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First-Quarter 2013 Mortgage Litigation Index

Mortgage Fee Lawsuits

Second-Quarter 2012 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
First Horizon Home Loan, Corporation F/K/A McGuire Mortgage Co. David C. McLean Court of Appeals of Missouri, Western District na Denial of defendant’s motion for entry of satisfaction of judgment affirmed. David C. McLean, et al. v. First Horizon Home Loan, Corporation F/K/A McGuire Mortgage Co. WD74025 November 2000 6/26/2012 oldmortgagedaily.com/LitigationFees091012.asp
Brian Lynn Blonder Dennis Hollidayoke n $342,000 Jury found that defendant violated the Maryland Consumer Protection Act and took fees he was not entitled to under other state and federal laws. na na na 5/9/2012 oldmortgagedaily.com/MctLawsuitOptionArmMd051112.asp
Federal Housing Finance Agency DeKalb County USDC – Northern District of Illinois na Complaint filed. DeKalb County v. Federal Housing Finance Agency, et al 12-cv-50227 6/21/2012 6/21/2012 oldmortgagedaily.com/LitigationFees091012.asp
MERS, MERSCORP, Inc Jim Fuller, Clerk of the Circuit Court, Duval County, Florid Circuit Court, Fourth Judicial Circuit, in and for Duval County, Florida na Case dismissed. Jim Fuller, Clerk of the Circuit Court, Duval County, Florida v. MERS and MERSCORP, Inc. 2011-Ca-8974 10/31/2011 June oldmortgagedaily.com/LitigationFees091012.asp
MERSCORP State of Ohio ex rel. David P. Joyce Geauga County Court of Common Pleas na Case remanded. State of Ohio, ex rel. David P. Joyce Prosecuting Attorney of Geauga County, Ohio v. MERSCORP, Inc., et al 11-M-001087 na 5/23/2012 oldmortgagedaily.com/LitigationFees061712.asp
MERSCORP Inc., Fannie Mae, Freddie Mac 14 Kentucky counties including Boyd, Breathitt, Carter, Christian, Clark, Floyd, Franklin, Greenup, Johnson, Letcher, Magoffin, Mason, Pike and Warren U.S. District Court for the Eastern District of Kentucky na Summons was returned unexecuted. Boyd County et al v. MERSCORP, Inc. et al 0:12-cv-00033-HRW 4/19/2012 4/26/2012 oldmortgagedaily.com/LitigationFees061712.aspoldmortgagedaily.com/MctLawsuitMersKy042812.asp
Mortgage Electronic Registration System Duval County Clerk of Court U.S. District Court $2,400,000,000 Case dismissed. na na 10/31/2011 6/27/2012 oldmortgagedaily.com/MctLawsuitMers070212.asp
Nancy McPherson, in her role as Winnebago County Recorder Fannie Mae, Freddie Mac and FHFA U.S. District Court for the Northern District of Illinois, Western District na Complaint filed. Fannie Mae, Freddie Mac and FHFA v. Nancy McPherson, in her role as Winnebago County Recorder, et al. 3:12-cv-50230 6/22/2012 6/22/2012 oldmortgagedaily.com/LitigationFees091012.asp
BRIAN HAMER, in his official capacity as Director of the Illinois Department of Revenue; JOHN J. ACARDO, in his official capacity as DeKalb County Clerk and Recorder; KAREN A. STUKEL, in her official capacity as Will County Recorder; NANCY MCPHERSON, in her official capacity as Winnebago County Recorder; DAWN YOUNG, in her official capacity as Whiteside County Recorder; DEBBIE GILLETTE, in her official capacity as Kendall County Recorder; SANDY WEGMAN, in her official capacity as Kane County Recorder FEDERAL NATIONAL MORTGAGE ASSOCIATION (“FANNIE MAE”); THE FEDERAL HOME LOAN MORTGAGE CORPORATION (“FREDDIE MAC”); and, THE FEDERAL HOUSING FINANCE AGENCY U.S. District Court for the Northern District of Illinois na Complaint filed. THE FEDERAL NATIONAL MORTGAGE ASSOCIATION (“FANNIE MAE”); THE FEDERAL HOME LOAN MORTGAGE CORPORATION (“FREDDIE MAC”); and, THE FEDERAL HOUSING FINANCE AGENCY, in its capacity as an agency of the federal government and in its capacity as