www.mortgagedaily.com/LitigationEmployment122810.asp
Hilda L. Solis, sued in her official capacity, Secretary, United States Department of Labor, Nancy Lippink, sued in her official capacity, Deputy Administrator, United States Department of Labor Wage and Hour Division, and United States Department of Labor. Mortgage Bankers Association United States District Court for the District of Columbia n/a The Mortgage Bankers Association filed a complaint seeking to set aside the Department of Labor’s Wage and Hour Division Administrator’s Interpretation No. 2010-1 from March 24, 2010. The interpretation reverses and withdraws a 2006 opinion letter to the Mortgage Banker’s Association that interpreted the department’s own regulations and concluded that typical loan officers were exempt from Fair Labor Standards Act requirements for overtime payments under the “administrative exemption.” Mortgage Bankers Association v. Solis et al. 1:2011cv00073 1/12/2011 www.mortgagedaily.com/LawsuitMbaVsDol011211.asp
JPMorgan Chase & Co. n/a n/a n/a An appeals court ruled against JPMorgan Chase & Co. and held that underwriters must be paid overtime. n/a n/a n/a www.mortgagedaily.com/LawsuitsJPMorgan030111.asp
Mili Group Inc. U.S. Department of Labor na $247,900 Defendants allegedly misused retirement plan assets for their own benefit, in violation of the Employee Retirement Income Security Act. Solis v. DOL 5:10-cv-03823-HRL 8/26/2010 www.mortgagedaily.com/LitigationEmployment122810.asp
PrimeLending Gino Scola U.S. District Court for the Northern District Illinois na Unpaid overtime sought. Scola v. PrimeLending, A PlainsCapital Company 1:10-cv-07072 11/2/2010 www.mortgagedaily.com/LitigationEmployment122810.asp
Prospect Mortgage LLC Sliger U.S. District Court for the Eastern District of California na Unpaid overtime sought. Sliger et al. v. Prospect Mortgage LLC et al 1:10-cv-01952-LJO-SMS 10/18/2010 www.mortgagedaily.com/LitigationEmployment122810.asp
Quicken Loans, Inc. and Daniel B. Gilbert Ryan C. Henry, individually and on behalf of all others similarly situated United States District Court for the Eastern District of Michigan n/a A class of loan officers sued Quicken Loans for allegedly depriving them of overtime pay; a federal jury unanimously found that Quicken Loans complied with federal labor laws and decided against the plaintiffs. Henry v. Quicken Loans, Inc. et al. 2:2004cv40346 7/16/2009 www.mortgagedaily.com/lawsuitquicken031711.aspwww.mortgagedaily.com/MctLawsuitQuicken031511.asp, www.mortgagedaily.com/LitigationEmployment122810.asp
Republic Mortgage Home Loans Ahmad Gibson U.S. District Court for the Western District of Washington na Complaint filed over alleged violations of FLSA’s overtime and minimum wage requirements. Ahmad Gibson v. Republic Mortgage Home Loans 3:10-cv-0588 12/6/2010 www.mortgagedaily.com/LitigationEmployment122810.asp

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