Mortgage Daily

Published On: May 1, 2013

Regulatory Lawsuits

First-Quarter 2013 Mortgage Litigation Index

Lawsuits by or against regulatory agencies.

 

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Filed Date of Activity Link to Story
U.S. Department of Housing and Urban Development Bennett U.S. Court of Appeals for the District of Columbia na Ruled that the case may proceed. Bennett v. Donovan 11-5288 1/4/2013 www.mortgagedaily.com/RegulatoryLawsuits1q2013.asp
FEDERAL DEPOSIT INSURANCE CORPORATION MBIA INSURANCE CORPORATION U.S. Court of Appeals, District of Columbia Circuit na Lower court decision in favor of defendant upheld on appeal. MBIA INSURANCE CORPORATION, Appellant v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity and as conservator and receiver of IndyMac Federal Bank, F.S.B., Appellee 11-5317; 708 F.3d 234 (2013) na 3/8/2013 www.mortgagedaily.com/RegulatoryLawsuits1q2013.asp
Federal Deposit Insurance Corporation Bank Of America, N. A. U.S. District Court, District of Columbia na Motion filed by plaintiff asking for clarification of the court’s Dec. 10, 2012. BANK OF AMERICA, N. A., As Indenture Trustee, Custodian, and Collateral Agent for OCALA FUNDING, LLC, Plaintiff and Counterclaim Defendant,  v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its capacity as the Receiver for COLONIAL BANK, and in its capacity as the Receiver for PLATINUM COMMUNITY BANK, Defendant and Counterclaim Plaintiff. 10-CV-1681 (BJR) 10/1/2010 2/5/2013 www.mortgagedaily.com/LitigationBkCorp021813.asp
HOMESTAR MORTGAGE SERVICES; HSBC BANK USA; DANA CAPITAL GROUP, INC.; THE CIT GROUP CONSUMER FINANCE, INC.; MERCURY MORTGAGE PARTNERS DANIEL R. SHERZER; GERALDINE SHERZER, Appellants U.S. Court of Appeals for the Third Circuit, U.S. District Court for the Eastern District of Pennsylvania $876,000 Judgment in favor of defendants overturned on appeal. DANIEL R. SHERZER; GERALDINE SHERZER, Appellants v. HOMESTAR MORTGAGE SERVICES; HSBC BANK USA; DANA CAPITAL GROUP, INC.; THE CIT GROUP CONSUMER FINANCE, INC.; MERCURY MORTGAGE PARTNERS 11-4254, district court Case No. 07-cv-05040 11/30/2007 2/5/2013 www.mortgagedaily.com/LawsuitRescission020613.asp
NATIONAL LABOR RELATIONS BOARD, RESPONDENT INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL 760, INTERVENOR NOEL CANNING, A DIVISION OF THE NOEL CORPORATION U.S. Court of Appeals for the District of Columbia na Recess appointments ruled unconstitutional. NOEL CANNING, A DIVISION OF THE NOEL CORPORATION, PETITIONER v. NATIONAL LABOR RELATIONS BOARD, RESPONDENT INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL 760, INTERVENOR 12-1115 1/26/2013 1/26/2013 www.mortgagedaily.com/CfpbAppointmentRuling012513.asp
United States of America State National Bank of Big Spring, Texas; Competitive Enterprise Institute; 60 Plus Association; Michigan, Oklahoma; South Carolina; Alabama; Georgia; Kansas; Montana; Nebraska; Ohio; Texas; West Virginia U.S. District Court for the District of Columbia na Eight more states join lawsuit. na na June 2012 2/13/2013 www.mortgagedaily.com/RegulatoryLawsuits1q2013.asp
Edward J. Woodard Jr., Simon Hounslow, Stephen G. Fields, Troy Brandon Woodard, Thomas E. Arney, Dwight A. Etheridge, Eric H. Menden, George P. Hranowskyj, Natallia Green, Maria Pukhova, Jeremy C. Churchill, Recardo S. Lewis United States of America U.S. District Court for the Eastern District of Virginia $268,000,000 Trial held in Bank of the Commonwealth case.. In re. Bank of Commonwealth na March 2012 Mar. 2013 www.mortgagedaily.com/MctTrialTBrandonWoodard032913.asp,