Conservator of Fannie Mae and Freddie Mac, Plaintiffs, v. BRIAN HAMER, in his official capacity as Director of the Illinois Department of Revenue; JOHN J. ACARDO, in his official capacity as DeKalb County Clerk and Recorder; KAREN A. STUKEL, in her official capacity as Will County Recorder; NANCY MCPHERSON, in her official capacity as Winnebago County Recorder; DAWN YOUNG, in her official capacity as Whiteside County Recorder; DEBBIE GILLETTE, in her official capacity as Kendall County Recorder; SANDY WEGMAN, in her official capacity as Kane County Recorder, Defendants 3:12-cv-50230 6/22/2012 6/22/2012 oldmortgagedaily.com/LawsuitFhfaIL062212.asp
Bank of America, MERS Dallas County U.S. District Court for the Northern District of Texas Judge denied request by defendant to dismiss. DALLAS COUNTY, TEXAS, HARRIS COUNTY, TEXAS, AND BRAZORIA COUNTY, TEXAS ON BEHALF OF THEMSELVES AND ALL OTHER SIMILARLY SITUATED COUNTIES IN TEXAS, Plaintiffs, v. MERSCORP, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; STEWART TITLE GUARANTY COMPANY; STEWART TITLE COMPANY; BANK OF AMERICA, NATIONAL ASSOCIATION; and ASPIRE FINANCIAL, INC. d/b/a TEXASLENDING.COM, Defendants 3:11-cv-02733-O 9/21/2011 5/23/2012 oldmortgagedaily.com/LitigationFees061712.asp
MERSCORP Inc., Mortgage Electronic Registration Systems Inc. Barbour County, Ala., Probate Judge Nancy O. Robertson U.S. District Court for the Middle District of Alabama na Remand granted to plaintiff. Motion to dismiss filed on April 26. Nancy O. Robertson, in her capacity as Probate Judge of Barbour County, Alabama, on behalf of herself and all others similarly situation v. MERSCORP, Inc. 2:11cv1111-MHT 4/2/2012 May oldmortgagedaily.com/LitigationFees061712.aspoldmortgagedaily.com/LitigationTitle052912.aspoldmortgagedaily.com/MctLawsuitMersKy042812.asp
Mortgage Electronic Registration, Inc. State of Indiana, ex rel Barrett Bates Marion Superior Court na Judge found that plaintiff failed to adequately plead his case under the Indiana Whistleblower and False Claims Act in win for MERS. State of Indiana, ex rel Barrett Bates v. Mortgage Electronic Registration, Inc. 49D12-0911-CT-051743 11/12/2009 6/22/2012 oldmortgagedaily.com/LitigationFees091012.asp
SunTrust Mortgage Inc. United States of America U.S. District Court for the Eastern District of Virginia $21,000,000 Settlement reached. United States of America, Plaintiff, v. SunTrust Mortgage Inc., Defendant 3:12-cv-00397-REP 5/31/2012 oldmortgagedaily.com/LitigationFairLending060412.aspoldmortgagedaily.com/MctSettlementSuntrust060112.asp
Bank of America Angelini U.S. District Court for the District of Maryland na Complaint filed. Angelini v. Bank of America, et al 1:12-cv-01748 6/13/2012 6/13/2012 oldmortgagedaily.com/LitigationFees091012.asp
Quicken Loans Inc. Freeman U.S. Supreme Court na Appeals court decision overturned. Freeman v. Quicken Loans Inc. 10-1042 5/24/2012 oldmortgagedaily.com/LawsuitQuickenFees052412.asp
Fifth Third Bank, et al Christopher Manners, Jamie Young, Aimee Young 3rd U.S. Circuit Court of Appeals na Defendant accused of taking “disguised, unlawful referral fees” or “kickbacks” from mortgage insurers. Fifth Third Bank, et al na 4/5/2012 4/5/2012 oldmortgagedaily.com/MctLawsuit53MI040712.asp
GFI Mortgage Bankers United States of America U.S. District Court for the Southern District of New York $3,000,000 Complaint filed alleging violations of Fair Housing Act and Equal Credit Opportunity Act. United States of America, Plaintiff, -v.- GFI Mortgage Bankers Inc., Defendant 1:12-cv-02502-KBF 4/2/2012 4/2/2012 oldmortgagedaily.com/LawsuitGfiDiscrimination040312.asp

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