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Mortgage Fee Lawsuits – Fourth-Quarter 2011

Mortgage Fee Lawsuits
Fourth-Quarter 2011 Mortgage Litigation Index
Lawsuits involving excessive fees, servicing fees and loan fees beyond state maximums.

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Filed Date of Activity Link to Story
Bank of America Corp., MERSCORP Inc., Mortgage Electronic Registration System Inc., and MERS’s members Geauga County Geauga County Court of Common Pleas $15,700,000 Class action filed alleging defendant failed to pay filing fees. Ohio counties seek to recover recording fees. State of Ohio, ex rel. David P. Joyce Prosecuting Attorney of Geauga County, Ohio v. MERSCORP, Inc., et al 11-M-001087 10/25/2011 na oldmortgagedaily.com/LitigationTitle122711.aspoldmortgagedaily.com/LitigationFees032112.asp
Bank of America Corp., Mortgage Electronic Registration Systems Inc. and other parties Dallas County na $1,000,000,000 Case expanded to class action. na na 9/21/2011 10/31/2011 oldmortgagedaily.com/LitigationSecondary012612.asp
Community Bank of Northern Virginia Travis T. Bumpers and Troy Elliott Court of Appeals of North Carolina $10,478 Appleals court upheld a summary judgment against Defendant over alleged loan discount fees charged when the interest rate wasn’t discounted, but the summary judgment on the claim where there were genuine issues of material fact as to whether loan closing fees were excessive was reversed TRAVIS T. BUMPERS and TROY ELLIOT, on behalf of themselves and all others similarly situated, Plaintiffs, v. COMMUNITY BANK OF NORTHERN VIRGINIA, Defendant COA08-1135-2 na 9/6/2011 oldmortgagedaily.com/LitigationFees101211.asp
Countrywide Home Loans Inc. Jerry W. Washington and Golda M. Washington U.S. Court of Appeals, Eighth Circuit na Appeals court ruled in favor of plaintiffs because, since the fees had been financed, they were charged two days’ interest on the $790, reversing lower court’s decision Jerry W. Washington and Golda M. Washington, Plaintiff-Appellants, v. Countrywide Home Loans, Inc., Defendant-Appellee 10-1340 na na oldmortgagedaily.com/LitigationFees101211.asp
Federal Housing Finance Agency, et al. Genesee County, et al. Geauga County Court of Common Pleas na Class action complaint filed. Michigan counties seek to recover recording fees. Genesee County, et al., vs. Federal Housing Finance Agency, et al. 2:11-cv-14971-DPH-MJH 10-Nov na oldmortgagedaily.com/LitigationFees032112.aspoldmortgagedaily.com/LitigationFees032112.asp
Mortgage Electronic Registration Services Branch County Register of Deeds Nancy Hutchins, Ingham County Register of Deeds Ingham County Circuit Court na Class action certification obtained. Michigan counties seek to recover transfer fees. na na Aug. 2011 Nov. 2011 oldmortgagedaily.com/LitigationFees032112.aspoldmortgagedaily.com/LitigationFees032112.asp
Mortgage Electronic Registration System (MERS) Inc., SpiritBank, Bank of Oklahoma, Bank of America, Chase Home Mortgage Corporation, CitiMortgage, GMAC Residential Funding Corporation, Principal Residential Mortgage Inc., Suntrust Mortgage Inc., Wells Fargo Bank, N.A. and U.S. Bank National Association Cleveland County Commissioners  Cleveland County District Court na Complaint filed alleging defendants illegally avoided the filing of mortgage transactions with county clerks — and the fees that are charged with those filings. na na 10/25/2011 na oldmortgagedaily.com/MctLawsuitMersOk102711.asp
Quicken Loans Inc. Tammy Foret Freeman U.S. Supreme Court, U.S. Court of Appeals for the Fifth Circuit na Supreme Court agreed to review case where appeals court ruled that unearned fees are prohibited only when the fees are divided with a culpable third party Tammy Foret Freeman, et vir, Petitioners v. Quicken Loans, Inc. 10-1042; 09-30902 Feb. 15, 2011 10/11/2011 oldmortgagedaily.com/LitigationFees101211.asp
