|
Defendant
|
Plaintiff
|
Court
|
Amount
|
Overview
|
Case Title |
Case Number
|
Date Filed |
Link to StoryLink to Story |
| Bank of America, ReconTrust |
na |
U.S. District Court |
na |
BofA attorney said at hearing that proposed class action lawsuit should be dismissed because federal bank laws empower ReconTrust to preempt a state law requiring Utah attorneys and title companies to carry out foreclosure filings and sales.
|
na |
na |
na |
www.mortgagedaily.com/litigationforeclosures091411.asp |
| Joan B. Paul |
Wells Fargo Bank N.A. |
District Court of Appeal – Second District Florida |
n/a |
Appellate Court reversed order of foreclosure where individual with power of attorney for borrower wasn’t provided notice of the proceedings. |
Paul v. Wells Fargo Bank N.A. |
No. 2D10-3889 |
9/2/2011 |
www.mortgagedaily.com/litigationforeclosures091411.asp |
| Law Offices of Kramer and Kaslow et al. |
State of California |
Superior Court – County of Los Angeles |
n/a |
Attorney General filed suit against group of lawyers operating “mass joinder” lawsuit fraud inducing homeowners to pay upfront retainer fees in exchange for joining lawsuits to stop foreclosure proceedings. |
State of California v. Law Offices of Kramer & Kaslow, et al. |
No. LC094571 |
8/15/2011 |
www..www.mortgagedaily.com/litigationforeclosurefirms092711.asp |
| Rebecca Orebaugh |
Fifth Third Mortgage Co. |
Court of Appeals of Ohio – 12th District |
n/a |
Default judgment against borrower who answered foreclosure complaint one day late was reversed. |
Fifth Third Mortgage Co. v. Orebaugh |
No. CA2011-03-039 |
9/6/2011 |
www.mortgagedaily.com/litigationforeclosures091411.asp |
| Ethyl R. Seeley; Clarence Davidson; Pamela Davidson, et al. |
U.S. Bank National Association |
Court of Appeals of Indiana |
$98,500 |
Court of Appeals in Indiana affirmed grant of summary judgment to borrower who presented an affidavit from the original title company that an October 1999 payoff should have released the mortgage. |
U.S. Bank Nat’l Assoc. v. Seeley et al. |
21A04-1102-MF-84 |
n/a |
www.mortgagedaily.com/LitigationForeclosures080311.asp |
| Rosa Paiz |
U.S. Bank, N.A. |
Fourth District Court of Appeals – Florida |
n/a |
An appeals court allowed a foreclosure sale to proceed by denying a borrower’s motion to vacate the order of foreclosure. |
U.S. Bank N.A. v. Paiz |
No. 3D11-891 |
8/17/2011 |
www.mortgagedaily.com/litigationforeclosures091411.asp |
| Chase Home Finance, LLC |
Jonathon Rowles, individually and as class representative of others similarly situated |
U.S. District Court for the District of South Carolina |
$27,000,000 |
JP Morgan Chase & Co. announced in April that it agreed to settle a class action lawsuit over financial protections that are due military borrowers under the Servicemembers Civil Relief Act. The agreement is subject to court approval and calls for Chase to make $27 million in benefits available to military customers. |
Rowles v. Chase Home Finance LLC |
9:10-01756-MBS |
7/6/2010 |
www.mortgagedaily.com/LitigationCompliance081711.asp� |
| CitiMortgage Inc. |
Jorge Rodriguez |
U.S. District Court for the Southern District of New York |
n/a |
Rodriguez sued Citi under the Servicemembers Civil Relief Act because Citi filed a foreclosure against his Texas home while he was training for deployment to Iraq. |
Rodriguez v. CitiMortgage Inc. |
11-cv-04718 |
7/8/2011 |
www.mortgagedaily.com/LitigationForeclosure071111.asp |
| Avatar Realty Group; Arthur Monroe; Monroe Realty Corp. |
State of Illinois |
Cook County Circuit Court |
$37,000 |
The State of Illinois filed suit alleging fraudulent scheme to charge upfront fees to homeowners in exchange for bogus loan modification services. |
State of Illinois v. Avatar Realty Group, Inc. |
n/a |
7/27/2011 |
www..www.mortgagedaily.com/litigationforeclosurefirms092711.asp |
| Christopher Mallett |
Federal Trade Commission |
U.S. District Court for the District of Columbia |
n/a |
Complaint filed alleging Mallett operated misleading website offering foreclosure relief services. |
FTC v. Mallett |
No. 11-civ-80155 |
n/a |
www..www.mortgagedaily.com/litigationforeclosurefirms092711.asp |
| Diversified Real Estate Consultants, LLC; Dream Management USA, LLC; Precision Processing Solutions Int’l. LLC; Daniel Depasquale |
State of Ohio |
Cuyahoga Court of Common Pleas |
$36,000 |
The State filed suit alleging fraudulent scheme to charge upfront fees to homeowners in exchange for bogus loan modification services. |
State of Ohio ex rel. Attorney General Michael Dewine v. Diversified Real Estate Consultants, LLC et al. |