www.mortgagedaily.com/MctLawsuitCommonwealth052413.asp
Missouri Department of Insurance, Financial Institutions & Professional Registration, Division of Finance, Appellant Roy Garozzo, Respondent Supreme Court of Missouri, Circuit Court of St. Louis County na State circuit court order issue mortgage license to applicant with felony record reversed. Roy Garozzo, Respondent, vs. Missouri Department of Insurance, Financial Institutions & Professional Registration, Division of Finance, Appellant SC92152 na 1/29/2013 www.mortgagedaily.com/AppealMoLicense013013.asp
Fannie Mae, Freddie Mac City of Spokane U.S. Distict Court for the Eastern District of Washington $4,000,000 Complaing filed. na na Jan. 2013 Jan. 2013 www.mortgagedaily.com/MctLawsuitGseFees011113.asp
Aurora Office of the Comptroller of the Currency, Federal Reserve na $8,500,000,000 Settlement reached to resolve foreclosure reviews required from consent orders. Total for all 10 servicers. na na na 16-Jan www.mortgagedaily.com/ServicerSettlement010713.asp
Bank of America Office of the Comptroller of the Currency, Federal Reserve na total of $8,500,000,000 for all servicer Settlement reached to resolve foreclosure reviews required from consent orders. na na na 1/16/2013 www.mortgagedaily.com/ServicerSettlement010713.asp
Citibank Office of the Comptroller of the Currency, Federal Reserve na total of $8,500,000,000 for all servicer Settlement reached to resolve foreclosure reviews required from consent orders. na na na 1/16/2013 www.mortgagedaily.com/ServicerSettlement010713.asp
GMAC Mortgage Office of the Comptroller of the Currency, Federal Reserve na $8,500,000,000 Settlement reached to resolve foreclosure reviews required from consent orders. Total for all 10 servicers. na na na 1/16/2013 www.mortgagedaily.com/ServicerSettlement010713.asp
Goldman Sachs Office of the Comptroller of the Currency, Federal Reserve na $557,000,000 (total with Morgan Stanley) Settlement reached to resolve foreclosure reviews required from consent orders. na na na 1/16/2013 www.mortgagedaily.com/ServicerSettlement011613.asp
HSBC Office of the Comptroller of the Currency, Federal Reserve na $249,000,000 Settlement reached to resolve foreclosure reviews required from consent orders. na na na 1/19/2013 www.mortgagedaily.com/ServicerSettlementHsbc011913.asp
JPMorgan Chase Office of the Comptroller of the Currency, Federal Reserve na total of $8,500,000,000 for all servicer Settlement reached to resolve foreclosure reviews required from consent orders. na na na 1/16/2013 www.mortgagedaily.com/ServicerSettlement010713.asp
MetLife Bank Office of the Comptroller of the Currency, Federal Reserve na total of $8,500,000,000 for all servicer Settlement reached to resolve foreclosure reviews required from consent orders. na na na 1/16/2013 www.mortgagedaily.com/ServicerSettlement010713.asp
Morgan Stanley Office of the Comptroller of the Currency, Federal Reserve na $557,000,000 Settlement reached to resolve foreclosure reviews required from consent orders. (total includes Goldman Sachs) na na na 1/16/2013 www.mortgagedaily.com/ServicerSettlement011613.asp
PNC Office of the Comptroller of the Currency, Federal Reserve na total of $8,500,000,000 for all servicer Settlement reached to resolve foreclosure reviews required from consent orders. na na na 1/16/2013 www.mortgagedaily.com/ServicerSettlement010713.asp
Sovereign Office of the Comptroller of the Currency, Federal Reserve na total of $8,500,000,000 for all servicer Settlement reached to resolve foreclosure reviews required from consent orders. na na na 1/16/2013 www.mortgagedaily.com/ServicerSettlement010713.asp