Bank of America Corp.; Citibank, N.A., and CitiMortgage Inc.; GMAC Mortgage LLC; JPMorgan Chase Bank, N.A.; MERS and parent MERSCORP Inc.; and Wells Fargo Bank, N.A. Commonwealth of Massachusetts Superior Court Department of the Trial Court, Suffolk County na Complaint filed. Defendant accused of using fraudulent documents in the foreclosure process, filing foreclosures without having title to the loans and skirting state recording requirements and fees by utilizing MERS. Also at issue is their handling of loan modifications. Commonwealth of Massachusetts, Plaintiff, V. BANK OF AMERICA, NA., BAC HOME LOANS SERVICING, LP, BAC GP, LLC, JPMORGAN CHASE BANK, N.A:, CITIBANK, NA., CITIMORTGAGE, INC., GMAC MORTGAGE, LLC, WELLS FARGO BANK, N.A., MORTGAGE ELECTRONIC REGISTRATION SYSTEK INC and MERSCORP INC., Defendants Civ. A No. 11-4363 12/1/2011 na oldmortgagedaily.com/LawsuitMassForeclosures120111.asp
Creig Northrop Team, Long & Foster, Prosperity Mortgage Co. Frank Larocca, Catherine Larocca, Mehdi Nafisi, Forough Iranpour, Kenneth Pfeifer, Angela Pfeifer  na na Proposed class action alleges defendants created false documents in order to get clients to buy new homes without first selling their old ones and collect more fees and commissions. na na 12/9/11 na oldmortgagedaily.com/MctLawsuitProsperity122011.asp
PNC Bank, NA Ellen S. Essig U.S. District Court for the Western District of Pennsylvania na Plaintiff alleges that defendant has been overcharging for subordination fees on home-equity lines of credit. Defendant denies claims in answer. ELLEN S. ESSIG, Individually and On Behalf Of All Others Similarly Situated, Plaintiff, vs. PNC BANK, NA, a wholly-owned subsidiary of PNC FINANCIAL SERVICES GROUP, INC, Defendant 2:10-cv-1738-WLS 12/23/2010 Jul. 2011 oldmortgagedaily.com/LitigationFees101211.asp
Wells Fargo, Bank of America, SunTrust Mortgage Victor Bibby and Brian Donnelly on behalf of Federal Government. U.S. District Court for the Northern District of Georgia na Lawsuit unsealed in case where plaintiffs claim defendants defrauded veterans and the government through mortgage loans guaranteed by the Department of Veterans Affairs. na na 2006 10/4/2011 oldmortgagedaily.com/MctLawsuitVeterans100511.asp
Bank of America Long Nguyen na $9,000 Defendant allegedly waited up to four days after the due date to apply payments — reportedly raising plaintiff’s loan costs and extending his maturity from 2016 to 2029 na na na na oldmortgagedaily.com/LitigationFees101211.asp
Nationstar Mortgage, LLC David J. Triplett U.S. District Court for the Southern District of West Virginia na Defendant denies charges. Deadline for plaintiff to file a motion to compel defendant to respond to discovery requests was extended until Oct. 18. Class action certification sought. DAVID J. TRIPLETT, individually and on behalf of a class of similarly-situated persons, Plaintiff, v. NATIONSTAR MORTGAGE, LLC, Defendant 3:11-cv-00238 4/12/2011 10/18/2011 oldmortgagedaily.com/LitigationFees101211.asp
Mortgage Electronic Registration Systems Duval County Clerk of Court Jim Fuller na na Class action certification sought in case alleging unlawful scheme. na na 10/31/2011 na oldmortgagedaily.com/MctLawsuitMers111111.asp
Wells Fargo Gilbert Ventura Sr., Tracy D. Ventura, Juan Rodriguez, Howard Queensborough, Ruby Brown and Judy A. Williams U.S. District Court for the Northern District of California na Judge denied motion against defendant for class certification. “Plaintiffs allege the loan officers and mortgage brokers were given the discretion to add, with respect to any given mortgage loan, ‘unchecked, subjective surcharge[s]’ of ‘interest rate markups’ and/or ‘points and fees’ to the ‘otherwise objective risk-based financing rate,'” the order stated. “Plaintiffs fail, however, to offer any evidence to show a ‘common mode of exercising [such] discretion.'” In re Wells Fargo Residential Mortgage Lending Discrimination Litigation 3:08-md-01930-MMC 4/10/2010 9/6/2011 oldmortgagedaily.com/LitigationDiscrimination112711.asp
Ashik Ahmed Azeez na na $8,250 Defendant entered “no contest” plea to collecting illegal up-front fees through his businesses, Turbo Mortgage Modification and Turbo Solutions, in 2010. The plea agreement calls for him to spend 90 days in jail and return $8,250 to the borrowers. na na na Sept. 2011 oldmortgagedaily.com/LitigationCriminal103111.asp

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