No. cv11 759351 |
7/12/2011 |
www..www.mortgagedaily.com/litigationforeclosurefirms092711.asp |
| Homesafe America,United Legal Solutions |
na |
Nassau County Supreme Court – New York |
na |
Temporary restraining order issued. |
na |
na |
na |
www..www.mortgagedaily.com/litigationforeclosurefirms092711.asp |
| Save My Home Corp.; Save My Home Now Inc.; Express Home Solutions; Home Preserve Law Group |
Ayana Rush; Gul Magsood; Angel Osmanzai; Rahim Maqsood; Mohammed Shukran; Rita Idavoy; Rebecca Verna; Brian Verna; Ariel Cross-Edwards |
Nassau County Supreme Court – New York |
$3,000,000 |
Deceptive Trade Practices Act claim filed against foreclosure relief industry defendants; temporary restraining order in place precluding defendants from further operations. |
Rush v. Save My Home Corp. |
n/a |
7/5/11 |
www..www.mortgagedaily.com/litigationforeclosurefirms092711.asp |
| Skyline Capital, Inc.; Rahul Shah |
State of Illinois |
Cook County Circuit Court |
$23,000 |
The State of Illinois filed suit alleging fraudulent scheme to charge upfront fees to homeowners in exchange for bogus loan modification services. |
State of Illinois v. Skyline Capital, Inc. |
n/a |
7/27/2011 |
www..www.mortgagedaily.com/litigationforeclosurefirms092711.asp |
| U.S. Mortgage Funding, Louis Gendason |
Federal Trade Commission |
U.S. District Court for the Southern District of Florida |
na |
Gendason added as a defendant |
Federal Trade Commission, Plaintiff v. U.S. Mortgage Funding, Inc., Debt Remedy Partners, Inc., Lower my Debts.com, LLC, David Mahler, individually and as an officer of Debt Remedy Partners, Inc. and a former officer of U.S. Mortgage Funding, Inc., and John Incandela, Jr., aka Jonathan Incandela, Jr., individually and as a former officer of U.S. Mortgage Funding, Inc. and a manager of Lower My Debts.com, LLC, and Jamen Lachs, individually and as an officer of U.S. Mortgage Funding, Inc., Defendants. |
Case No. 11-Civ-80155, FTC File No. 102 3146Â |
|
www..www.mortgagedaily.com/litigationforeclosurefirms092711.asp |
| Wells Fargo Bank, N.A.; Wells Fargo Financial Leasing, Inc. |
Mayor and City Council of Baltimore |
U.S. District Court for the District of Maryland |
n/a |
Settlement talks started. The lawsuit alleges that defendants targeted African-American borrowers in predominately black neighborhoods knowing they would default on their loans, so that defendants could ultimately sell their accounts to investors. |
Mayor and City Council of Baltimore v. Wells Fargo Bank, N.A., et al. |
JFM 1:08 CV-00062 |
6/1/2009 |
www.mortgagedaily.com/MctLawsuitWellsMemphis083011.asp  |
| 63 Home owners |
Banks seeking to foreclose |
U.S. District Court for the District of Rhode Island |
n/a |
U.S. District Court Judge John J. McConnell Jr. put more than 60 cases challenging foreclosure proceedings across Rhode Island on hold and ordered the bank and borrowers to engage in “direct and serious” settlement talks. |
In re Mortgage Foreclosure Cases |
Misc. No. 11-mc-88-M-LDA |
8/16/2011 |
www.mortgagedaily.com/MctForeclosuresRI082011.asp |
| Ally Financial Inc., GMAC Mortgage LLC; Jeffrey Stephan |
State of Ohio, ex rel Richard Cordray, Attorney General of Ohio |
U.S. District Court for the Northern District of Ohio |
n/a |
In November of 2010, then AG of Ohio, Cordray, filed suit against defendant for engaging in allegedly deceptive debt-collection practices using false affidavits to obtain judgments against debtors. The affidavits falsely claimed that the signer had personal knowledge of the debt. The suit was removed to federal court and the judge has refused several motions to dismiss while awaiting a decision by the Ohio Supreme Court on a question of state law. |
State of Ohio ex rel Richard Cordray, Attorney General of Ohio v. Ally Financial Inc., et al. |
3:2010cv02537 |
11/5/2010 |
www.mortgagedaily.com/MctLawsuitMidland081611.asp |
| Bank of America |
Tom Miller, Attorney General for State of Iowa |
n/a |
n/a |
Tom Miller, along with 49 other attorney generals and federal officials, are negotiating a settlement with Bank of America for robo-signing. |
n/a |
n/a |
n/a |
www.mortgagedaily.com/MctBoa072311.asp |
| Catherine Paige Parker |
LaSalle Bank N.A., trustee |
Fourth District Court of Appeals – Florida |
n/a |
Appellate court determined that service by publication was inadequate where servicer failed to conduct diligence for service of notice of foreclosure. |
Parker v. LaSalle Bank, N.A. |
No. 4D10-482 |
8/10/2011 |
