|
Defendant
|
Plaintiff
|
Court
|
Amount
|
Overview
|
Case Title
|
Case Number
|
Date Filed |
Date of Activity |
Link to Story |
| Investors Savings Bank |
Keybank, N.A. |
Superior Court of New Jersey, Appellate Division |
$1,338,750 |
Judgment awarded to plaintiff in lawsuit against fraudulent borrower just before borrower refinanced loan with defendant. Appeal filed. |
INVESTORS SAVINGS BANK, Plaintiff-Respondent, v. KEYBANK NATIONAL ASSOCIATION, Defendant-Appellant, and DENIS KELLIHER, Defendant |
A-0404-10T2 |
na |
10/31/2011 |
www.mortgagedaily.com/LitigationTitle031712.asp |
| Wachovia Mortgage Corporation |
Vaca |
California Court of Appeal |
na |
Case dismissal affirmed by appeals court. Wife claimed ex-spouse used fraud to qualifty for a loan. |
Vaca v. Wachovia Mortgage Corporation |
Cal.Rptr.3d —-, 2011 WL 3659938 |
na |
na |
www.mortgagedaily.com/LitigationTitle100911.asp |
| Joshua Brown, John Sweetland, Brian Arrington, Brian Frank, Linda Defeo and Bruce Namenson |
na |
Suffolk Superior Court |
$12,500,000, |
Brown was convicted, co-defendants pleaded guilty. Sentencing was scheduled for Nov. 10. |
na |
na |
na |
11/10/2011 |
www.mortgagedaily.com/LitigationCriminal103111.asp |
| Daniel J. Nichter |
na |
Franklin County (Ohio) |
$26,000 |
Guilty plea. |
na |
na |
Dec. 2010 |
Nov. 2011 |
www.mortgagedaily.com/MctFraudAppraiser011412.asp |
| First American Corp., eAppraiseIT LLC |
State of New York |
Supreme Court of the State of New York, County of New York |
na |
Court ruled that state can process with lawsuit. |
THE PEOPLE OF THE STATE OF NEW YORK by ANDREW M. CUOMO, Attorney General of the State of New York, Plaintiff, -against- FIRST AMERICAN CORPORATION and FIRST AMERICAN EAPPRAISEIT, Defendants.
|
10-16502 |
9/30/2011 |
11/22/2011 |
www.mortgagedaily.com/LitigationAppraisal021312.asp |
| Wells Fargo & Co., GreenPoint Mortgage Funding Inc. |
Pelayo Duran |
CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION |
$100,000,000 |
Plaintiff alleges that defendant’s mortgage broker lured him in through an ad, then switched him to a subprime loan with GreenPoint |
PELAYO M. DURAN, Plaintiff, v. GREENPOINT MORTGAGE FUNDING, INC., a Foreign Corporation, WELLS FARGO & COMPANY a Foreign Corporation; WELLS FARGO BANK N.A., a Foreign Corporation, WELLS FARGO HOME MORTGAGE, INC., an inactive Florida Corporation, CINDY SIERRA and LEE A. ROSENTHAL, Personally; WELLS FARGO BANK N.A., AS TRUST ADMINISTRATOR FOR CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP.; ADJUSTABLE RATE MORTGAGE TRUST 2005-5, ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-5; TRUSTEE, INVESTORS 1-1000 IN AND FOR THE TRUST, MERSCORP, INC., a Foreign Corporation; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a subsidiary of MERSCORP., INC., a Delaware Corporation, Defendants |
09-03703 CA (01) |
na |
10/4/2011 |
www.mortgagedaily.com/LitigationMbs102511.asp |
| CoreLogic Valuation Service as successor company to eAppraiseIT |
Federal Deposit Insurance Corp. on behalf of WaMu |
U.S. District Court for the Central District of California |
$129,000,000 |
Four of six claims dismissed. |
na |
na |
5/9/2011 |
Nov. 2011 |
www.mortgagedaily.com/LitigationAppraisal021312.asp |
| Lender Processing Services Inc. |
Federal Deposit Insurance Corp. on behalf of WaMu |
U.S. District Court for the Central District of California |
$154,529,000 |