SunTrust Office of the Comptroller of the Currency, Federal Reserve na total of $8,500,000,000 for all servicer Settlement reached to resolve foreclosure reviews required from consent orders. na na na 1/16/2013 www.mortgagedaily.com/ServicerSettlement010713.asp
U.S. Bank Office of the Comptroller of the Currency, Federal Reserve na total of $8,500,000,000 for all servicer Settlement reached to resolve foreclosure reviews required from consent orders. na na na 1/16/2013 www.mortgagedaily.com/ServicerSettlement010713.asp
Wells Fargo Office of the Comptroller of the Currency, Federal Reserve na total of $8,500,000,000 for all servicer Settlement reached to resolve foreclosure reviews required from consent orders. na na na 1/16/2013 www.mortgagedaily.com/ServicerSettlement010713.asp
Bank of America, JPMorgan Chase, UBS (15 total) Federal Housing Finance Agency Second US Circuit Court of Appeals, U.S. District Court for the Southern District of New York na Defendants in multiple lawsuits filed joint petition claiming that district court judge “systematically deprived” them of evidence to defend themselves, and issued rulings aimed at coercing settlements. Reversal of several decisions sought. na na 2011 3/26/2013 www.mortgagedaily.com/RegulatoryLawsuits1q2013.asp
Maiden Lane II American International Group Inc New York State Supreme Court in Manhattan na Complaint filed. American International Group Inc et al v. Maiden Lane II LLC 650115/2013 1/11/2013 1/11/2013 www.mortgagedaily.com/RegulatoryLawsuits1q2013.asp
Edward J. Woodard, Cynthia A. Sabol, Stephen G. Fields The Securities and Exchange Commission  U.S. District Court for the Eastern District of Virginia na Plaintiff alleges Defendants made misrepresentations to investors. United States Securities and Exchange Commission, Plaintiff, v. Edward J. Woodard, Jr., Cynthia A. Sabol, and Stephen G. Fields, Defendants. 2:13cv16 1/9/2013 1/9/2013 www.mortgagedaily.com/RegulatoryLawsuits1q2013.asp
Rex Townsend, Barbara Kaye, Renzo Lucioni, Gary Winter, Bess Alpaugh, Carl Berg, Jeffrey Goller, Thomas Kilbane, Andrew Mueller, and Alice Tawresey Federal Deposit Insurance Corporation, as Receiver for American
Marine Bank
U.S. District Court for the Western District of Washington $18,000,000 Complaint filed. Federal Deposit Insurance Corporation, as Receiver for American
Marine Bank, Plaintiff v. Rex Townsend, Barbara Kaye, Renzo Lucioni, Gary Winter, Bess Alpaugh, Carl Berg, Jeffrey Goller, Thomas Kilbane, Andrew Mueller, and Alice Tawresey, Defendants 
3:13–cv-05055 1/25/2013 1/25/2013 www.mortgagedaily.com/RegulatoryLawsuits1q2013.asp
Robert Wertheim, R. Glenn Wertheim, John W. Brown, Ronald Brown, Paul Goblet, Joyce Godwin, Shirley Scott, Bruce Seligman, Stephen M. Walker, Andrew Feld Federal Deposit Insurance Corp. U.S. District Court for the District of New Mexico $8,000,000 Complaint filed against former Charter Bank executives over losses from bank’s failure. na na Jan. 2013 Jan. 2013 www.mortgagedaily.com/MctLawsuitCharter012013.asp
Walter J. Ng, Kelly W. Ng, Bruce A. Horwitz, The Mortgage Fund Securities and Exchange Commission U.S. District Court for the Northern District of California $39,000,000 Complaint filed. Securities and Exchange Commission v. Walter Ng, Kelly Ng, Bruce Horwitz, and The Mortgage Fund, LLC C-13 0895-NC  2/28/2013 2/28/2013 www.mortgagedaily.com/RegulatoryLawsuits1q2013.asp

 

 

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