www.mortgagedaily.com/litigationforeclosures091411.asp |
| Deutsche Bank National Trust Co. |
Angela T. Turner |
Mississippi Court of Appeals |
$58,840 |
The court of appeals reversed a decision for Deutsche Bank because Deutsche Bank did not comply with the state’s service of process rules. |
Turner v. Deutsche Bank Nat’l Trust Co. |
2009-CA-01601-COA |
6/14/2011 |
www.mortgagedaily.com/LitigationForeclosure071111.asp |
| Deutsche Bank National Trust Co. |
Jenny and Galo Valencia |
Florida Court of Appeals, Fourth District |
n/a |
The homeowners convinced the court of appeals to reverse a foreclosure because Deutsche Bank could not find the original default letter as required by Florida law, which created a genuine issue of material fact for the trial court to decide on remand. |
Valencia v. Deutsche Bank Nat’l Trust Co. |
4D09-3297 |
6/22/2011 |
www.mortgagedaily.com/LitigationForeclosure071111.asp |
| Deutsche Bank National Trust Co. |
People of the State of California |
Superior Court of California, Los Angeles |
n/a |
Los Angeles City Attorney Carmen Trutanich accuses Deutsche Bank of being the largest slumlord in the city by purchasing more than 2,200 properties through foreclosure and letting vacant buildings fall into disrepair; Deutsche Bank also accused of illegally evicting low-income tenants. |
People v. Deutsche Bank Nat’l Trust Co. |
BC460878 |
5/4/2011 |
www.mortgagedaily.com/MctLawsuitDeutsche071211.asp |
| Deutsche Bank National Trust Company, as Indenture Trustee of the Aames Mortgage Investment Trust 2005-1, |
Pedro F. Laurencio; Esteves Pedro a/k/a Adelaida Laurencio; Accredited Home Lenders, Inc.; Successor by Merger to Aames Funding Corporation d/b/a Aames Home Loan; City of Cape Coral; Tenant #1 n/k/a Adaleida Laurencio; Tenant #2 n/k/a Pedro Laurencio |
District Court of Appeal of Florida, Second District |
$200,715 |
Letter from Deutsche Bank to Borrowers said they would have 30 days to cure default, but then filed a foreclosure complaint two days later. |
Laurencio et al. v. Deutsche Bank Nat’l Trust Co., as Indenture Trustee of the Aames Mortgage Investment Trust 2005-1 |
2D10-2448 |
n/a |
www.mortgagedaily.com/LitigationForeclosures080311.asp |
| Eric Hankins et al. |
Kondaur Capital Corporation |
Supreme Judicial Court of Maine |
$206,238 |
Summary judgment for Kondaur (Lender) was vacated and remanded by Supreme Judicial Court of Maine. |
Kondaur Capital Corporation v. Hankins |
Han-10-529 |
n/a |
www.mortgagedaily.com/LitigationForeclosures080311.asp |
| Eric P. Gick; Marilyn Gick |
Wells Fargo Bank N.A. |
District Court of Appeal – Fifth District Florida |
n/a |
Appellate Court reverses foreclosure order because complaint wasn’t verified. |
Wells Fargo Bank N.A., trustee v. Gick |
n/a |
n/a |
www.mortgagedaily.com/litigationforeclosures091411.asp |
| Fisher and Shapiro LLC |
Stacy Hill |
U.S. District Court for the Northern District of Illinois |
n/a |
Hill claims that Fisher and Shapiro altered a foreclosure affidavit and violated the Fair Debt Collections Practices Act and an Illinois consumer protection act. |
Hill v. Fisher and Shapiro LLC |
1:2011-cv-04198 |
6/20/2011 |
www.mortgagedaily.com/LitigationForeclosure071111.asp |
| Homecomings Financial Network, Inc. |
Tiffany Brown and James McCray |
Missouri Court of Appeals, Western District |
$143,031 |
The court of appeals reversed a trial court’s decision when the homeowners’ refinancing company, Homecomings, failed to pay taxes and insurance and the homeowners were led to believe that their lower payments were a result of the refinancing. The court remanded the case to the trial court to determine damages related to the homeowners’ unjust enrichment claim. |
Brown v. Homecomings Fin. Network, Inc. |
WD71415 |
6/21/2011 |
www.mortgagedaily.com/LitigationForeclosure071111.asp |
| HomeQ Servicing, Inc.; Bank of New York Mellon Trust Co.; Patrick King; Administrative Office of the Courts Foreclosure Mediation Program |
Philip and Patricia Redmon |
Supreme Court of Nevada |
n/a |
The Supreme Court of Nevada remanded the case to the trial court to determine whether HomeQ should be sanctioned for failing to have someone present at mediation with the authority to negotiate the homeowners’ loan. |
Redmon v. HomeQ Servicing, Inc., et al. |
56358 |
7/7/2011 |
www.mortgagedaily.com/MctForeclosureNv071111.asp |
| HSBC Bank USA; Power Default Services; American Home Mortgage Servicing Inc. |
Emiliano and Yvette Pasillas |
Supreme Court of Nevada |
n/a |