Order issued by judge limiting the FDIC’s claims to breach of the contract and granting LPS’ motion to dismiss the regulator’s claims of gross negligence, single business enterprise and joint venture claims. |
na |
na |
5/10/2011 |
11/2/2011 |
www.mortgagedaily.com/LitigationAppraisal021312.asp, www.mortgagedaily.com/MctLawsuitLps110611.asp |
| David Findel |
na |
na |
$11,994,000 |
Defendant sentenced to 2 years in prison for bankruptcy fraud following a 63-month sentence for mortgage and secondary fraud. |
na |
na |
na |
12/12/2011 |
www.mortgagedaily.com/LitigationCriminal122011.asp, www.mortgagedaily.com/LitigationCriminal103111.asp |
| Allied Home Mortgage Corp., Allied Home Mortgage Capital Corp., Jim C. Hodge, and Jeanne L. Stell |
United States of America |
U.S. District Court for the Southern District of New York |
$1,197,000,000 |
Complaint filed based on HUD allegations tied to FHA lending. The lawsuit seeks damages and civil penalties under the False Claims Act and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. |
United States of America, Plaintiff-Intervenor, -against- Allied Home Mortgage Corp., Allied Home Mortgage Capital Corp., Jim C. Hodge, and Jeanne L. Stell; United States of America ex rel. Peter Belli, Plaintiff, -against- Allied Home Mortgage Capital Corporation, Defendant. |
11 Civ. 05443 (VM) |
11/1/2011 |
na |
www.mortgagedaily.com/LawsuitAlliedVsHud111511.asp, www.mortgagedaily.com/LawsuitAlliedHud110111.asp; www.mortgagedaily.com/LawsuitAlliedVsHud110711.asp |
| Shaun Donovan, Secretary, United States Department of Housing and Urban Development, and The United States Department of Housing and Urban Development |
Allied Home Mortgage Corp., Allied Home Mortgage Capital Corp., Jim C. Hodge, and Jeanne L. Stell |
U.S. District Court for the Southern District of Texas |
na |
Motion for a preliminary injunction preventing FHA suspension granted. Plaintiff successfully argued that the mortgagee that caused FHA losses was separate from the current operating entity and that its suspension would have consequences that can’t be reversed. |
Allied Home Mortgage Corp. and James C. Hodge, Plaintiffs, v. Shaun Donovan, Secretary, United States Department of Housing and Urban Development, and The United States Department of Housing and Urban Development, Defendants |
4:11-cv-03864 |
11/2/2011 |
11/15/2011 |
www.mortgagedaily.com/LawsuitAlliedVsHud111511.asp, www.mortgagedaily.com/LawsuitAlliedVsHud110711.asp; www.mortgagedaily.com/LawsuitAlliedVsHud110811.asp |
| Wiley C. Chandler, Andrew B. Katakis, Donald M. Parker, Anthony B. Joachim and W. Theodore Longley (10 total) |
United States of America |
U.S. District Court for the Eastern District of California |
na |
Indictment of five defendants accused of scheming to rig bids at public real estate auctions from September 2008 until October 2009. They also allegedly fraudulently acquired titles to some auctioned properties and diverted money to co-conspirators. |
na |
na |
12/7/2011 |
na |
www.mortgagedaily.com/LitigationCriminal122011.aspwww.mortgagedaily.com/LitigationCriminal122011.asp, www.mortgagedaily.com/LitigationCriminal030612.asp |
| Aaron Hand |
na |
na |
$100,000,000 |
Indictment of defendant who was already incarcerated for mortgage fraud over trying to pay a hitman to kill one of the witnesses in his fraud trial |
na |
na |
10/6/2011 |
na |
www.mortgagedaily.com/LitigationCriminal103111.asp |