The Supreme Court of Nevada remanded the case to the trial court to determine the proper amount of sanctions after HSBC failed to comply with the state’s Foreclosure Mediation Rules by not having proper documentation present at the mediation and by not participating in good faith. |
Pasillas v. HSBC Bank USA, et al. |
56393 |
7/7/2011 |
www.mortgagedaily.com/MctForeclosureNv071111.asp |
| Irene Taher |
HSBC Bank USA, N.A. |
NY Supreme Court, Kings County |
n/a |
State Supreme Court Justice in Brooklyn, NY, is threatening sanctions against CEO of HSBC Bank–Irene Dorner– for false and misleading documents used in a foreclosure case. |
HSBC Bank USA, N.A. v. Irene Taher |
2011 NY Slip Op 51208(U) |
n/a |
www.mortgagedaily.com/Mctforeclosuresny073111.asp |
| Lender Processing Services, Inc. and DocX, LLC |
American Home Mortgage Servicing Inc. |
In the District Court, Dallas County, Texas |
“millions” |
Plaintiff, a Coppell, Texas-based servicer claims that it has lost millions of dollars because “LPS and DocX’s improper execution, notarization, and recording of mortgage assignments affecting more than 30,000 residential mortgages across the country.”  |
American Home Mortgage Servicing, Inc., v. Lender Processing Services, Inc., et al. |
11-10440 |
8/23/2011 |
www.mortgagedaily.com/LawsuitAmericanHome082311.asp |
| Litton Loan Servicing LP |
Brian J. Casey, et al |
U.S. District Court for the District of Maryland |
n/a |
Casey and a class are suing Litton for robo-signing and mishandling borrower’s loan history. |
Casey v. Litton Loan Servicing LP |
1:11-cv-00787 |
3/25/2011 |
www.mortgagedaily.com/MctServicers070411.asp |
| Michael S. Prater |
PHH Mortgage Corporation |
Court of Appeals of Ohio, Twelfth District, Clermont County |
n/a |
Ohio Court of Appeals denied PHH’s motion to set aside the sale on the grounds that it did not receive notice (received notice on web rather than in mail, as in prior occurrences). |
PHH Mortgage Corp. v. Prater, et al. |
CA2010-12-095 |
n/a |
www.mortgagedaily.com/LitigationForeclosures080311.asp |
| Mohsen Fanous |
First Horizon Home Loans |
Court of Appeals of Ohio – 8th District |
n/a |
A foreclosure was set aside due to a forbearance agreement, and appeals court affirmed decision. |
First Horizon Home Loans, Inc. v. Mohsen Fanous |
No. 95924 |
8/25/2011 |
www.mortgagedaily.com/litigationforeclosures091411.asp |
| n/a |
JPMorgan Chase Bank and Chase Home Finance, LLC; Bank of America D/B/A BAC Home Loans Servicing,, LP; Wells Fargo Bank, N.A.; Citibank, N.A.; Citi Residential Lending, Inc., |
Superior Court of New Jersey, Chancery Division – General Equity Part-Mercer County |
n/a |
Four major lenders, Bank of America, Citibank, JPMorgan Chase and Wells Fargo, were cleared to start filing foreclosures again in New Jersey, almost eight months after the state’s chief justice halted most foreclosures following reports of legal irregularities in affidavits and foreclosure documents. |
In re Residential Mortgage Foreclosure Pleading and Document Irregularities |
F-59553-10 |
n/a |
www.mortgagedaily.com/MctForeclosuresNJ081611.asp |
| na |
Ally Financial Inc. |
New Jersey Supreme Court |
na |
Foreclosures were authorized to resume after the judge’s prior decision to halt a total six cases. |
na |
na |
na |
www.mortgagedaily.com/litigationforeclosures091411.asp |
| na |
Bank of America |
New Jersey Supreme Court |
na |
Foreclosures were authorized to resume after the judge’s prior decision to halt a total six cases. |
na |
na |
na |
www.mortgagedaily.com/litigationforeclosures091411.asp |
| na |
Citibank |
New Jersey Supreme Court |
na |
Foreclosures were authorized to resume after the judge’s prior decision to halt a total six cases. |
na |
na |
na |
www.mortgagedaily.com/litigationforeclosures091411.asp |
| na |
JPMorgan Chase |
New Jersey Supreme Court |
na |
Foreclosures were authorized to resume after the judge’s prior decision to halt a total six cases. |
na |
na |
na |
www.mortgagedaily.com/litigationforeclosures091411.asp |
| na |
OneWest |
New Jersey Supreme Court |
na |
Foreclosures were authorized to resume after the judge’s prior decision to halt a total six cases. |
na |
na |
na |
www.mortgagedaily.com/litigationforeclosures091411.asp |
| na |
Wells Fargo |
New Jersey Supreme Court |
na |
Foreclosures were authorized to resume after the judge’s prior decision to halt a total six cases. |
na |
na |
na |
www.mortgagedaily.com/litigationforeclosures091411.asp |
| ReconTrust Company, N.A. |
State of Washington |
King County Superior Court |
n/a |
The State of Washington sued ReconTrust, a subsidiary of Bank of America Corp., for illegally foreclosing on thousands of borrowers in the last three years. |
State of Washington v. ReconTrust, N.A. |
2:2011cv01460 |
9/2/2011 |
www.mortgagedaily.com/MctLawsuitBoaWa080611.asp |
| Shedrick Arbonnetta Bucknor; Unknown spouse of Shedrick Arbonnetta; Unknown Person(s) in Possession of Subject Property; Suncoast Schools Federal Credit Union; South Pointe Homeowners Association, Inc. |
Novastar Mortgage Inc. |
District Court of Appeal of Florida, Second District |
n/a |
Borrower told Novastar (Lender) he would reclaim the property by paying it off, Borrower claims lender told him the sale would be cancelled, but it wasn’t. Court reversed. |
Novastar Mortgage Inc. v. Bucknor et al. |
2D10-4545 |
n/a |
www.mortgagedaily.com/LitigationForeclosures080311.asp |
| Wells Fargo Home Mortgage Inc. |
Mark Demucha |
California Court of Appeals, Fifth District |
n/a |
The court of appeals overruled Wells Fargo’s demurrer to most of the claims made by the homeowners in connection with a foreclosure suit. |
Demucha v. Wells Fargo Home Mortgage, Inc. |
F059476 |
7/5/2011 |
www.mortgagedaily.com/LitigationForeclosure071111.asp |
| Christine Kimball |
U.S. Bank National Association |
Supreme Court of Vermont |
$185,520 |
U.S. Bank lost an appeal of a summary judgment against its foreclosure of a property in Vermont. |
U.S. Bank Nat’l Association, v. Kimball |
2010-169 |
n/a |
www.mortgagedaily.com/LitigationForeclosures080311.asp |
| Countrywide Home Loans, Inc.; Mortgage Electronic Registration Systems, Inc.; Recon Trust Co., |
Jose Gomes |
U.S. Supreme Court |
n/a |
Appeal sought in review of the lawsuit, which challenges MERS’ ability to foreclose without proving that it had the noteholder’s authority to foreclose. |
Gomes v. Countrywide Home Loans, Inc., et al. |
11-195 |
8/17/2011 |
www.mortgagedaily.com/LawsuitAppealMers081711.asp |
| J.P. Morgan Chase; Chase Home Finance Corp. |
Linda Patricia Zimmerman et al. |
Palm Beach County Court |
n/a |
Suit seeking injunction against JP Morgan Chase from foreclosures based on improper documentation, faulty assignments, MERS problems, and related issues. |
Zimmerman v. JP Morgan Chase Bank NA et al. |
No. 502011CA012855XXXXMB |
8/25/2011 |
www.mortgagedaily.com/mctlawsuitchase091411.asp |
| Jacqueline Bethea; Constance Lawrence Mitchell; GMAC |
Deutsche Bank Nat. Trust Co., trustee |
Superior Court of New Jersey – Appellate Division |
n/a |
Foreclosure vacated because servicer initiated foreclosure one day prior to obtaining an assignment of the note. |
Deutsche Bank Nat. Trust Co., trustee, v. Bethea et al. |
No A-4925-09T3 |
8/9/2011 |
www.mortgagedaily.com/litigationforeclosures091411.asp |
| Lehman Brothers Bank, FSB, A Federal Savings Bank; Mortgage Electronic Registration Systems (“MERS”); Aurora Loan Services, LLC |
Anthony Bucci; Stephanie Bucci |
Rhode Island Supreme Court |
n/a |
Plaintiffs’ lawsuit challenged MERS’ to foreclose on their home. The Supreme Court of Rhode Island ruled that MERS, as mortgagee and nominee for the mortgagee, may exercise the statutory power of sale in its own name. |
Bucci v. Lehman Brothers Bank, et al. |
PC-09-3888 |
8/25/2009 |
www.mortgagedaily.com/MctForeclosuresRI082011.asp |
| Mortgage Electronic Registration Services, Inc.; Domestic Savings Bank; Credit Northeast; Countrywide Home Loan Servicing, LP; Bank of America, N.A.; BAC Home Loans Servicing, LP; Federal National Mortgage Association |
Robert E. Moll |
U.S. District Court for the District of Rhode Island |
n/a |
Plaintiff’s lawsuit asks the court to declare certain mortgage assignments void and to rule that he owns his property as a matter of law. Defendants filed a Motion to Dismiss his complaint in July, arguing that Moll expressly granted the mortgage interest to MERS and its successors in signing the mortgage. |
Moll v. Mortgage Electronic Registration Services, Inc., et al. |
1:2011cv00004 |
1/5/2011 |
www.mortgagedaily.com/MctForeclosuresRI082011.asp |
| Mortgage Electronic Registration System Inc., CitiMortgage Inc. |
Commonwealth Property Advocates |
Utah Court of Appeals |
n/a |
Appeals court affirmed summary judgment for MERS and Citi, acknowledging MERS’ authority to hold and transfer the security interest under the deed of trust. |
Commonwealth Property Advocates, LLC v. Mortgage Electronic Registration System, Inc. et al. |
20100888-CAÂ |
14-Jul |
www.mortgagedaily.com/LitigationForeclosures080311.asp, www.mortgagedaily.com/LitigationTitle100911.asp |
| Moshe Mazine; Jaacov Bouskila |
M&I Bank |