| Anthony Moya |
na |
na |
$269,722 |
Defendant pled guilty to obtaining loans for unqualified borrowers and misappropriating $269,722. Indictment against wife dismissed. |
na |
na |
na |
Dec. 2011 |
www.mortgagedaily.com/LitigationCriminal122011.aspwww.mortgagedaily.com/LitigationCriminal122011.asp |
| Anthony Pagilone |
Colorado’s 10th Judicial District Attorney’s Office |
na |
$350,000 |
Defendant’s trial was called off while the Pueblo District Attorney’s office changes the criminal complaint., After charges filed alleging defendant obtained a mortgage without homeowner’s knowledge, judge ruled that the charge was filed after five-year statute of limitations expired. |
na |
na |
Nov. 2010 |
Dec. 2011 |
www.mortgagedaily.com/LitigationCriminal103111.asp, www.mortgagedaily.com/LitigationCriminal122011.asp |
| Randolph Branham, Chris Cadenhead, Jackie T. Fair, Jane M. McDonald and Larry J. Malone |
United States of America |
U.S. District Court for the Northern District of Florida |
$1,200,000 |
Defendants have pled guilty to bribery tied to Southwest Georgia Farm Credit, ACA. |
na |
na |
na |
na |
www.mortgagedaily.com/LitigationCriminal122011.aspwww.mortgagedaily.com/LitigationCriminal122011.asp |
| Robert G. Cusic |
United States of America |
na |
$80,000 |
Defendant admitted that he conspired to make people believe they were being criminally investigated, mostly by the Internal Revenue Service, and his special relationship with an IRS special agent could make their problems go away at a cost of $20,000. |
na |
na |
na |
11/28/2011 |
www.mortgagedaily.com/LitigationCriminal122011.aspwww.mortgagedaily.com/LitigationCriminal122011.asp |
| Welton Kalani, Stephen Balino |
United States of America |
na |
$227,000 |
Guilty convictions. |
na |
na |
na |
Dec. 2011 |
www.mortgagedaily.com/LitigationCriminal030612.aspwww.mortgagedaily.com/LitigationCriminal030612.asp |
| Jerry J. Williams, Thomas B. Hebble, Angel P. Guerzon, Francesco “Frank” Mileto |
na |
na |
na |
Hebble, Guerzon and Lileto sentenced in case tied to failure of Orion Bank. |
na |
na |
March 2011 |
10/26/2011 |
www.mortgagedaily.com/LitigationCriminal103111.asp |
| S. Pope Cleghorn Jr., Russell T. Long |
na |
na |
$2,800,000 |
Cleghorn was senteced to 6 years for accepting kickbacks to approve two loans for $2.8 million. Long was also sentenced. |
na |
na |
na |
11/18/2011 |
www.mortgagedaily.com/LitigationCriminal122011.asp |
| Joseph W. Traxler |
United States of America |
U.S. District Court for the District of Minnesota |
$20,000,000 |
Centennial Mortgage and Funding CFO pleads guilty. |
na |
na |
na |
10/27/2011 |
www.mortgagedaily.com/MctPleaCentennial102711.asp |
| Gregory T. Smith, Roger Saunders |
na |
na |
$2,165,043 |
Smith was sentenced to 30 months in prison for fraudulent loan documents, forging signatures, and falsifying title insurance policies. Saunders entered guilty plea. |
na |
na |
na |
9/22/2011 |
www.mortgagedaily.com/LitigationCriminal103111.asp |
| James Alberino, Leo Desire, Primary Mortgage Resources Inc., Leo Desire and 17 other defendants |
Commonwealth of Massachusetts |
Suffolk Superior Court |
$70,000 |
Alberino banned from acting as a closing attorney or title agent in any real estate transaction in the state for knowingly and willfully engaged in unfair and deceptive conduct |
na |
na |
3/1/2007 |
na |
www.mortgagedaily.com/LitigationForeclosureFirms112111.asp |