District Court of Appeal of Florida, First District |
n/a |
District Court of Appeal of Florida, First District, agreed with borrowers and reversed lower court’s decision because the lender on the note was different than the plaintiff listed on the foreclosure complaint. |
Mazine et al. v. M&I Bank |
1D10-2127 |
n/a |
www.mortgagedaily.com/LitigationForeclosures080311.asp |
| na |
HSBC Bank USA |
U.S. Bankruptcy Court |
n/a |
Judge ruled in favor of HSBC in deciding that assignment from Mortgage Electronic Registration Systems Inc. conveyed legal title. |
n/a |
n/a |
n/a |
www.mortgagedaily.com/LitigationForeclosures080311.asp |
| National Default Servicing Corp.; America’s Servicing Co.; Wells Fargo Co. |
Moises Leyva |
Supreme Court of Nevada |
n/a |
The Supreme Court of Nevada ruled that the state’s Foreclosure Mediation statute applies even if the current borrower is not the original borrower, and allowed Leyva to mediate with Wells Fargo and the loan’s servicers. |
Leyva v. Nat’l Default Serv. Corp. |
55216 |
7/7/2011 |
www.mortgagedaily.com/LitigationForeclosure071111.asp, www.mortgagedaily.com/MctForeclosureNv071111.asp |
| Wells Fargo Bank N.A.; Mortgage Electronic Registration Systems, Inc. |
Andrew Neilson |
U.S. District Court for the District of Oregon |
|
The court held that the MERS assignment process is acceptable. |
Neilson v. Wells Fargo Bank N.A. |
No. 3:2010cv01516 |
8/8/2011 |
www.mortgagedaily.com/litigationforeclosures091411.asp |
| America’s Wholesale Lender |
Harris |
Macomb County Circuit Court |
na |
Ruling in favor of MERS. |
Harris v. America’s Wholesale Lender |
Case No. 2011-0659-CH |
8-Jun |
www.mortgagedaily.com/LitigationTitle100911.asp |
| Bank of America |
Jon Charles Beyer and Shelley Beyer |
U.S. District Court for the District of Oregon |
na |
The court held that the MERS assignment process is acceptable. |
Beyer v. Bank of America |
Case 3:10-cv-00523-MO |
8/2/2011 |
www.mortgagedaily.com/LitigationTitle100911.asp, www.mortgagedaily.com/litigationforeclosures091411.asp |
| Brooks |
Freddie Mac |
U.S. District Court for Alabama’s Eastern Division |
na |
Ruling in favor of MERS. |
Freddie Mac v. Brooks |
Case No. 3:11-cv-00313-WHA-SRW |
Aug. 22 |
www.mortgagedaily.com/LitigationTitle100911.asp |
| Countrywide |
Robinson |
California Appellate Court, Fourth District |
na |
Ruling in favor of MERS. |
Robinson v. Countrywide |
Super.Ct.No. RIC526427 |
Sep. 12 |
www.mortgagedaily.com/LitigationTitle100911.asp |
| Countrywide Home Loans Servicing |
March |
U.S. District Court in the Eastern District of Michigan Southern Division |
na |
Ruling in favor of MERS. |
March v. Countrywide Home Loans Servicing |
Case No. 2:10-cv-12650-MOB-MAR |
12-Jul |
www.mortgagedaily.com/LitigationTitle100911.asp |
| Countrywide Home Loans, Inc.; Federal Home Loan Corp.; Mortgage Electronic Registration Systems, Inc.; GMAC Mortgage LLC; J.P. Morgan Chase Bank, N.A.; CitiMortgage, Inc. |
Olg Cervantes et al. |
U.S. Court of Appeals for the Ninth Circuit |
n/a |
Appeals Court upholds MERS systems of assigning notes accompanying mortgages and validates MERS as a method of recordation. |
Cervantes et al. v. Countrywide Home Loans, Inc. |
Case No. 09-17364 |
9/7/2011 |
www.mortgagedaily.com/litigationforeclosures091411.asp, www.mortgagedaily.com/LitigationTitle100911.asp |
| Deutsche Bank |
Somers |
Fifth Judicial District, County of Clackamas |
na |
Ruling in favor of MERS. |
Somers v. Deutsche Bank |
Case No. CV 11020133, Case No. FE110027 |
6-Jul |
www.mortgagedaily.com/LitigationTitle100911.aspwww.mortgagedaily.com/LitigationTitle100911.asp |
| GMAC Mortgage |
Barker |
U.S. District Court for the District of Oregon |
na |
Ruling in favor of MERS. |
Barker v. GMAC Mortgage |
Case 3:11-cv-00579-MO |
Aug. 3 |
www.mortgagedaily.com/LitigationTitle100911.asp |
| Goldman Sachs Mortgage |
Larota-Florez |
U.S. Fourth Circuit Court of Appeals |
na |
Ruling in favor of MERS. |
Larota-Florez v. Goldman Sachs Mortgage |
Case No. 1:09-cv-01181-CMH-IDD |
28-Jul |
www.mortgagedaily.com/LitigationTitle100911.asp |
| HSBC |
Calvo |
California Appellate Court, Second District |
na |
Ruling in favor of MERS. |
Calvo v. HSBC |
Super. Ct. No. BC415545 |
Sep. 13 |
www.mortgagedaily.com/LitigationTitle100911.asp |
| McCalla Raymer |
Jenkins |
U.S. District Court for the Northern District of Georgia |
na |
Ruling in favor of MERS. |
Jenkins v. McCalla Raymer |
Case No. 1:10-cv-03732-CAP |
Aug. 31 |
www.mortgagedaily.com/LitigationTitle100911.asp |
| MERS |
Graves |
19th Judicial Circuit of Virginia |
na |
Ruling in favor of MERS. |
Graves v. MERS |
Case No. CL-2010-17101 |
29-Jun |
www.mortgagedaily.com/LitigationTitle100911.asp |
| Mortgage Electronic Registration Systems, Inc. |
Henderson |
Alabama Supreme Court |
na |
Ruling in favor of MERS. |
Henderson v. Mortgage Electronic Registration Systems, Inc. |
Case No. CV-2008-900805.00 |
Sep. 9 |
www.mortgagedaily.com/LitigationTitle100911.asp |
| Pendergast, et al. |
Higgs |
U.S. District Court for the Northern District of Georgia |
na |
Ruling in favor of MERS. |
Higgs v. Pendergast, et al. |
Case No. 1:10-cv-03729-HTW |
29-Sep |
www.mortgagedaily.com/LitigationTitle100911.asp |
| U.S. Bank and MERS |
Waide |
Montana’s Thirteenth Judicial District Court |
na |
Ruling in favor of MERS. |
Waide v. U.S. Bank and MERS |
Cause No. DV 10-1763 |
28-Jun |
www.mortgagedaily.com/LitigationTitle100911.asp |
| US Bank Nat’l Ass’n |
Williams |
U.S. District Court in the Eastern District of Michigan Southern Division |
na |
Ruling in favor of MERS. |
Williams v US Bank Nat’l Ass’n |
Case 5:10-cv-14967-JCO-VMM |
9-Jun |
www.mortgagedaily.com/LitigationTitle100911.asp |
| Wells Fargo |
Neilson |
U.S. District Court for the District of Oregon |
na |
Ruling in favor of MERS. |
Neilson v. Wells Fargo |
Case 3:10-cv-01516-MO |
Aug. 9 |
www.mortgagedaily.com/LitigationTitle100911.asp |
| National Relief Group |
State of West Virginia |
Kanawha County Circuit Court |
n/a |
The State filed suit alleging fraudulent scheme to charge upfront fees to homeowners in exchange for bogus loan modification services. |
n/a |
n/a |
7/14/2011 |
www..www.mortgagedaily.com/litigationforeclosurefirms092711.asp |
| Premier Legal Advocates; Brian Pascal |
State of Indiana |
Shelby County Court |
n/a |
The State filed suit alleging fraudulent scheme to charge upfront fees to homeowners in exchange for bogus loan modification services. |
n/a |
n/a |
7/27/2011 |
www..www.mortgagedaily.com/litigationforeclosurefirms092711.asp |
| Sima Schwartz |
HomeQ Servicing, agent for Deutsche Bank Nat. Trust Co., trustee |
U.S. Bankruptcy Court for the District of Massachusetts |
n/a |
Bankruptcy Court determined that MERS assignment process is insufficient to allow for foreclosure by a servicer. |
In re Schwartz |
No. 06-42476-MSH |
8/22/2011 |
www.mortgagedaily.com/litigationforeclosures091411.asp |
| CityPlace Retail LLC |
CSMS 2001-C1 South Rosemary LLC |
Palm Beach County Court |
$150,000,000 |
Commercial real estate foreclosure lawsuit. |
CSMC 2007-C1 South Rosemary LLC v. CityPlace Retail LLC |
No. 11-013227 |
n/a |
www.mortgagedaily.com/litigationforeclosures091411.asp |
| Wekesa Madzimoyo |
JP Morgan Chase Bank |
U.S. Court of Appeals for the Eleventh Circuit |
n/a |
Appellate Court ruled that district court should not have accepted jurisdiction over a foreclosure proceeding removed from state court. |
n/a |
n/a |
n/a |
www.mortgagedaily.com/litigationforeclosures091411.asp |
| Ocwen Financial Corp.; Goldman Sachs Bank USA; Litton Loan Servicing, LP |
New York Department of Financial Services and Banking Department |
New York Department of Financial Services and Banking Department |
n/a |
The Superintendant of Financial Services announced that the Department of Financial Services and Banking Department has entered into an agreement with Ocwen, Goldman Sachs, and Litton Loan Servicing, requiring Goldman Sachs to write down principal on NY mortgages as a condition of selling its mortgage servicing subsidiary. Goldman acquired Litton in 2007 now seeks to sell Litton to Ocwen in a $264 million all-cash transaction. As part of the transactions, all three firms will adhere to “new mortgage servicing practices.” |
Agreement on Mortgage Servicing Practices |
n/a |
9/1/2011 |
www.mortgagedaily.com/SettlementNY090111.asp |
| Legacy Bank of Florida |
John R. Hock; Doreen T. Zic-Hock |
District Court of Appeal of Florida, Fourth District |
n/a |
Petitioners filed a petition for certiorari challenging an order of the circuit court requiring petitioners to post a $400,000 bond into the court registry as a condition to their claim of rescission of a home equity mortgage on their residence. The appellate court dismissed the petition finding that it failed to show irreparable harm not remedial on appeal. |
Hock, et al. v. Legacy Bank of Florida |
4D10-3872 |
4/20/2011 |
www.mortgagedaily.com/LitigationCompliance081711.asp� |
| Cary Jay Silberman; Robert Francis Childs |
State of California |
Santa Clara County Court |
n/a |
Criminal conviction in relation to foreclosure prevention scam |
n/a |
n/a |
n/a |
www..www.mortgagedaily.com/litigationforeclosurefirms092711.asp |
| Howard R. Shmuckler |
United States |
U.S. District Court for the Eastern District of Virginia |
n/a |
Defendant was charged by a federal grand jury with operating The Shmuckler Group, a fraudulent mortgage-rescue business. Defendant allegedly promised a 97% success rate in securing loan modifications and falsely claimed that he was a licensed attorney.  |
United States v. Shmuckler |
n/a |
8/11/2011 |
www.mortgagedaily.com/LitigationCriminal082411.asp  |
| Jack Ferm |
State of Nevada |
n/a |
$192,000 |
Criminal charges brought against head of U.S. Justice Foundation in relation to loan modification/foreclosure relief scheme to charge upfront fees and defraud distressed homeowners. |
n/a |
n/a |
3/11/2011 |
www..www.mortgagedaily.com/litigationforeclosurefirms092711.asp |
Jeff McGrue, John-Pierre Rivera, Ronald Morgan, Gerald Guidry
|
United States |
U.S. District Court for the Central District of California |
$55,000,000 |
McGrue received a 25-year sentence during July in Gateway case. Guilty pleas for Rivera, Morgan and Guidry. |
U.S. v. McGrue, U.S. v. John-Pierre Rivera, U.S. v. Morgan, U.S. v. Guidry |
CR 08-1318(A)-ODW |
n/a |
www.mortgagedaily.com/litigationcriminal072511.asp |
| Marien Brown a/k/a Marien White |
United States |
U.S. District Court for the Eastern District of Missouri |
n/a |
Defendant operated 1st Financial Resource LLC and 1st Federal Resource LLC to target distressed borrowers in Hawaii, promising more than 80 clients that she would use her foreclosure-rescue service to help them avoid foreclosure. When clients wired funds to the defendant, she allegedly spent the money on personal expenses.  |
United States v. Brown |
n/a |
8/11/2011 |
www.mortgagedaily.com/LitigationCriminal082411.asp  |
| Peter James Porcelli |
United States |
U.S. Court of Appeals for the Eleventh Circuit |
$2,507,542 |
11th Circuit Court of Appeals affirms 2009 conviction of Porcelli for equity-stripping scheme related to assisting distressed homeowners. |
United States v. Porcelli |
No. 10-14777 |
9/21/2011 |
www..www.mortgagedaily.com/litigationforeclosurefirms092711.asp |
| Stephen Andrew Easterly; Emanuel Percival |
District Attorney – San Bernardino County |
San Bernardino County Court |
$17,000,000 |
Attorney General action against individuals promising foreclosure relief assistance in exchange for upfront fees. |
n/a |
n/a |
8/29/2011 |
www..www.mortgagedaily.com/litigationforeclosurefirms092711.asp |
| Bank of America, NA; Pablo Araque; Does 1-100 |
Patricia Arreola et al |
Los Angeles Superior Court – Central Civil West |
$30,000,000 |
Class Action plaintiffs are Latino families in California alleging ponzi scheme run by Juan Rangel which involved, among other things, a mortgage fraud scheme targeting homeowners with equity in the home but behind on their payments. BoA was sued for providing material assistance to the ponzi scheme. |
Arreola v. Bank of America N.A. et al |
BC464530 |
6/30/11 |
www.mortgagedaily.com/LitigationInvestor092811.asp |
| John Rutigliano; Kenneth Kiefer |
United States |
U.S. District Court for the Eastern District of New York |
$1,500,000 |
Defendants were arrested over allegations that they convinced distressed borrowers to sign over their titles, only to be swindled out of their properties. The scheme resulted in 14 borrowers losing $1.5 million. |
United States v. Rutigliano, et al. |
n/a |
n/a |
www.mortgagedaily.com/LitigationCriminal082411.asp  |
| Wells Fargo Bank, N.A.; Wells Fargo Financial of Tennessee, Inc.; Wells Fargo Financial Tennessee I, LLC |
City of Memphis; Shelby County |
U.S. District Court for the Western District of Tennessee |
n/a |
Settlement talks started in hopes of resolving a lawsuit that the city filed against the company’s local lending practices. The suit alleges that “unlawful, irresponsible, unfair, deceptive and discriminatory” lending practices by Wells Fargo violated the Fair Housing Act. |
City of Memphis, et al. v. Wells Fargo Bank, N.A., et al. |
2:2009cv02857 |
12/30/2009 |
www.mortgagedaily.com/MctLawsuitWellsMemphis083011.asp |
| Tanya L. Blackwell |
Ally Financial Inc. |
U.S. District Court for the Eastern District of Pennsylvania |
n/a |
Employer sues ex-employee for stealing confidential information of borrowers while working as a foreclosure defense attorney as well. |
Ally Financial, Inc. v. Blackwell |
No. 11-cv-4694 |
7/26/2011 |
www.mortgagedaily.com/litigationemployment092211.asp |
